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, see Page 10, line 9 to Page 12, line 4 filed 01/07/2026, with respect to the 35 U.S.C. §112 rejection of claims 48-49, 52-56, 58-64 and 66 have been fully considered but they are not persuasive. The Applicant advances three arguments against the 35 U.S.C. §112 rejection of claims 48-49, 52-56, 58-64 and 66. A restatement of each argument with Examiner’s response follows:
Argument 1: Since the term "cellular" is well understood by persons of ordinary skill in the technical field of the present Application, Applicant understands that the Examiner's rejections are based on the use of the "non" prefix for "cellular"…Applicant submits that the "plain meaning" of the "non" prefix would be well understood by a skilled person having even a rudimentary grasp of English grammar. As such, the plain meaning of the adjective "non-cellular" is "not cellular" or "other than cellular". When this well-understood adjective is applied to nouns such as "ranging signals", "ranging devices", and "positioning capabilities", the meanings of the resulting terms "non- cellular ranging signals", "non-cellular ranging devices", and "non-cellular positioning capabilities" are easily understood. (Page 10, line 9 to Page 11, line 5)
Examiner’s Response: The Examiner call’s the Applicant’s attention to the following in MPEP 2173.05 (b) II:
A claim may be rendered indefinite when a limitation of the claim is defined by reference to an object and the relationship between the limitation and the object is not sufficiently defined. That is, where the elements of a claim have two or more plausible constructions such that the examiner cannot readily ascertain positional relationship of the elements, the claim may be rendered indefinite. See, Ex parte Brummer, 12 USPQ2d 1653 (Bd. Pat. App. & Inter. 1989)
While the term “cellular” is well understood by persons of ordinary skill in the technical field of the instant application and “a person having even a rudimentary grasp of English grammar” would understand the meaning of “non”, as stated in the Office Action dated 10/01/2025, “the term “non-cellular” is not sufficiently defined by the claims and the specification does not provide a standard for ascertaining…” If the Applicant intend the term “non-cellular” to be interpreted according to the BRI standard, then the Applicant cannot also seek to act as their own lexicographer with respect to the very same term as Applicant has done by excluding GNSS technology. The specific issue is the lack of a clear objective standard to define the scope of the invention. GNSS is excluded, does that mean pseudolites are also excluded because of the positioning technique or are they included since they are terrestrial signals? GNSS is excluded, but are emerging LEO PNT systems such as TrustPoint or Xona PULSAR included because they are not GNSS systems or excluded since they are not terrestrial systems? Does LIDAR or ultrasonic ranging fall within the claimed scope of the invention or are they excluded since they are not radiofrequency? Is LORAN in or out? The claims and specification do not provide a means to discern what is meant by the term “non-cellular” according to the currently proposed redefinition by the Applicant in their disclosure. See MPEP 2173.05 (a) III
Argument 2: The independent claim preambles also reinforce this understanding by reciting "measurements of cellular radio access technology (RAT) signals and of non-cellular ranging signals," which clearly suggests that the "non-cellular ranging signals" are different than the "cellular RAT signals." MPEP 2173.02(11) ("In reviewing a claim for compliance with 35 U.S.C. 112(b) ..., the examiner must consider the claim as a whole to determine whether the claim apprises one of ordinary skill in the art of its scope.") (Page 11, line 5-10)
Examiner’s Response: See the response to Argument 1. The Applicant acknowledges they are redefining the term “non-cellular” in their specification. (Page 11, lines 12-16 and Page 11, line 20 to Page 12, line 2). Thus, the meaning of the term is based on the one presented in the specification and it fails to provide a clear objective standard defining the scope of the invention. See MPEP 2173.05 (a) III
Argument 3: Similarly, Appl. 22:24-27 describes "an example scenario" in which "the UE needing to be localized (e.g., forklift or human fitted with helmet as device) is considered capable of both non-cellular ranging and RAT-specific positioning measurements ..." The specification further clarifies this meaning by stating that "the term 'non-cellular ranging' is not intended to include GNSS [global navigation satellite system] when used herein with respect to signals, devices, or technologies." Appl. 11:2-3. (Page 11, line 11-16)
Examiner’s Response: See the response to Argument 1 above.
