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 Amendment
This communication is in response to the amendment filed 4/27/2026. The amendment has been entered and considered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amended claims now recite three different power modes. An awake power mode, normal power mode and power savings mode. The specifications lacks support for three different power modes let alone any definition for what “an existing awake power mode” is. The specification appears to only support the idea of changing from a normal power mode to a power savings mode and vice versa.
Appropriate correction required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The amended claims now require three power modes. An existing awake power mode, power savings mode and normal power mode. It is unclear what the “existing awake power mode” is as it is not defined in the claim language nor the specification.
Appropriate correction required.
Regarding claims 14 and 34, The claim states the requested power mode is the power savings mode (i.e. the one TRP measured). The claim further states reselecting “the one TRP”. It is unclear what is occurring here. The UE is never in a different mode thus there is no reselection taking place let alone measuring PRS form the reselected TRP. In the event the UE is in the power saving mode already, it is unclear how a UE reselects “the one TRP” it is already connected to.
Appropriate correction required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-9, 11, 16-19, 21-29, 31, 36-39 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated Do et al. “Do” US 2018/0317107.
Regarding claims 1 and 21, Do teaches a method and user equipment (UE), comprising:
a memory; at least one transceiver; and at least one processor communicatively coupled to the memory and the at least one transceiver (Figure 4, transceiver 412, processor 410 and memory 420), the at least one processor configured to:
determine to change a power mode of the UE form an existing awake power mode to a new power mode, when the new power mode is a power saving mode, the UE measures positioning reference signals (PRSs) from one transmission/reception point (TRP) and when the new power mode is a normal power mode, the UE measures PRSs from two or more TRPs (Figure 2B shows a PRS muting cycle which includes 16 cells and 8 cycles. During some cycles (cycles 3 and 7) only 1 cell (or TRP) is transmitting (i.e. power saving mode) and other times multiple cells are transmitting (i.e. normal power mode) PRS; Paragraphs 28-29. A UE wakes up (i.e. changes power mode) to scan/measure for PRS signals transmit by one or multiple cells; Paragraph 45 (see also Figure 5). The UE determines the corresponding time periods that are within the PRS and wakes up at appropriate times to perform the measurements; Paragraph 21. Thus the UE determines to change the power mode. Further, when one PRS cycle ends, the next one immediately begins (Paragraph 29). Thus, looking at Figure 2B, in the instance of time period 6, the UE is awake measuring PRS from cells 3, 6, and 12, and when period 7 hits, the UE drops down to measuring only one cell/TRP (i.e. power saving mode) switching from an “awake” mode to a lower power mode); and
change the power mode of the UE to the new power mode (based on the need to wake up to scan/measure PRS, the UE wakes up (i.e. changes the power mode to the new power mode; Paragraph 45 (See also Figures 2B and 5).
Regarding claims 2 and 22, Do teaches determining to change power of the UE to a new power mode comprises sending, to a location server, a request to change the power mode of the UE to the new power mode, and receiving from the location server, a positioning configuration associated with the new power mode (the mobile sends a request for a PRS system and receives data identifying cells, periods for PRS muting cycles and the quality of the PRS for each cell; Paragraphs 20-21 and 310 of Figure 3); and
Changing the power mode of the UE to the new power mode by using the positioning configuration for the new power mode received from the location server (Paragraphs 20-21 teaches the UE receives PRS information and muting cycle information which dictates when the UE would wake up or not (i..e changing power mode), see Figures 2B and 5 (step 540). Thus one can see the UE changes the power mode based on information received, in response to a request, from a location server as claimed).
Regarding claims 3 and 23, Do teaches the new power mode is the power saving mode and wherein the positioning configuration identifies one or more PRS for the UE to measure from one TRP (The UE can selectively wake-up and listen for PRS from individual cell transmitters saving power; Paragraph 29 and Figure 2B. Thus, one can see the UE wakes up based on the muting cycle (i.e. power saving mode) and can measure one or more PRS from one TRP (periods 3 and 7 of Figure 2B)).
Regarding claims 4 and 24, Do teaches the request to change the power mode of the UE indicates a preferred or suggested TRP (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B).
Regarding claims 5 and 25, Do teaches the new power mode is the normal power mode and wherein the positioning configuration identifies one or more PRSs for the UE to measure from two or more TRPs (Figure 2B shows a PRS muting cycle which includes 16 cells and 8 cycles. During cycles 1, 2, 4, 5, 6, 8, multiples cell (or TRPs) is transmitting and other times multiple cells are transmitting PRS; Paragraphs 28-29. A UE wakes up (i.e. changes power mode to normal) to scan/measure for PRS signals transmit by one or multiple cells; Paragraph 45 (see also Figure 5)).
