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.
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.
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.
Claim(s) 20-24, 27-29, 35-36 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al., US 2023/0204705 A1 (using US provisional application filing date of May 29, 2020 related to provisional application 63/031,995; referred to as Thomas hereinafter), in view of Thomas et al., US 2024/0072870 A1 (using US provisional application filing date of December 16, 2020 related to provisional application 63/126,424; referred to as Thomas’870 hereinafter).
Here is how the references teach the claims.
Regarding claim 20, Thomas discloses an apparatus (Thomas, paragraph [0010], FIG. 2 is a schematic block diagram illustrating one embodiment of an apparatus that may be used for reporting positioning measurements) comprising:
at least one processor (Thomas, Fig. 2, element 202, “Processor”); and
at least one memory storing instructions that, when executed by the at least one processor (Thomas, paragraph [0043], In some embodiments, the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein. The processor 202 is communicatively coupled to the memory 204, the input device 206, the display 208, the transmitter 210, and the receiver 212), cause the apparatus at least to perform:
determining signal quality and a time of arrival of a positioning reference signal received from a network device (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS. Also see paragraph [0107], In certain embodiments, NLOS beam detection may include no LOS measurements with a spatial relation and/or setting with a source RS (e.g., SSB or DL PRS) that is QCL Type-D with a target RS (e.g., DL PRS of a DL PRS resource) corresponding to the beam). The NLOS beam detection may be identified (e.g., metrics distinguishing LOS and NLOS) based on one or more channel characteristics (e.g., received signal power, features extracted from channel power delay profile) received signal antenna array based techniques (e.g., received signal phase difference between antenna ports, AoA and/or AoD measurements), time of arrival ("TOA") measurements, consistency between different measurements (e.g., TOA and path loss measurements, consistency between direction and/or angle of departure and direction and/or angle of arrival). Also see paragraph [0108], In some embodiments, beam failure detection may be based on a quality of a beam and/or radio link ( e.g., based on RSRP measurement on a beam failure detection RS ("BFD-RS") as compared to a threshold or within an interval); and
identifying a positioning beam failure based at least in part on the determined signal quality and the determined time of arrival of the positioning reference signal (Thomas, paragraph [0068], in the context of positioning, a beam failure may result in a measurement loss of PRS resources which were initially configured by a location management function ("LMF"). Such beam failure may degrade an original accuracy required before initiating a positioning request. Furthermore, in such embodiments, for positioning techniques such as DL-TDOA, which rely on RSTD measurements between a pair of PRS resources and/or PRS resource sets, beam failure or NLOS beams may contribute to positioning accuracy degradation and a loss of the configured RSTD measurement. Beams which are NLOS to a UE, may need to be reselected since these beams may result in a decrease in accuracy of the UE's position estimate. Also see paragraphs [0057] and [0108]);
Regarding claim 35, Thomas discloses a method (Thomas, abstract, Apparatuses, methods, and systems are disclosed for reporting positioning measurements) comprising:
determining, at a terminal device, signal quality and a time of arrival of a positioning reference signal received from a network device (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS. Also see paragraph [0107], In certain embodiments, NLOS beam detection may include no LOS measurements with a spatial relation and/or setting with a source RS (e.g., SSB or DL PRS) that is QCL Type-D with a target RS (e.g., DL PRS of a DL PRS resource) corresponding to the beam). The NLOS beam detection may be identified (e.g., metrics distinguishing LOS and NLOS) based on one or more channel characteristics (e.g., received signal power, features extracted from channel power delay profile) received signal antenna array based techniques (e.g., received signal phase difference between antenna ports, AoA and/or AoD measurements), time of arrival ("TOA") measurements, consistency between different measurements (e.g., TOA and path loss measurements, consistency between direction and/or angle of departure and direction and/or angle of arrival). Also see paragraph [0108], In some embodiments, beam failure detection may be based on a quality of a beam and/or radio link ( e.g., based on RSRP measurement on a beam failure detection RS ("BFD-RS") as compared to a threshold or within an interval. Also see paragraph [0108], In some embodiments, beam failure detection may be based on a quality of a beam and/or radio link ( e.g., based on RSRP measurement on a beam failure detection RS ("BFD-RS") as compared to a threshold or within an interval);
identifying a positioning beam failure based at least in part on the determined signal quality and the determined time of arrival of the positioning reference signal (Thomas, paragraph [0068], in the context of positioning, a beam failure may result in a measurement loss of PRS resources which were initially configured by a location management function ("LMF"). Such beam failure may degrade an original accuracy required before initiating a positioning request. Furthermore, in such embodiments, for positioning techniques such as DL-TDOA, which rely on RSTD measurements between a pair of PRS resources and/or PRS resource sets, beam failure or NLOS beams may contribute to positioning accuracy degradation and a loss of the configured RSTD measurement. Beams which are NLOS to a UE, may need to be reselected since these beams may result in a decrease in accuracy of the UE's position estimate);
