DETAILED ACTION
Response to Amendment
The amendment filed December 8, 2025 has been entered.
Claim 1-11 are amended.
Claims 1-11 are pending this application
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Appleford et al (US 2013/0293412 A1) in view of Gunnarsson et al (WO 2020/190198 A1).
Regarding Claim 1, Appleford discloses a method for acquiring GNSS correction data, using an electronic terminal the method comprising [0013, 0028 for downloading data]:
receiving cell allocation information from a server using an electronic terminal [0013 for receiving GNSS correction information, 0028, 0031].
Appleford fails to explicitly teach the cell allocation information including information about a coverage of the cells of a plurality of cells for allocating GNSS correction data; determining target cells of the plurality of cells using the electronic terminal based on at least the cell allocation information; sending a data acquisition request for acquiring the GNSS correction data corresponding to only the target cells from the electronic terminal to the server; and receiving, using the electronic terminal, the GNSS correction data sent by the server in response to the data acquisition request, the GNSS correction data corresponding to only the target cells.
Gunnarson has a method performed by a target device to obtain positioning assistance data from a location server (abstract) and teaches the cell allocation information including information about a coverage of the cells of a plurality of cells for allocating GNSS correction data [figure 3A 301-304 first logical position (first cell) and second logical position (second cell) with page 11 lines 15-25 for using positioning assistance with server requests and page 23 lines 10-20 for determining serving cell (target cell);
determining target cells of the plurality of cells using the electronic terminal based on at least the cell allocation information [page 10, lines 30-35 for having target device (electronic terminal request positioning assistance data (correction) from location server];
sending a data acquisition request for acquiring the GNSS correction data corresponding to only the target cells from the electronic terminal to the server [page 4, lines 9-14 for mapping data and page 10, lines 30-35 for transmitting (sending) data from target device to server];
and receiving, using the electronic terminal, the GNSS correction data sent by the server in response to the data acquisition request, the GNSS correction data corresponding to only the target cells [page 11, lines 1-15 for gettering positioning data from server serving the target device based on logical position (target cell) with page 23 lines 10-30 for using RTK/GNSS data (positioning data)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the positioning assistance techniques, as disclosed by Appleford, further including the target cell calculations as taught by Gunnarsson for the purpose to enable the location server to take into account the movement of the target device for updating position assistance data (Gunnarsson, page 11, lines 15-25).
Regarding Claim 2, Appleford discloses determining the target cells comprises [0013 for getting GNSS correction information without a dedicated connection, 0019 for handover information, 0028-0031]:
Determining the target cells of a plurality of cells further based on a current position of the electronic terminal and/or a future position to which the electronic terminal will move [0013 based on movement from one cell to another, 0019].
Regarding Claim 3, Appleford discloses sending an information acquisition request for acquiring the cell allocation information from the electronic terminal to the server [0027 for rover sending/receiving GNSS correction information, and 0028];
and sending the cell allocation information from the server to the electronic terminal in response to the server receiving the information acquisition request [0013, 0028 for downloading data].
Regarding Claim 4, Appleford discloses the target cells comprise at least one of (i) a cell of the plurality of cells in which the electronic terminal is currently located, (ii) a cell of the plurality of cells to which the electronic terminal will move and (iii) a cell of the plurality of cells that is adjacent to the cell in which the electronic terminal is currently located [0013 for getting GNSS correction information without a dedicated connection and 0019 for handover data].
Regarding Claim 5, Appleford discloses a method sending GNSS correction data from a server to an electronic terminal, the method comprising [0013, 0028 for downloading data]:
sending cell allocation information from the server to the electronic terminal [0014 for using multiple transmit streams for local correction data and 0018].
Appleford fails to explicitly teach the cell allocation information including information about a coverage of the cells a plurality of cells for allocating GNSS correction data; receiving a data acquisition request for acquiring the GNSS correction data corresponding to only target cells a plurality of cells from the electronic terminal; and sending the GNSS correction data corresponding to only the target cells to the electronic terminal in response to the data acquisition request.
Gunnarson has a method performed by a target device to obtain positioning assistance data from a location server (abstract) and teaches the cell allocation information including information about a coverage of the cells a plurality of cells for allocating GNSS correction data [figure 3A 301-304 first logical position (first cell) and second logical position (second cell) with page 11 lines 15-25 for using positioning assistance with server requests and page 23 lines 10-20 for determining serving cell (target cell);
receiving a data acquisition request for acquiring the GNSS correction data corresponding to only target cells a plurality of cells from the electronic terminal [page 11, lines 1-15 for gettering positioning data from server serving the target device based on logical position (target cell) with page 23 lines 10-30 for using RTK/GNSS data (positioning data)]
and sending the GNSS correction data corresponding to only the target cells to the electronic terminal in response to the data acquisition request [page 4, lines 9-14 for mapping data and page 10, lines 30-35 for transmitting (sending) data from target device to server].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the positioning assistance techniques, as disclosed by Appleford, further including the target cell calculations as taught by Gunnarsson for the purpose to enable the location server to take into account the movement of the target device for updating position assistance data (Gunnarsson, page 11, lines 15-25).
Regarding Claim 6, Appleford discloses further comprising: receiving an information acquisition request from an electronic terminal for acquiring the cell allocation information [0027 for rover sending/receiving GNSS correction information, and 0028];
and sending the cell allocation information to the electronic terminal in response to the information acquisition request [0013, 0028 for downloading data].