Argument 4: Applicant also points out that "breadth of a claim is not to be equated with indefiniteness.... A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined. " MPEP 2173.04. Even though the claim term "non-cellular ranging signals" may include a wide scope of ranging signals other than cellular RAT signals (including but not limited to UWB but excluding GNSS), this wide scope does not make the claims indefinite. In fact, it is quite easy to identify "non-cellular ranging signals" as any "ranging signal" other than cellular (or cellular RAT) and GNSS signals, and "non-cellular ranging devices" as devices that transmit such "non-cellular ranging signals" as specified in the independent claims. (Page 11, line 17 to Page 12, line 2)
Examiner’s Response: The 35 U.S.C. §112(b) rejection of the claims in the office action dated 10/01/2025 was not based on breadth nor is the rejection being maintained based on breath of the claim. The Examiner calls the Applicant’s attention to the following in MPEP 2173.03:
A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. In re Moore, 439 F.2d 1232, 1235-36, 169 USPQ 236, 239 (CCPA 1971); In re Cohn, 438 F.2d 989, 169 USPQ 95 (CCPA 1971); In re Hammack, 427 F.2d 1378, 166 USPQ 204 (CCPA 1970).
The issue at hand is the redefinition of “non-cellular” as “any ranging technique other than cellular or GNSS” this redefinition by the specification introduces significant uncertainty as to the scope of the invention.
Applicant's amendments and arguments, see Page 14, line 3 to Page 16, line 10 filed 01/07/2026, with respect to the 35 U.S.C. §103 rejection of amended claims 48, 55, 64 and 66 have been fully considered but they not persuasive. The Applicant advances three arguments against the 35 U.S.C. §103 rejection of amended claims 48, 55, 64 and 66. A restatement of each argument with Examiner’s response follows:
Argument 1: Moeglein [0059] cited by the Examiner is part of a description of Fig. 9 (at right), which "shows a method of hybrid position determination using two wireless networks for communication with a server." Although Fig. 9 and [0059] are silent about the server providing "assistance data" to the mobile station, [0059] discloses the following about operation 821: Operation 821 receives, at a mobile station, SPS signals transmitted from one or more SPS satellites and wireless signals transmitted from a plurality of wireless access points of more than one wireless network. The mobile station may use the received wireless signals from one or more wireless networks to aid in SPS signal acquisitions (e.g., to extract Doppler frequency shifts for in view satellites of the mobile station, to calibrate the local oscillator of the mobile station, to obtain a timing indicator to time stamp a measurement). (Page 14, line 3 to Page 15, line 3)
Examiner’s Response:Moeglein, Fig. 9 ([0059] FIG. 9 shows a method of hybrid position determination using two wireless networks for communication with a server according to one embodiment of the present invention.) is the method associated with the system of Fig. 4. ([0041] In FIG. 4, mobile station 407 utilizes signals in the air that are transmitted from both wireless access point 403 of wireless network A and wireless access point 405 of wireless network B for position determination. [0042] Location server 411 uses the information communicated from the mobile station and the data in the almanac servers 413 and 415 to determine the position of the mobile station.). Moeglein clearly states that the SPS signals are not required in this embodiment ([0042] Alternatively, the location server 411 may use only terrestrial range measurements (or other types of measurements such as signal strength measurements) to multiple wireless access points of multiple wireless networks to calculate the position if many (e.g. more than 3) such range measurements can be made; in this case, there is no need to obtain SPS pseudoranges or SPS ephemeris information.).
Argument 2: Moeglein's "wireless signals" do not identify "one or more non-cellular ranging devices associated with a wireless network" nor "one or more cellular RAT transmitters of the wireless network." Instead, Moeglein's "received wireless signals" are used "to aid in SPS signal acquisitions," where Moeglein [0006] defines "SPS" as "Satellite Positioning Systems (SPS), such as the Russian GLONASS system and the proposed European Galileo System" and the U.S. GPS system. In other words, Moeglein's "received wireless signals" are used for satellite signal acquisition, "e.g., to extract Doppler frequency shift for in view satellites." As discussed above, Applicant has defined the term "non-cellular ranging" to exclude global navigation satellite systems (GNSS) such as GPS, GLONASS, Galileo, etc. (Page 15, lines 4-12)
Examiner’s Response: The Applicant is neglecting the other embodiments of Moeglein which do not rely or involve SPS signals. Applicant is directed to Figure 10 and paragraph [0060] Operation 841 detects, at a mobile station, wireless signals transmitted from a wireless access point (e.g., a wireless access point that is in compliance with the IEEE 802.11 standard for wireless local area network, or other types of ground-based wireless transmitters that transmit signals with their identification information). Note that, in the present application, wireless access points do not include satellite-based transmitters.