Regarding claim 39, Thomas discloses a non-transitory computer readable medium comprising program instructions that (Thomas, paragraph [0023], Any combination of one or more computer readable medium may be utilized. The computer readable medium may be a computer readable storage medium. The computer readable storage medium may be a storage device storing the code. Also see paragraph [0024], In the context of this document, a computer readable storage medium may be any tangible medium that can contain, or store a program for use by or in connection with an instruction execution system, apparatus, or device), when executed by an apparatus, cause the apparatus to perform at least the following:
determining signal quality and a time of arrival of a positioning reference signal received from a network device (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS. Also see paragraph [0107], In certain embodiments, NLOS beam detection may include no LOS measurements with a spatial relation and/or setting with a source RS (e.g., SSB or DL PRS) that is QCL Type-D with a target RS (e.g., DL PRS of a DL PRS resource) corresponding to the beam). The NLOS beam detection may be identified (e.g., metrics distinguishing LOS and NLOS) based on one or more channel characteristics (e.g., received signal power, features extracted from channel power delay profile) received signal antenna array based techniques (e.g., received signal phase difference between antenna ports, AoA and/or AoD measurements), time of arrival ("TOA") measurements, consistency between different measurements (e.g., TOA and path loss measurements, consistency between direction and/or angle of departure and direction and/or angle of arrival). Also see paragraph [0108], In some embodiments, beam failure detection may be based on a quality of a beam and/or radio link ( e.g., based on RSRP measurement on a beam failure detection RS ("BFD-RS") as compared to a threshold or within an interval);
identifying a positioning beam failure based at least in part on the determined signal quality and the determined time of arrival of the positioning reference signal (Thomas, paragraph [0068], in the context of positioning, a beam failure may result in a measurement loss of PRS resources which were initially configured by a location management function ("LMF"). Such beam failure may degrade an original accuracy required before initiating a positioning request. Furthermore, in such embodiments, for positioning techniques such as DL-TDOA, which rely on RSTD measurements between a pair of PRS resources and/or PRS resource sets, beam failure or NLOS beams may contribute to positioning accuracy degradation and a loss of the configured RSTD measurement. Beams which are NLOS to a UE, may need to be reselected since these beams may result in a decrease in accuracy of the UE's position estimate);
Regarding claims 20, 35 and 39, Thomas does not explicitly disclose and transmitting a beam management report about the identified positioning beam failure. In the same field or endeavor (e.g., communication system) Thomas’870 discloses a method related to location-aware beam selection that comprises and transmitting a beam management report about the identified positioning beam failure (Thomas’870, Fig. 7 and paragraph [0183], In some embodiments, the processor 705 detects a detecting a beam failure event and reports a beam failure indication and location information to the RAN. Also see paragraph [0183], the processor 705 receives a BFP configuration from a RAN node and performs beam measurements for at least one beam according to the BFP configuration and abstract).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Thomas by using the features, as taught by Thomas’870, in order to provide a method for enhancing beam management by using beam fingerprinting to select an optimal transmit and/or receive beam (see Thomas’870, abstract and paragraph [0004]).
Regarding claim 21, Thomas discloses wherein identifying the positioning beam failure comprises: in accordance with a determination that the signal quality is below a first threshold and the time of arrival of the positioning reference signal exceeds a time of arrival of a previously measured positioning reference signal by at least a second threshold (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams), identifying that the positioning beam failure occurs (Thomas, paragraph [0083], in the event of beam failure, NLOS detection, and/or lack of suitable LOS beams, a candidate beam with a highest priority and the corresponding PRS RSRP ( or PRS RSRP above a threshold) may be selected, where according to FIG. 5, a highest priority is indicated by 1 while a lowest priority is indicated by 4. Therefore, according to FIG. 5, candidate Beam ID 1 may be selected corresponding to the highest priority and best measured PRS RSRP. Also see paragraph [0098], In certain embodiments, configuration of a threshold value for each positioning method may be provided to a UE. For example, if a UE measures a PRS resource from beam 1 using TDOA and if an RSRP measured from beam 1 is below a certain configured threshold for good TDOA estimate, then the UE may dynamically calculate its position estimate using another positioning method for this PRS resource).