Regarding claims 6 and 26, Do teaches the request to change the power mode of the UE indicates a preferred or suggested TRP (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B).
Regarding claims 7 and 27, Do teaches the request includes preferred/suggested positioning indicates a start time, end time or time window for the new power mode (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B. Figure 2B shows the requested information would thus entails various time periods (start/end/time windows) with respect to cells with PRS and the power mode (the various time periods dictate sleeping/awake cycles (i.e. power modes)).
Regarding claims 8 and 28, Do teaches the preferred/suggested configuration includes a positioning resource including a TRP (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B).
Regarding claims 9 and 29, Do teaches the request to change includes a request for a plurality of changes to the power mode of the UE over time (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B. Figure 2B shows there are a plurality of time periods which involve waking up and/or using power to measure one or multiple PRS signals, thus there would be a plurality of changes to the power mode for the UE over time).
Regarding claims 11 and 31, Do teaches a method and a location server (LS) (312 of Figure 3), comprising:
a memory; at least one transceiver; and at least one processor communicatively coupled to the memory and the at least one transceiver (PRS system with server has processors/memories; Figure 3), the at least one processor configured to:
receive, via the at least one transceiver, from a user equipment (UE), a request to change a power mode from an existing awake power mode to a requested power mode, wherein when the requested power mode is a power saving mode the UE measures positioning reference signals (PRSs) from one transmission/reception point (TRP) and when the new power mode is a normal power mode the UE measures PRSs from two or more TRPs (Figure 2B shows a PRS muting cycle which includes 16 cells and 8 cycles. During some cycles only 1 cell (or TRP i.e. power saving mode)) is transmitting and other times multiple cells are transmitting PRS (normal mode; Paragraphs 28-29. A UE wakes up (i.e. changes power mode) to scan/measure for PRS signals transmit by one or multiple cells; Paragraph 45 (see also Figure 5). The mobile sends a request (thus the server receives the request) for a PRS system and receives data identifying cells, periods for PRS muting cycles and the quality of the PRS for each cell; Paragraphs 20-21 and 310 of Figure 3. Further, When one PRS cycle ends, the next one immediately begins (Paragraph 29). Thus, looking at Figure 2B, in the instance of time period 6, the UE is awake measuring PRS from cells 3, 6, and 12, and when period 7 hits, the UE drops down to measuring only one cell/TRP (i.e. power saving mode) switching from an “awake” mode to a lower power mode); and
configure the UE to measure positioning reference signals (PRSs) according to the requested power mode (based on the need to wake up to scan/measure PRS, the UE wakes up (i.e. changes the power mode to the new power mode; Paragraph 45 (See also Figures 2B and 5). This is performed based on the information the server sends to the UE in response to the request, Thus the server configures the UE).
Regarding claims 16 and 36, Do teaches the request includes preferred/suggested positioning indicates a start time, end time or time window for the new power mode (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B. Figure 2B shows the requested information would thus entails various time periods (start/end/time windows) with respect to cells with PRS and the power mode (the various time periods dictate sleeping/awake cycles (i.e. power modes)).
Regarding claims 17 and 37, Do teaches configuring the UEs to measure PRSs according to the power mode includes configuring the UEs to use a portion of the preferred or suggested positioning configuration (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B. Figure 2B shows the requested information would thus entails various time periods (start/end/time windows) with respect to cells with PRS and the power mode (the various time periods dictate sleeping/awake cycles (i.e. power modes)). As the UE receives signals from the suggested/preferred TRPs, it has used “at least a portion” as claimed).
Regarding claims 18 and 38, Do teaches the preferred/suggested configuration includes a positioning resource including a TRP (The request is for PRS assistance data regarding TRPs in the area (i.e. suggested/preferred TRP); Paragraph 20, see also Paragraph 29 and Figure 2B).
Regarding claims 19 and 39, Do teaches the request is for a plurality of changes to the power mode over a period of time (Figure 2B shows a PRS muting cycle which includes 16 cells and 8 cycles. The mobile sends a request for a PRS system and receives data identifying cells, periods for PRS muting cycles and the quality of the PRS for each cell; Paragraphs 20-21 and 310 of Figure 3. As can be seen there are multiple different power changes that occur as the UE can scan various cells); and
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.
Claim(s) 12, 13, 15, 32, 33, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Do in view of Berggren et al. “Berggren” US 2023/0127908.
