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 .
Application, submitted on 11/06/2023, has been received, entered, and made of record. Currently, claims 1-35 remain pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/06/2023 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner. However, Applicant has not provided an explanation of relevance of cited document(s).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim 33 in this application is given its broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 17-21, and 33-35 are rejected under 35 U.S.C.102(a)(2) as being anticipated by Guo US 2024/0085512 A1.
Referring to claim 1, Guo discloses a method of wireless positioning performed by a network node (fig.1, terminal device 101 and fig.2, terminal device 200), comprising:
receiving assistance data from a location server, the assistance data including at least a configuration of at least a first number of samples of a plurality of instances of a positioning reference signal (PRS) resource of a PRS resource set to use to determine at least one positioning measurement of the PRS resource for a positioning session ([0023], [0063], and [0070]) (Note: the location server indicates (through the assistance data for NR DL-AoD) to the UE a given number of samples of a positioning reference signal (PRS) resource that the UE shall use to obtain the indicated positioning measurement result of the PRS resource);
performing the at least one positioning measurement using a second number of samples of the plurality of instances of the PRS resource; and transmitting a measurement report to the location server, the measurement report including at least the at least one positioning measurement ([0019], [0063], and [0069]) (Note: the UE reports to the location server the positioning measurement results obtained with the indicated number of measurement samples and/or corresponding number of measurement samples used to obtain the measurement results which is interpreted as second number of samples).
Referring to claim 2, Guo discloses the method of claim 1, wherein the first number of samples comprises a maximum number of samples, a minimum number of samples, or both ([0064]) (Note: The location server can indicate a minimum number of measurement samples or a maximum number of measurement samples that the UE shall use to obtain the indicated positioning measurement result; or the location server can indicate both).
Referring to claim 3, Guo discloses the method of claim 1, wherein the second number of samples is reported as:
an actual number of samples used to determine the at least one positioning measurement, a number of samples of the PRS resource set, a number of samples of the PRS resource, ([0019], [0023], [0063], and [0071]-[0074]) (Note: The UE can obtain the positioning measurement results with the given number of samples (an actual number of samples or number of samples of the PRS resource) as configured by the location server and then reports one positioning measurement result and/or the number of measurement samples that is related with the reported positioning measurement results).
Referring to claim 4, Guo discloses the method of claim 1, wherein the second number of samples is reported as: a representative number of samples of the PRS resource set, a representative number of samples of the PRS resource, ([0069]-[0075]) (Note: the number of measurement samples (second number of samples) used to obtain the measurement results is reported by the UE as a representative number of samples of the PRS resource set or a representative number of samples of the PRS resource).
Referring to claim 5, Guo discloses the method of claim 4, wherein: the representative number of samples of the PRS resource set is a minimum or maximum number of samples of the PRS resource set, the representative number of samples of the PRS resource is a minimum or maximum number of samples of the PRS resource, ([0069]-[0075]) (Note: Alt2: the field nr-minNumber-Samples-RSRPMeasurement is used to specify the minimum number of measurement samples that the UE shall use to obtain on PRS RSRP measurement, and Alt3: the field nr-maxNumber-Samples-RSRPMeasurement is used to specify the maximum number of measurement samples that the UE shall use to obtain on PRS RSRP measurement).
Referring to claim 17, the same ground of rejection provided for claim 1 is applicable herein. Guo further discloses a network node (fig.2, terminal device 200), comprising:
a memory (fig.2, Memory 220); at least one transceiver; and at least one processor (fig.2, processor 210) communicatively coupled to the memory and the at least one transceiver ([0021] and [0024]) (Note: wireless communication).
Referring to claim 18, the same ground of rejection provided for claim 2 is applicable herein.
Referring to claim 19, the same ground of rejection provided for claim 3 is applicable herein.
Referring to claim 20, the same ground of rejection provided for claim 4 is applicable herein.
Referring to claim 21, the same ground of rejection provided for claim 5 is applicable herein.