Regarding claim 22, Thomas discloses wherein identifying the positioning beam failure comprises: in accordance with a determination that the time of arrival of the positioning reference signal exceeds the time of arrival of the previously measured positioning reference signal by at least a third threshold (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams), wherein the third threshold is below the second threshold (Thomas, paragraph [0072], Certain radio measurement metrics, such as received signal strength indicator ("RSSI"), may also be considered for creating a beam-candidate list. In certain embodiments, a RS RSRP may also be measured to be within an RSRP interval, or above or below a configured RSRP threshold to autonomously switch to a most suitable beam from a beam candidate list), identifying that the positioning beam failure occurs (Thomas, paragraph [0083], in the event of beam failure, NLOS detection, and/or lack of suitable LOS beams, a candidate beam with a highest priority and the corresponding PRS RSRP ( or PRS RSRP above a threshold) may be selected, where according to FIG. 5, a highest priority is indicated by 1 while a lowest priority is indicated by 4. Therefore, according to FIG. 5, candidate Beam ID 1 may be selected corresponding to the highest priority and best measured PRS RSRP. Also see paragraph [0098], In certain embodiments, configuration of a threshold value for each positioning method may be provided to a UE. For example, if a UE measures a PRS resource from beam 1 using TDOA and if an RSRP measured from beam 1 is below a certain configured threshold for good TDOA estimate, then the UE may dynamically calculate its position estimate using another positioning method for this PRS resource).
Regarding claim 23, Thomas discloses wherein the at least one memory stores instructions that (Thomas, Fig. 2 and paragraph [0042], The apparatus 200 includes one embodiment of the remote unit 102. Furthermore, the remote unit 102 may include a processor 202, a memory 204), when executed by the at least one processor (Thomas, Fig. 2 and paragraph [0043], In some embodiments, the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein. The processor 202 is communicatively coupled to the memory 204, the input device 206, the display 208, the transmitter 210, and the receiver 212), cause the apparatus at least to perform:
receiving, from at least one of the network device or a location management function (Thomas, paragraph [0068], In some embodiments, in the context of positioning, a beam failure may result in a measurement loss of PRS resources which were initially configured by a location management function ("LMF")), a configuration indicating at least one of the first, second or third thresholds (Thomas, paragraph [0069], a UE may be allowed to rapidly select a next available beam based on a configured or preconfigured beam-candidate list, which is triggered upon the following events: 1) beam-failure detection containing a positioning-related RS configuration (e.g., activation of a timer, detection of physical problems in an RRC_ Connected state); 2) NLOS beam detection containing a positioning-related RS configuration; and 3) being unable to detect a required number of LOS beams containing a positioning- related RS configuration for a positioning technique ( e.g., based on a number of an LOS beam threshold parameter)).
Regarding claim 24, Thomas discloses wherein at least one of the first, second or third thresholds is bandwidth dependent (Thomas, paragraph [0062], selected positioning-related RS resources from each beam candidate within a single TRP or set of TRPs to perform positioning related measurements may allow for increased accuracy depending on factors such as a configured positioning-related RS bandwidth of a selected beam candidate).
Regarding claim 27, Thomas discloses wherein the at least one memory stores instructions that (Thomas, Fig. 2 and paragraph [0042], The apparatus 200 includes one embodiment of the remote unit 102. Furthermore, the remote unit 102 may include a processor 202, a memory 204), when executed by at least one processor (Thomas, Fig. 2 and paragraph [0043], In some embodiments, the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein. The processor 202 is communicatively coupled to the memory 204, the input device 206, the display 208, the transmitter 210, and the receiver 212), cause the apparatus at least to perform:
determining a time of arrival of at least one other signal received from the network device (Thomas, paragraph [0061], Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams); and
in accordance with a determination that the time of arrival of the positioning reference signal exceeds the time of arrival of the at least one other signal by at least a threshold (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams), identifying that the positioning beam failure occurs (Thomas, paragraph [0083], in the event of beam failure, NLOS detection, and/or lack of suitable LOS beams, a candidate beam with a highest priority and the corresponding PRS RSRP ( or PRS RSRP above a threshold) may be selected, where according to FIG. 5, a highest priority is indicated by 1 while a lowest priority is indicated by 4. Therefore, according to FIG. 5, candidate Beam ID 1 may be selected corresponding to the highest priority and best measured PRS RSRP. Also see paragraph [0098], In certain embodiments, configuration of a threshold value for each positioning method may be provided to a UE. For example, if a UE measures a PRS resource from beam 1 using TDOA and if an RSRP measured from beam 1 is below a certain configured threshold for good TDOA estimate, then the UE may dynamically calculate its position estimate using another positioning method for this PRS resource).
