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 on 03/18/2026 with respect to amended claims have been fully considered but they are not persuasive.
Applicant’s argument regarding claim 8 that, with respect to the independent claim 8 and 38, Applicants respectfully submit that none of the references, either alone or in combination, teaches, discloses, suggests or otherwise renders obvious each and every element of claim 8 and 38 with the amendments. Specifically, none of the references, either alone or in combination, teaches, discloses, suggests or otherwise renders obvious at least the following element/limitation of claim 8 and 38: "the second subset of PRS resources uses different PRS sequences than the first subset of PRS resources." That is incorrect.
In response to applicant’s specific arguments, examiner respectfully disagrees with the applicant’s comments. Hans discloses the method, wherein the second subset of PRS resources use different PRS sequences than the first subset of PRS resources, see, para [0039], The mobile terminals receive the positioning reference signals which are available at their respective locations. For example, with the mobile terminal locations illustrated in FIG. 2, [0040] the first mobile terminal 209 receives the direct signal from the first base station 201 only [0041] the second mobile terminal 210 receives signals from the first relay node 205 and the first base station 201 [0108] According to an embodiment, a relay node may for example adapt a positioning reference signal by [0109] A. a relay node specific masking of resource elements used for positioning reference signals [0110] B. the use of a relay node specific symbol sequences for positioning reference signals [0111] C. adapting the phase of the positioning references signals. [0121] As illustrated in FIG. 9, only five of the 16 resource elements that are used by the base stations 201, 202 for transmitting positioning reference signals are used by the relay nodes 205, 206, 207. [0123] In the arrangement as shown in FIG. 2, the first mobile terminal 209 receives the positioning reference signals directly from the first base station 201 in accordance with the first radio resource allocation diagram 801 of FIG. 8, i.e. receives the reference symbol sequence with no missing parts and can use them for positioning estimation in the usual way. [0124] The second mobile terminal 210 receives an overlay of the signals sent by the first base station 201 and the first relay node 205. Now, the second mobile terminal 210 has several possibilities to analyze the received signals.
Therefore, for the above mentioned reasons, examiner has maintained the same grounds of rejections.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8-10, 38- 40 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hans et al. (US2012/0208523) (hereafter Hans) (see IDS).
Regarding claims 8 and 38, Hans discloses a method of wireless positioning performed by a base station (par. 121, base stations, 201, 202), comprising:
transmitting a plurality of positioning reference signal resources towards a reflector (par. 121: "the 16 resource elements"), wherein a first subset of PRS resources of the plurality of PRS resources is configured for one or more first user equipment in a first region served by the base station (par. 28 and 121: the other 11 resource elements which are not used by the relay nodes correspond to the first subset of PRS resources) and a second subset of PRS resources of the plurality of PRS resources is configured for one or more second UEs in a second region served by the reflector (par. 28 and 121: the 5 resource elements used by the relay nodes correspond to the second subset of PRS resources);
wherein the second subset of PRS resources use different PRS sequences than the first subset of PRS resources (see, [0108], a relay node may for example adapt a positioning reference signal by [0109] A. a relay node specific masking of resource elements used for positioning reference signals [0110] B. the use of a relay node specific symbol sequences for positioning reference signals [0111] C. adapting the phase of the positioning references signals, [0121] As illustrated in FIG. 9, only five of the 16 resource elements that are used by the base stations 201, 202 for transmitting positioning reference signals are used by the relay nodes 205, 206, 207. [0122] The configuration of the relay nodes 205, 206, 207 with respect to the resource allocation for sending out the positioning reference signals is made known to the mobile terminals 209 to 212) and
transmitting, to the reflector, one or more control signals related to reflection of the second subset of PRS resources (par. 115, Which parts are transmitted and which are left blank is different for the different relay nodes 205, 206, 207 such that the relay node 205, 206, 207 sending the reference symbol sequence with missing parts (i.e. the changed reference symbol sequence) can be determined from the information which parts are missing).
Regarding claim 9 and 39, Hans further discloses the method, wherein the one or more control signals instruct the reflector to mute the first subset of PRS resources, the second subset of PRS resources, or both (see, para [0114], the relay nodes 205, 206, 207 only transmit a part of the positioning reference signals and leave out parts of the positioning reference signals (i.e. leave out symbols of the reference symbol sequence). For example, some of the resource elements that would carry parts of the reference symbol sequence (e.g. according to the resource allocation illustrated in FIG. 8) are just left blank (i.e. are not used to transmit anything) such that in effect, parts of the reference symbol sequence are left out).
Regarding claims 10 and 40, Hans further discloses the method, wherein the one or more control signals instruct the reflector to reflect the first subset of PRS resources, the second subset of PRS resources, or both back to the base station ( [0121] As illustrated in FIG. 9, only five of the 16 resource elements that are used by the base stations 201, 202 for transmitting positioning reference signals are used by the relay nodes 205, 206, 207).
Claim Rejections - 35 USC § 103
6. 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
7. Claim(s) 15 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Hans in view of Yu et al. (WO2021027919)(hereafter Yu) (see corresponding US2022/0167181 for translation).
Regarding claims 15 and 45, Hans does not disclose the method, wherein the first subset of PRS resources and the second subset of PRS resources are transmitted on the same transmit beam. However, in same field of endeavor, Yu teaches [0076] a quantity of PRS resources included in the first PRS resource set is the same as a quantity of PRS resources included in the first PRS resource set, and a beam used to send the PRS resource in the first PRS resource set is the same as a beam used to send the PRS resource in the second PRS resource set. Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to combine the teachings of Yu with Hans, as a whole, so as to use the same transmit beam to send the first and second PRS resources, the motivation is to receive such positioning reference signals to determine positioning.
Allowable Subject Matter
8. Claims 1-7, 16, 18-19, 21-23, 25, 26, 28, 29,30-42, 44, 45, 46, 48, 49, 51-53, 55, 56, 58-60 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior arts, fail to explicitly disclose positioning performed by a positioning entity, comprising: obtaining a plurality of positioning measurements of one or more positioning reference signal (PRS) resources transmitted by a base station to a user equipment (UE); determining, for each positioning measurement of the plurality of positioning measurements, a first measurement corresponding to the positioning measurement, the first measurement equal to the positioning measurement; determining, for each positioning measurement of the plurality of positioning measurements, a second measurement corresponding to the positioning measurement, the second measurement having a value adjusted for a time-of-flight between the base station and a reflector within communication range of the base station and the UE; rejecting, for each positioning measurement of the plurality of positioning measurements, the first measurement or the second measurement corresponding to the positioning measurement based on which of the first measurement and the second measurement is inconsistent with remaining positioning measurements of the plurality of positioning measurements; and estimating a location of the UE based on non-rejected first or second measurements for each of the plurality of positioning measurements, render the claims allowable over prior arts.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
9. Claims 11, 12, 14, 41, 42, 44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 DHAVAL V PATEL whose telephone number is (571)270-1818. The examiner can normally be reached Monday to Friday (8:00am-4:30pm).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DHAVAL V PATEL/ Primary Examiner, Art Unit 2631
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