Regarding Claim 7, Appleford discloses the target cells comprise at least one of (i) a cell of the plurality of cells in which the electronic terminal is currently located, (ii) a cell of the plurality of cells to which the electronic terminal will move and (iii) a cell of the plurality of cells that isadjacent to the cell in which the electronic terminal is currently located in [0013 for getting GNSS correction information without a dedicated connection and 0019 for handover data].
Regarding Claim 8, Appleford discloses an electronic terminal for acquiring GNSS correction data, comprising [0013, 0028 for downloading data]:
a processor configured to:
process cell allocation information received by the electronic terminal from a server [0013 for receiving GNSS correction information 0028, 0031].
Appleford fails to explicitly teach the cell allocation information including information about a coverage of cells of a plurality of cells for allocating GNSS correction data; determine target cells of the plurality of cells based on at least the cell allocation information; cause a data acquisition request to be sent from the electronic terminal to the server, the data acquisition request for acquiring GNSS correction data corresponding to only the target cells to the server; and process GNSS correction data received by the electronic terminal, sent by the server in response to the data acquisition request, the GNSS correction data corresponding to only the target cells.
Gunnarson has a method performed by a target device to obtain positioning assistance data from a location server (abstract) and teaches the cell allocation information including information about a coverage of cells of a plurality of cells for allocating GNSS correction data [figure 3A 301-304 first logical position (first cell) and second logical position (second cell) with page 11 lines 15-25 for using positioning assistance with server requests and page 23 lines 10-20 for determining serving cell (target cell);
determine target cells of the plurality of cells based on at least the cell allocation information [page 10, lines 30-35 for having target device (electronic terminal request positioning assistance data (correction) from location server];
cause a data acquisition request to be sent from the electronic terminal to the server, the data acquisition request for acquiring GNSS correction data corresponding to only the target cells to the server [page 4, lines 9-14 for mapping data and page 10, lines 30-35 for transmitting (sending) data from target device to server];
and process GNSS correction data received by the electronic terminal, sent by the server in response to the data acquisition request, the GNSS correction data corresponding to only the target cells [page 11, lines 1-15 for gettering positioning data from server serving the target device based on logical position (target cell) with page 23 lines 10-30 for using RTK/GNSS data (positioning data)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the positioning assistance techniques, as disclosed by Appleford, further including the target cell calculations as taught by Gunnarsson for the purpose to enable the location server to take into account the movement of the target device for updating position assistance data (Gunnarsson, page 11, lines 15-25).
Regarding Claim 9, Appleford discloses a server for sending GNSS correction data, the server device comprising [0013, 0028 for downloading data]:
Cause the server to send cell allocation information to an electronic terminal [0014 for using multiple transmit streams for local correction data and 0018]
Appleford fails to explicitly teach cell allocation information includes information about coverage of cells for allocating GNSS correction data; process a data acquisition request received by the server from the electronic terminal, the data acquisition request for acquiring the GNSS correction data corresponding to only target cells and cause the server to send the GNSS correction data corresponding to only the target cells to the electronic terminal in response to the data acquisition request.
Gunnarson has a method performed by a target device to obtain positioning assistance data from a location server (abstract) and teaches cell allocation information includes information about coverage of cells for allocating GNSS correction data [figure 3A 301-304 first logical position (first cell) and second logical position (second cell) with page 11 lines 15-25 for using positioning assistance with server requests and page 23 lines 10-20 for determining serving cell (target cell);
process a data acquisition request received by the server from the electronic terminal [page 10, lines 30-35 for having target device (electronic terminal request positioning assistance data (correction) from location server];
the data acquisition request for acquiring the GNSS correction data corresponding to only target cells [page 4, lines 9-14 for mapping data and page 10, lines 30-35 for transmitting (sending) data from target device to server];
and cause the server to send the GNSS correction data corresponding to only the target cells to the electronic terminal in response to the data acquisition request [page 11, lines 1-15 for gettering positioning data from server serving the target device based on logical position (target cell) with page 23 lines 10-30 for using RTK/GNSS data (positioning data)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the positioning assistance techniques, as disclosed by Appleford, further including the target cell calculations as taught by Gunnarsson for the purpose to enable the location server to take into account the movement of the target device for updating position assistance data (Gunnarsson, page 11, lines 15-25).
Regarding Claim 10, Appleford discloses a computer program product, comprising: a computer program which, and when executed by a processor, executes the method [0048-0049].
Regarding Claim 11, Appleford discloses a computer program product, comprising: a computer program which, when executed by a processor, executes the method [0048-0049].
Response to Arguments
Applicant’s arguments with respect to claims 1-11 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.
On page 8, last paragraph of applicant’s argument, the applicant states that only certain GNSS correction data is received. The examiner respectfully disagrees: Gunnarsson teaches using positioning assistance data (correction) for only logical positions (target cells) [Gunnarsson, page 11, lines 10-25].
On page 9, second paragraph of applicant’s argument, the applicant states Appleford does not explicitly disclose requesting and receiving GNSS correction data for only target cells. The examiner respectfully disagrees: Gunnarsson teaches using a server to send and receive correction data for target cells [Gunnarsson, figure 3A].
On page 11, third paragraph of applicant’s argument, the applicant states Appleford does not receive data acquisition request. The examiner respectfully disagrees: Gunnarsson transmitting and receiving data from a server for position assistance [page 10, lines 30-35 for having target device (electronic terminal request positioning assistance data (correction) from location server].
On page 12, third paragraph of applicant’s argument, the applicant states Appleford does not teach a processor. The examiner respectfully disagrees: Appleford teaches using processors for transmitting signals [Appleford, 0048-0050].
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
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.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648