Regarding claim 28, Thomas discloses wherein the at least one other signal comprises at least one synchronization signal block (Thomas, paragraph [0107], In certain embodiments, NLOS beam detection may include no LOS measurements with a spatial relation and/or setting with a source RS (e.g., SSB or DL PRS) that is QCL Type-D with a target RS (e.g., DL PRS of a DL PRS resource) corresponding to the beam).
Regarding claim 29, Thomas discloses wherein the at least one memory stores instructions that (Thomas, Fig. 2 and paragraph [0042], The apparatus 200 includes one embodiment of the remote unit 102. Furthermore, the remote unit 102 may include a processor 202, a memory 204), when executed by at least one processor (Thomas, Fig. 2 and paragraph [0043], In some embodiments, the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein. The processor 202 is communicatively coupled to the memory 204, the input device 206, the display 208, the transmitter 210, and the receiver 212), cause the apparatus at least to perform:
determining, based on the at least one other signal, an alternative beam for a positioning beam associated with the positioning reference signal (Thomas, paragraph [0004], In some embodiments, the method includes measuring a positioning reference signal associated with each candidate beam of the list of candidate beams based on an associated positioning reference signal configuration. In certain embodiments, the method includes reporting positioning measurements based on the reporting criteria for at least one candidate beam of the list of candidate beams).
Regarding claim 36, Thomas discloses wherein identifying the positioning beam failure comprises:
in accordance with a determination that the signal quality is below a first threshold and the time of arrival of the positioning reference signal exceeds a time of arrival of a previously measured positioning reference signal by at least a second threshold (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams), identifying that the positioning beam failure occurs (Thomas, paragraph [0083], in the event of beam failure, NLOS detection, and/or lack of suitable LOS beams, a candidate beam with a highest priority and the corresponding PRS RSRP ( or PRS RSRP above a threshold) may be selected, where according to FIG. 5, a highest priority is indicated by 1 while a lowest priority is indicated by 4. Therefore, according to FIG. 5, candidate Beam ID 1 may be selected corresponding to the highest priority and best measured PRS RSRP. Also see paragraph [0098], In certain embodiments, configuration of a threshold value for each positioning method may be provided to a UE. For example, if a UE measures a PRS resource from beam 1 using TDOA and if an RSRP measured from beam 1 is below a certain configured threshold for good TDOA estimate, then the UE may dynamically calculate its position estimate using another positioning method for this PRS resource).
Claim(s) 25-26 and 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al., US 2023/0204705 A1 (using US provisional application filing date of May 29, 2020 related to provisional application 63/031,995; referred to as Thomas hereinafter), in view of Thomas et al., US 2024/0072870 A1 (using US provisional application filing date of December 16, 2020 related to provisional application 63/126,424; referred to as Thomas’870 hereinafter), as applied to the claims above and further in view of Butt et al., US 2023/0171836 A1 (using PCT application filing date of April 1, 2020 corresponding to PCT/EP2020/059303; referred to as Butt hereinafter).
Here is how the references teach the claims.
Regarding claims 25-26 and 37-38, Thomas and Thomas’870 discloses the apparatus of claim 20 and the method of claim 35.
Thomas further discloses the following features.