Referring to claim 33, the same ground of rejection provided for claim 1 is applicable herein.
Referring to claim 34, the same ground of rejection provided for claim 2 is applicable herein.
Referring to claim 35, the same ground of rejection provided for claim 1 is applicable herein. Guo further discloses a non-transitory computer-readable medium storing computer-executable instructions ([0026] and [0096]).
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 6-7, 9, 22-23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of CATT: "Discussion on Accuracy Improvements by Mitigating UE Rx/Tx and/or gNB Rx/Tx Timing Delays", 3GPP TSGRAN WG1 #105-e, R1-2104520, 3rd Generation Partnership Project, Mobile Competence Centre, 650, Route Des Lucioles, F-06921 Sophia-Antipolis Cedex, France, Vol. RAN WG1, No. e-Meeting, 20210519-20210527, 12 May 2021, XP052010843, 21 Pages (Non Patent Literature submitted on 11/06/2023, hereinafter referred to as CATT).
Referring to claim 6, Guo discloses the method of claim 1, except wherein the measurement report further includes: a timestamp associated with the at least one positioning measurement, and a field indicating a location of the second number of samples among the plurality of instances with respect to the timestamp.
However, in the same field of endeavor, CATT discloses a concept wherein the measurement report further includes: a timestamp associated with the at least one positioning measurement, and a field indicating a location of the second number of samples among the plurality of instances with respect to the timestamp (fig.1 and P.4) (Note: when the measurement instance contains more than one DL-PRS resource set, the timestamp of the measurement instance should correspond to one time instance between the first and the last DL-PRS resource set contained by the measurement instance, where the timestamp indicates that the second number of samples are samples of the plurality of instances taken around the timestamp).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the method of Guo with a concept wherein the measurement report further includes: a timestamp associated with the at least one positioning measurement, and a field indicating a location of the second number of samples among the plurality of instances with respect to the timestamp as taught by CATT. The suggestion/motivation for doing so would have been to reduce the positioning latency.
Referring to claim 7, Guo in view of CATT discloses the method of claim 6.
CATT discloses wherein: the field indicates that the second number of samples are samples of the plurality of instances taken before the timestamp; the field indicates that the second number of samples are samples of the plurality of instances taken after the timestamp; or the field indicates that the second number of samples are samples of the plurality of instances taken around the timestamp (fig.1 and P.3) (Note: For UE MTW#1, only one measurement instance (MI#1) is configured and it contains the measurement results from one instance of DL-PRS resource set (R1), and the measurement report MR#1 contains MI#1, whose timestamp is t1. For UE MTW#2, there are two measurement instances (MI#2 and MI#3) being configured. MI#2 contains the measurement results from two instances of DL-PRS resource sets (R3&R4). MI#3 contains the measurement results from one instance of DL-PRS resource sets (R5). And the measurement report MR#2 contains MI#2 and MI#3, whose timestamp is t2 and t3, respectively).
The same motivation provided for claim 6 is applicable herein.
Referring to claim 9, Guo in view of CATT discloses the method of claim 6.
Guo discloses wherein the field is associated with: the at least one positioning measurement, the PRS resource, the PRS resource set, ([0063]) (Note: the UE can obtain the positioning measurement results with the given number of samples as configured by the location server, wherein the measurement sample can be an instance of PRS resource).
Referring to claim 22, the same ground of rejection provided for claim 6 is applicable herein.
Referring to claim 23, the same ground of rejection provided for claim 7 is applicable herein.
Referring to claim 25, the same ground of rejection provided for claim 9 is applicable herein.
Claims 14-15 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Lee et al. US 2024/0224219 A1 (hereinafter referred to as Lee).
Referring to claim 14, Guo discloses the method of claim 1.
Guo discloses wherein: the network node is a user equipment (UE) (fig.1, UE 101), and the PRS resource is a downlink PRS resource transmitted by a TRP (fig.1, TRP 103/105) ([0004], [0020], and [0092]).
Guo fails to explicitly discloses wherein the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message.
