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 .
Response to Arguments
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
On page 12 of the Applicant’s Response, Applicant argues that “neither Khoryaev nor Hahn-individually or in any combination-can be relied upon to teach or suggest “receiving a discovery signal from a station via a second radio access technology that is different from the first radio access technology, wherein the discovery signal includes an identification value associated with the station””, with the corresponding teaching indicating the arguments and the arts references below, the Examiner respectfully disagrees.
Hahn (U.S. Provisional Application No. US 63/107,135 filed October 29, 2020) discloses the relay UE transmits discovery message to the remote UE (see proposals 10 or 12 on page 13). The discovery message sent between the relay UE and the remote UE is well known as P2P protocol communication. It is different from cellular communication in Khoryaey. Therefore, it characterizes as “receiving a discovery signal from a station via a second radio access technology that is different from the first radio access technology”. Hahn discloses relay UE transmits discovery message when it is relevant control parameters including signal quality thresholds (see Proposal 10 page 13). Hahn discloses the remove UE receives discovery message when signal strength of interface is lower than configured threshold (Proposal 14 page 14). Hahn discloses the remove UE receives discovery message based on pre-configured in the initial access case (Proposal 16 page 14).
The person skill in the art can derive “the relevant control parameters including signal quality threshold”, “when signal strength of interface is lower than configured threshold”, and/or “based on pre-configured in the initial access case” is equivalent to the discovery signal includes an identification value associated with the station. It is noted that limitation “an identification value associated with the station (i.e., the relay UE) has nothing to do to obtain the location of a mobile device in claim. The UE uses the configured threshold to determine to start the discovery message is equivalent to indicating value associated with the station. During patent examination, the claims must be given their broadly reasonable interpretation. See MPEP 2111. The term “an identification value associated with the station” is broadly claimed, therefore, it is broadly interpreted. Therefore, Hahn would suggest to one skilled in the art, the limitation " wherein the discovery signal includes an identification value associated with the station" as claimed.
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.
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.
Claim(s) 1-32, 38-40, 45-47, 51, and 52 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev et al. (US 2016/0095080) in view of Hahn (US 2023/0269812).
Regarding claims 1, 12, 32, and 40, Khoryaey discloses a method for determining a location of a mobile device (Abstract) and an apparatus, the method comprising:
receiving one or more reference signals transmitted via a first radio access technology (Claim 1; paragraph [0015]; e.g., receive, via the cellular network, a second positioning reference signal from which second timing information, relating to distance between the UE and a base station associated with the cellular network); It is noted that transmission from the cellular network characterizes as a first radio access technology;
determining measurement values for the one or more reference signals (paragraph [0050]; e.g., positioning metrics derived from the positioning reference signals, as well as potentially other information, such as measured values relating to signal strength of the positioning reference signals);
receiving a signal from a station via a second radio access technology that is different from the first radio access technology (paragraphs [0015], [0020], [0024]; e.g., receive, via the direct connection with the other UEs, first positioning reference signals from which first timing information, relating distances between the UE and other UEs); It is noted that direct connection with other UEs characterizes as a second radio access technology; and
obtaining the location based at least in part on the measurement values and the discovery signal (paragraphs [0015], [0020], [0023]; e.g., determining, based on the second positioning reference signal, a second position metric that relates to a position of the UE with respect to the base station; and determining, based at least on the first and second position metrics, a location of the UE).
Khoryaey discloses the UE receives a signal from a neighbor UE via direct connection; but fails to specifically disclose the UE receives a discovery signal from a station (i.e., a neighbor UE) and wherein the discovery signal includes an identification value associated with the station.
However, Hahn discloses the UE receives a discovery signal from a station (paragraphs [0113], [0123]; e.g., the transmitting terminal may transmit a discovery message (e.g., discovery signal) to discover neighboring relay terminal(s) (S807)) and wherein the discovery signal includes an identification value associated with the station (paragraph [0123]; e.g., the discovery message may include an identifier of the receiving terminal, an identifier of the transmitting terminal, and/or information requesting connection configuration for SL relay communication).
Therefore, taking the teachings of Khoryaey in combination of Hahn as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to receive a discovery signal from a station and wherein the discovery signal includes an identification value associated with the station for advantages of performing positioning for estimating position in a wireless communication system.
Regarding claims 21 and 46, Khoryaey discloses an apparatus and a method for determining a location of a mobile device (Abstract), the method comprising:
receiving a discovery signal from at least one neighboring user equipment (paragraphs [0015], [0020], [0024]; e.g., receive, via the direct connection with the other UEs, first positioning reference signals from which first timing information, relating distances between the UE and other UEs); and
obtaining the location based at least in part on the discovery signal (paragraphs [0015], [0020], [0023]; e.g., determining, based on the second positioning reference signal, a second position metric that relates to a position of the UE with respect to the base station; and determining, based at least on the first and second position metrics, a location of the UE).