Regarding claim 25, wherein identifying the positioning beam failure comprises:
in accordance with a determination that the signal quality is below a first threshold and a difference between the time of arrival of the positioning reference signal and a time of arrival of a previously measured positioning reference signal is below a threshold difference (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams),
Regarding claim 26, wherein identifying the positioning beam failure comprises:
in accordance with a determination that the signal quality exceeds a first threshold and the time of arrival of the positioning reference signal exceeds a time of arrival of a previously measured positioning reference signal by at least a second threshold (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams),
Regarding claim 37, Thomas discloses wherein identifying the positioning beam failure comprises:
in accordance with a determination that the signal quality is below a first threshold and a difference between the time of arrival of the positioning reference signal and a time of arrival of a previously measured positioning reference signal is below a threshold difference (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams),
Regarding claim 38, Thomas discloses wherein identifying the positioning beam failure comprises:
in accordance with a determination that the signal quality exceeds a first threshold and the time of arrival of the positioning reference signal exceeds a time of arrival of a previously measured positioning reference signal by at least a second threshold (Thomas, paragraph [0061], positioning reference signals for candidate beams may be periodically measured with configurable intervals and based on a timing criteria, a priority indication, and/or an LOS and/or NLOS beam indication of an associated location request and positioning related RS … Further, in such embodiments, a timing criteria may be based on a shortest time difference between a time of a failure event on a first beam and a time instance that a measurement of a most suitable RS reference signal received power ("RSRP") on a second beam (e.g., selected from a candidate-beam) has been completed. Such embodiments may benefit a DL TDOA positioning technique if at least 3 beams belonging to a same TRP and/or different TRPs containing PRS resources are required for reference signal time difference ("RSTD") measurements (e.g., 1 reference beam together with 2 other beams),
Regarding claims 25-26 and 37-38, Thomas and Thomas’870 do not explicitly discloses the following features.
Regarding claim 25, identifying that a positioning beam associated with the positioning reference signal is blocked.
Regarding claim 26, identifying that the positioning beam failure is about to occur.
Regarding claim 37, identifying that a positioning beam associated with the positioning reference signal is blocked.
Regarding claim 38, identifying that the positioning beam failure is about to occur.
In the same field of endeavor (e.g., communication system) Butt discloses a method related to beam failure management for a user equipment (UE) that comprises the following features.
Regarding claim 25, identifying that a positioning beam associated with the positioning reference signal is blocked (Butt, paragraph [0062], The beam pair may be established in downlink and uplink transmission directions, for example, when a connection is established, using a set of procedures and functions performed by beam management. After the establishment of the beam pair, movements and rotations of the UE 104 and gradual changes in the communication network, may lead to blocking an established beam pair. Thus, such blocking of the beam pair may result in a beam failure).
Regarding claim 26, identifying that the positioning beam failure is about to occur (Butt, paragraph [0009], The method may comprise determining a beam failure instance counter (BFI counter) indicative of a number of consecutive beam failure instances at the UE at a time instance, determining a location of the UE at the time instance, and determining a beam failure probability factor based at least on the location of the UE and the BFI counter, wherein the beam failure probability factor is indicative of a probability of occurrence of a beam failure at the location of the UE, after a plurality of further time instances).
Regarding claim 37, identifying that a positioning beam associated with the positioning reference signal is blocked (Butt, paragraph [0062], The beam pair may be established in downlink and uplink transmission directions, for example, when a connection is established, using a set of procedures and functions performed by beam management. After the establishment of the beam pair, movements and rotations of the UE 104 and gradual changes in the communication network, may lead to blocking an established beam pair. Thus, such blocking of the beam pair may result in a beam failure).
Regarding claim 38, identifying that the positioning beam failure is about to occur (Butt, paragraph [0009], The method may comprise determining a beam failure instance counter (BFI counter) indicative of a number of consecutive beam failure instances at the UE at a time instance, determining a location of the UE at the time instance, and determining a beam failure probability factor based at least on the location of the UE and the BFI counter, wherein the beam failure probability factor is indicative of a probability of occurrence of a beam failure at the location of the UE, after a plurality of further time instances).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Thomas and Thomas’870 by using the features, as taught by Butt, in order to provide an improved method to manage beam failure in a 5G network in order to minimize the delay in initiating beam failure recovery procedure (see Butt, abstract and paragraph [0008]).
Claim(s) 30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al., US 2023/0204705 A1 (using US provisional application filing date of May 29, 2020 related to provisional application 63/031,995; referred to as Thomas hereinafter), in view of Thomas et al., US 2024/0072870 A1 (using US provisional application filing date of December 16, 2020 related to provisional application 63/126,424; referred to as Thomas’870 hereinafter), as applied to the claims above and further in view of Franke et al., US 2021/0409967 A1 (using PCT application filing date of October 30, 2019 corresponding to PCT/EP2019/079608; referred to as Franke hereinafter).