However, in the same field of endeavor, Lee discloses wherein the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message (figs.7 and 10) (Note: fig.10 illustrates an example of a protocol layer for supporting LPP message transmission; wherein in fig.7, the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message from the location server, and the measurement report is an LPP measurement report message from the target device (UE)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the method of Guo with a concept wherein the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message as taught by Lee. The suggestion/motivation for doing so would have been to improve accuracy and reduce power consumption.
Referring to claim 15, Guo discloses the method of claim 1.
Guo discloses wherein the PRS resource is a sounding reference signal (SRS) transmitted by a UE ([0003]) (Note: UE measures DL PRS resources sent from multiple different TRPs or transmits SRS resource for positioning).
Guo fails to disclose wherein the network node is a base station, the assistance data is a New Radio positioning protocol type A (NRPPa) assistance data message, the measurement report is an NRPPa measurement report message, and.
However, in the same field of endeavor, Lee discloses wherein: the network node is a base station, the assistance data is a New Radio positioning protocol type A (NRPPa) assistance data message, the measurement report is an NRPPa measurement report message (figs.7 and 11, [0207]) (Note: The NRPPa is used for information exchange between the NG-RAN node and the LMF).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the method of Guo with a concept wherein: the network node is a base station, the assistance data is a New Radio positioning protocol type A (NRPPa) assistance data message, the measurement report is an NRPPa measurement report message as taught by Lee. The suggestion/motivation for doing so would have been to enable high-precision, efficiency in positioning process.
Referring to claim 30, the same ground of rejection provided for claim 14 is applicable herein.
Referring to claim 31, the same ground of rejection provided for claim 15 is applicable herein.
Claims 16 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Keating et al. US 2022/0393820 A1 (hereinafter referred to as Keating).
Referring to claim 16, Guo discloses the method of claim 1, except wherein: the network node is a first UE, the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message, and the PRS resource is a sidelink PRS resource transmitted by a second UE.
However, in the field of endeavor, Keating discloses wherein: the network node is a first UE, the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message, and the PRS resource is a sidelink PRS resource transmitted by a second UE ([0085]-[0092]) (Note: the reference discloses wherein the network node is a first UE, the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message, and the PRS resource is a sidelink PRS resource transmitted by a second UE).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the method of Guo with a concept wherein: the network node is a first UE, the assistance data is a Long-Term Evolution (LTE) positioning protocol (LPP) assistance data message, the measurement report is an LPP measurement report message, and the PRS resource is a sidelink PRS resource transmitted by a second UE as taught by Keating. The suggestion/motivation for doing so would have been to improve positioning performance of sidelink assisted positioning.
Referring to claim 32, the same ground of rejection provided for claim 16 is applicable herein.
Allowable Subject Matter
Claims 8, 10-13, 24, and 26-29 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.
The following is a statement of reasons for the indication of allowable subject matter:
Referring to claim 8, the searched prior arts individually or combined fail to disclose or make obvious the claimed subject matter. That is, Examiner did not find any reference that discloses or would have rendered obvious: “wherein the measurement report further includes: at least one bit indicating whether the timestamp corresponds to a last sample of the second number of samples or a first sample of the second number of samples.”
Referring to claim 10, the searched prior arts individually or combined fail to disclose or make obvious the claimed subject matter. That is, Examiner did not find any reference that discloses or would have rendered obvious: “wherein: the assistance data including the configuration of at least the first number of samples comprises the assistance data including a configuration of at least the first number of samples and a third number of samples, and the assistance data further includes at least one threshold for a metric to configure the network node to use the first number of samples or the third number of samples.”
Referring to claims 11-13, it follows that the claims are inherently indicated as allowable subject matters for being depend on base claim 10.
Referring to claims 24 and 26, the same reasons provided for claims 8 and 10 are applicable herein respectively.
Referring to claims 27-29, it follows that the claims are inherently indicated as allowable subject matters for being depend on base claim 26.
Conclusion
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/MOUSTAPHA DIABY/
Primary Examiner, Art Unit 2683