Khoryaey discloses the UE receives a reference signal from a neighbor UE via direct connection; but fails to specifically disclose receiving a discovery signal and wherein the discovery signal includes an identification value associated with the at least one neighboring user equipment.
However, Hahn discloses the UE receives a discovery signal from a neighboring UE (paragraphs [0113], [0123]; e.g., the transmitting terminal may transmit a discovery message (e.g., discovery signal) to discover neighboring relay terminal(s) (S807)) and wherein the discovery signal includes an identification value associated with the station (paragraph [0123]; e.g., the discovery message may include an identifier of the receiving terminal, an identifier of the transmitting terminal, and/or information requesting connection configuration for SL relay communication).
Therefore, taking the teachings of Khoryaey in combination of Hahn as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to receive a discovery signal from the neighboring UE and wherein the discovery signal includes an identification value associated with the station for advantages of performing positioning for estimating position in a wireless communication system.
Regarding claims 2 and 13, Khoryaey in combination with Hahn discloses the method of claims 1 and 12, wherein the first radio access technology is a cellular communication network and the second radio access technology is a device-to-device communication interface (Khoryaey: paragraph [0015]; see connect with a cellular network and direct connection with other UEs).
Regarding claims 3 and 14, Khoryaey in combination with Hahn discloses the method of claims 2 and 13, wherein the cellular communication network is a long term evolution network or a fifth generation new radio network, and the device-to-device communication interface is a PC5 interface (Khoryaey: paragraph [0034]).
Regarding claims 4, 15, 24, and 25, Khoryaey in combination with Hahn discloses the method of claims 1, 12, and 22, wherein the identification value is an international mobile equipment identity value or a sidelink sequence identification value associated with the station (Hahn: paragraphs [0112], [0123]).
Regarding claims 5 and 16, Khoryaey in combination with Hahn discloses the method of claims 1 and 12, wherein the measurement values include one of a reference signal received power, a reference signal received quality, a received signal strength indication, a time of arrival, and a round trip signal propagation time (Khoryaey: paragraph [0050]; see signal strength of the positioning reference signal).
Regarding claims 6 and 17, Khoryaey in combination with Hahn discloses the method of claims 1 and 12, wherein the measurement values include a base station identification value or a beam identification value associated with at least one of the one or more reference signals (Khoryaey: paragraphs [0050], [0083]).
Regarding claims 7, 26, and 38, Khoryaey in combination with Hahn discloses the method and the apparatus of claims 1, 21, and 32, further comprising transmitting the measurement values and the identification value associated with the station to a network server, wherein obtaining the location includes receiving the location from the network server (Khoryaey: paragraph [0016]) and (Hahn: paragraph [0123]).
Regarding claims 8 and 18, Khoryaey in combination with Hahn discloses the method of claims 7 and 12, wherein the measurement values and the identification value associated with the station are transmitted in single message (Khoryaey: paragraphs [0016], [0050]) and (Hahn: paragraph [0123]).
Regarding claims 9, 19, 27-30, 39, 45, 51, and 52, Khoryaey in combination with Hahn discloses the method and the apparatus of claims 1, 12, 21, 32, 40, and 46, further comprising: receiving one or more sidelink reference signals transmitted via the second radio access technology; determining sidelink measurement values for the one or more sidelink reference signals; and obtaining the location based at least in part on the sidelink measurement values (Khoryaey: paragraphs [0020], [0026], [0030]).
Regarding claims 10, 22, and 47, Khoryaey in combination with Hahn discloses the method and the apparatus of claims 1, 21, and 46, further comprising receiving assistance data from a network server, and obtaining the location is based at least in part on the measurement values, the discovery signal, and the assistance data (Khoryaey: paragraphs [0031], [0050]).
Regarding claims 11, 20, and 23, Khoryaey in combination with Hahn discloses the method of claims 10, 12, and 22, wherein the assistance data includes a location of the station and a range class associated with the station (Khoryaey: paragraphs [0031], [0050]).
Regarding claim 31, Khoryaey in combination with Hahn discloses the method of claim 21, wherein the at least one neighboring user equipment is configured as a base station, and the discovery signal is received via a Uu interface (Khoryaey: paragraphs [0015], [0020]).
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 TIMOTHY X PHAM whose telephone number is (571)270-7115. The examiner can normally be reached Mon-Fri: 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY X PHAM/Primary Examiner, Art Unit 3648
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