Here is how the references teach the claims.
Regarding claims 30-33, Thomas and Thomas’870 discloses the apparatus of claim 20.
Thomas further discloses the following features,
Regarding claim 33, wherein the beam management report comprises at least one of the following: information about a positioning beam associated with the positioning reference signal;
an indication that the positioning beam is a Line of Sight beam or a Non Line of Sight beam; or information about an alternative beam for the positioning beam (Thomas, paragraph [0056], In various embodiments, mechanisms may be used to improve latency and reliability of a positioning estimate by performing rapid beam reselection and/or switching using a time-based criteria, priority indications, LOS and/or NLOS indications, and/or positioning error criteria. Also see paragraph [0004], In some embodiments, the method includes measuring a positioning reference signal associated with each candidate beam of the list of candidate beams based on an associated positioning reference signal configuration. In certain embodiments, the method includes reporting positioning measurements based on the reporting criteria for at least one candidate beam of the list of candidate beams).
Thomas and Thomas’870 do not explicitly disclose the following features.
Regarding claim 30, wherein the determined time of arrival comprises a relative time of arrival.
Regarding claim 31, wherein the transmitting the beam management report comprises apparatus is caused to perform:
in response to identifying that the positioning beam failure occurs or is about to occur, transmitting the beam management report about the identified positioning beam failure to at least one of a location management function or the network device.
Regrading claim 32, wherein the at least one memory stores instructions that, when executed by at least one processor, cause the apparatus at least to perform:
transmitting a positioning measurement report to a location management function, wherein the positioning measurement report comprises a beam management report about a positioning beam associated with the positioning reference signal.
In the same field of endeavor (e.g., communication system) Franke discloses a method performed by a radio network or a LMF that comprises the following features.
Regarding claim 30, wherein the determined time of arrival comprises a relative time of arrival (Franke, paragraph [0091], In addition, the UE may be configured with multiple TOA reporting per DL beam. The UE may also report the set of TOA values relative to the first or strongest TOA value).
Regarding claim 31, wherein the transmitting the beam management report comprises:
in response to identifying that the positioning beam failure occurs or is about to occur (Franke, paragraph [0016], receiving, from the target UE, at least one measurement beam report including at least one value of each identified beam-ID along with an associated signal strength/quality indicator and one or several TOA or RSTD or RTT estimates associated with each received DL beam; and estimating the location of the target UE using at least the received measurement beam report received from the target UE), transmitting the beam management report about the identified positioning beam failure to at least one of a location management function or the network device (Franke, paragraph [0025], transmitting to the network node or s-gNB or LMF tat least said measurement beam report including at least one value of each identified beam-ID along with an associated signal strength/quality indicator and one or several TOA or RSTD or RTT estimates associated with each received DL beam).
Regrading claim 32, wherein the at least one memory stores instructions that, when executed by at least one processor (Franke, paragraph [0026], there is also provided a UE ( e.g. a target UE) for beam management, the UE comprising a processor and a memory, said memory containing instructions executable by said processor whereby said UE is operative to perform the subject-matter disclosed herein), cause the apparatus at least to perform:
transmitting a positioning measurement report to a location management function (Franke, paragraph [0025], transmitting to the network node or s-gNB or LMF tat least said measurement beam report including at least one value of each identified beam-ID along with an associated signal strength/quality indicator and one or several TOA or RSTD or RTT estimates associated with each received DL beam), wherein the positioning measurement report comprises a beam management report about a positioning beam associated with the positioning reference signal (Franke, paragraph [0024], performing TOA (or RSTD and/or RTT) measurements on the received DL RS (PRS, RS, CSI-RS, SSB) beams and providing at least one beam report to the s-gNB or the LMF).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Thomas and Thomas’870 by using the features, as taught by Franke, in order to support beam management for downlink and uplink positioning measurements in a communication network (see Franke, abstract and paragraph [0002]).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al., US 2023/0204705 A1 (using US provisional application filing date of May 29, 2020 related to provisional application 63/031,995; referred to as Thomas hereinafter), in view of Thomas et al., US 2024/0072870 A1 (using US provisional application filing date of December 16, 2020 related to provisional application 63/126,424; referred to as Thomas’870 hereinafter), in view of Franke et al., US 2021/0409967 A1 (using PCT application filing date of October 30, 2019 corresponding to PCT/EP2019/079608; referred to as Franke hereinafter), as applied to the claims above and further in view of Manolakos et al., US 2020/0374806 A1 (using US application publication date of November 26, 2020; referred to as Manolakos hereinafter).