Regarding claims 12 and 32, Do teaches the power saving mode as shown in claims 11 and 31, Do does not teach notifying other TRPs to stop transmitting PRS towards the UE. Berggren teaches the location server sends signals to stop transmitting PRS to a subset of the base stations; Paragraph 140. Thus one can see some base stations are told, by the location server, to stop transmitting PRS towards the UE.
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Do to include notifying other TRPs to stop sending PRS to the UE as taught by Berggren.
One would be motivated to make the modification such that particular base stations can be notified as to whether or not (and when) to transmit PRS signals as taught by Berggren; Paragraph 140.
Regarding claims 13 and 33, while Do teaches power savings mode (based on the need to wake up to scan/measure PRS, the UE wakes up (i.e. changes the power mode to the new power mode; Paragraph 45 (See also Figures 2B and 5). This is performed based on the information the server sends to the UE in response to the request. The idea that a UE wakes up to perform scanning and when not scanning goes into an idle/sleep state shows a power savings method).
Do does not expressly disclose the server selecting the TRP based on information provided by the TRP; however, Breggren teaches base stations (TRPs) send their PRS configuration information to the location server; S1001a/b Figure 10. From this a base station (TRP) will later be chosen to send the PRS transmission based on the PRS configuration sent to the LS; Figure 10 and Paragraph 135.
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Do to include choosing a TRP based on information received from the TRP as taught by Berggren.
One would be motivated to make the modification such that particular base stations can be notified as to whether or not (and when) to transmit PRS signals as taught by Berggren; Paragraph 140.
Regarding claims 15 and 35, Do teaches the normal mode as shown in claims 11 and 31, Do does not teach notifying at least two TRPs to start or continue transmitting PRS towards the UE. Berggren teaches the location server sends signals to activate (i.e. start) transmitting PRS to a subset of the base stations; Paragraph 140. Thus one can see some base stations are told, by the location server, to transmit PRS towards the UE.
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Do to include notifying other TRPs to start sending PRS to the UE as taught by Berggren.
One would be motivated to make the modification such that particular base stations can be notified as to whether or not (and when) to transmit PRS signals as taught by Berggren; Paragraph 140.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-40 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.
Regarding the 112 rejections for claims 14 and 34, the rejection is being maintained. The amendment to the claims states the UE is requested to change from an existing awake power mode to a power saving mode; however, the specification lacks support for an existing awake power mode. The existing awake power mode is not defined in a way that differentiates it from a power savings mode. In other words, if the “existing awake power mode” is measuring one TRP, then it doesn’t make any sense as to the UE reselecting the one TRP it is already on/measuring. Further, the specification only appears to support the idea of changing from a normal power mode to a power savings mode, thus the addition of some third awake power mode is new matter.
Regarding the independent claims, Applicant argues the prior art does not teach or suggest a UE making its own decisions with respect to which mode to operate in whereas the prior art has the network telling the UE what mode to operate in. Applicant argues Do addresses when a device should wake up to measure PRS signals (sleep mode (TRO-0) to an awake mode (TRP-1)) in which one or more TRPs are measured. Applicant argues Do transitions from a 0 TRP mode to a 1+ TRP mode, not a transition between 1TRP and 2+TRP modes as claimed. Applicant further argues Do does not reduce the TRPs measured down to 1 as part of a power savings mode.
The Examiner respectfully disagrees. First, there is nothing that prevents the UE from obtaining information from a network node to perform the power changes. The UE itself still makes the decision to actually perform the power mode change. In Do, paragraph 21 teaches that the UE determines the corresponding time periods that are in a PRS and wakes up at the appropriate times to perform the measurements. Further, with respect to Figure 2B, Do teaches measuring 1 cell/TRP in periods 3 and 7 (i.e. power saving mode) and measuring two or more cells/TRP in times 1, 2, 4-6 and 8 (i.e. normal mode). Thus one can see the UE has the ability to decide when to perform measurements and those measurements can be associated with one cell/TRP or multiple (i.e. changing between power savings mode and a normal mode); Paragraphs 28-29. Regarding Applicant’s argument that the device in Do is going from TRP-0 to TRP-1 instead of 2+, the Examiner notes the claim language is not written in a way that prevents this scenario from occurring. A 112 was introduced because the specification does not support the idea that the UE is in an existing “awake” state as now claimed. Further, When one PRS cycle ends, the next one immediately begins (Paragraph 29). Thus, looking at Figure 2B, in the instance of time period 6, the UE is awake measuring PRS from cells 3, 6, and 12, and when period 7 hits, the UE drops down to measuring only one cell/TRP (i.e. power saving mode) switching from an “awake” mode to a lower power mode.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at (571)-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDON M RENNER/ Primary Examiner, Art Unit 2411
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