Here is how the references teach the claims.
Regarding claims 34, Thomas, Thomas’870 and Franke disclose the apparatus of claim 32. Thomas, Thomas’870 and Franke do not explicitly disclose wherein the beam management report about an identified positioning beam failure causes the location management function or the network device to notify at least one other network device of the identified positioning beam failure, such that the least one other network device performs an operation for recovering the identified positioning beam failure. In the same field of endeavor (e.g., communication system) Manolakos discloses a method related to wireless communication that comprises wherein the beam management report about an identified positioning beam failure causes the location management function or the network device to notify at least one other network device of the identified positioning beam failure, such that the least one other network device performs an operation for recovering the identified positioning beam failure (Manolakos, paragraph [0161], the UE can start a partial beam failure recovery procedure, meaning that the UE may report that a subset (more than one) of the neighboring downlink reference signals has failed. This report may be through the regular PUCCH/ PUSCH channel, rather than the PRACH, as in the fourth option. The serving cell can then inform the location server or the neighboring cell(s) of the failure through a higher layer protocol ( e.g., the Xn interface)).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Thomas, Thomas’870 and Franke by using the features, as taught by Manolakos, in order to provide a method for reporting information related to uplink reference signal timing adjustments for enhanced uplink reference signal processing (see Manolakos, abstract and paragraph [0002]).
Response to Amendment
This action is responsive to applicant’s amendment and remarks received on 11/26/2025. Claims 20-39 are currently pending.
Response to Arguments
Applicant’s arguments filed on 11/26/2025, regarding claims 20-39 have been fully considered but they are moot in view of the new ground (s) of rejection. Newly found prior art Tomas’870 in combination with Thomas disclose the amended features of the claims as discussed in the office action above.
Regarding claim 20, on page 8, last paragraph and page 9 first paragraph of the remarks applicant argues that, "For (1), first, Thomas says that a positioning reference signal measurement may be based on LOS (line-of-sight) or NLOS (non-line-of-sight) reporting criteria: "In various embodiments, the remote unit 102 may classify the positioning reference signal measurement as non-line-of-sight or line-of-sight. In some embodiments, the remote unit 102 may report the positioning reference signal measurement of at least one beam of the list of candidate beams. The reported positioning reference signal measurement is based on the line-of-sight reporting criteria or the non-line-of-sight reporting criteria." See paragraph 41. Thus, NLOS might still be used and not be an indication of failure or losing signal power”. This argument is not persuasive. The argued feature of the claim recite, “identifying a positioning beam failure based at least in part on the determined signal quality and the determined time of arrival of the positioning reference signal”. That is the claim requires two features, at least in part, to identify a positioning beam failure, namely, (i) signal quality and (ii) the time of arrival. Thomas, discloses, beam failure detection is based on a quality of a beam and/or radio link (e.g., based on RSRP measurement on a beam failure detection RS ("BFD-RS") (see paragraph [0108]). Thomas also discloses positioning-related measurements may be defined as measurements of a signal (e.g., PRS or SRS) used for the purpose of performing positioning using certain techniques (e.g., downlink ("DL") time distance of arrival ("TDOA"), angle of departure ("AoD") (see paragraph [0057]). Thus, Thomas clearly discloses the argued feature of detecting beam failure based at least in part on the signal quality and the time of arrival.
On page 9, fourth paragraph of the remarks applicant argues that, “For (2), the NLOS beam detection may use TOA (paragraph 107), positioning reference signals may use TOA (paragraphs 117, 140, and 151), but there is no indication that beam failure determination would use TOA, let alone use both TOA and signal quality”. This argument is not persuasive for the reasons as explained above.
On pages 10-12, applicant’s arguments regarding other independent claims, reciting the similar features, are fully considered but they are not persuasive for the reasons as explained above.
On page 12 applicant’s argument regarding the allowability of the dependent claims is not persuasive since the independent claims stand rejected for the reasons as explained above.
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.
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/OBAIDUL HUQ/Primary Examiner, Art Unit 2473 Dated: 02/06/2026