Argument 3: Moeglein is silent about how the "one or more wireless networks "determine the "wireless signals" that are sent "to aid in SPS signal acquisitions" by the mobile station. In contrast, the independent claims specify that "the second/ first assistance data is sent after receiving the first/second measurements" from the UE and is determined by the NNF "based on the first/second measurements and the first/second assistance data" that was previously sent to the UE. Although Moeglein discloses a UE receiving "assistance data" from a server in various passages (e.g., [0006], [0044], [0061], [0062], [0064], [00666]), Moeglein is silent about the server determining this "assistance data" based on reported UE measurements and a different type of assistance data previously sent to the UE. Thomas is also silent about these features, as the Examiner correctly identified in the OA. (Page 15, line 13 to Page 16, line 10)
Examiner’s Response: Moeglein teaches a location server (Fig. 5, location server 511) and a base station almanac server (Fig. 5, base station almanac server 513) which are in communication with the UE to provide “assistance data” ([0037] the "almanac" information describing the physical characteristics of a wireless network (e.g. ID, location, and coverage area of access points)), the Applicant is directed to paragraph [0051] and Figs, 8, 10-11.
Claim Rejections - 35 USC § 112
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 48-67 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.
Regarding claims 48, 52-55, 58-61, 64 and 66, the metes and bounds of the term “non-cellular” is unclear and not readily understood. While dependent claims 49 and 56 do limit “non-cellular” to Ultra-Wideband (UWB) and the specification excludes GNSS (Specification, Page 11, lines 2-3), the term “non-cellular” is not sufficiently defined by the claims and the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. . Even if the term "non-cellular ranging" were interpreted as all ranging excluding cellular but not including GNSS, it would still include several ranging systems (e.g. LIDAR, RADAR, acoustic systems, etc.) of different physical means and ranging systems/techniques which are neither GNSS or cellular but the specification lacks an objective means to decide if there are within the scope of the claimed invention or not, i.e. pseudolites and emerging LEO PNT systems such as TrustPoint or Xona PULSAR. The teaching of the application does not extend beyond UWB ranging devices. It is apparent that departing from such devices, the person skilled in the art would be unable, on the basis of the information given in the application as filed, to extend the teaching of the invention over the whole field claimed by using routine methods of experimentation or analysis. For the purpose of examination, the examiner has interpreted “non-cellular ranging” to mean terrestrial radiofrequency technologies with established ranging techniques such as UWB, Bluetooth, Wi-Fi networks (e.g., IEEE 802 standards based wireless network such as 802.11, 802.15, 802.16, 802.19 and 802.20), but not cellular.
Claims 49, 52-54, 56 and 58-63 are also rejected based on their dependency of the defected parent claims.
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.
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) 48-49, 52-56, 58-64 and 66 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (WO 2022130361) in view of Moeglein et al. (US PG Pub 2005/0037775).
Regarding claim 48, Thomas teaches a method performed by a network node or function (NNF) (Fig. 7, network apparatus 700) configured to facilitate positioning of a user equipment (UE) (Fig. 6, user equipment apparatus 600) based on measurements of cellular radio access technology (RAT) signals ([0042] In this disclosure, solutions are presented for supporting UWB measurements to complement the RAT-independent positioning framework. The solution proposes the supported UWB positioning methods, UE positioning modes, and types of UWB measurements to be exchanged between the target-UE and the location server, e.g., LMF.) and of non-cellular ranging signals, the method comprising:
sending the following information () to the UE:
first assistance data that identifies one or more non-cellular ranging devices associated with a wireless network ([0118] In one embodiment related to UWB exchange between 3GPP entities, the UE and LMF may exchange assistance data information related to UWB positioning depending on the capabilities at each of these entities. This is applicable for both UE-based and UE-assisted positioning. Exemplary assistance data that may be transferred from LMF to UE), and
second assistance data that identifies one or more cellular RAT transmitters of the wireless network ([0082] DL-TDoA: The DL TDOA positioning method makes use of the DL RS Time Difference (“RSTD”) (and optionally DL PRS RS Received Power (“RSRP”) of DL PRS RS Received Quality (“RSRQ”)) of downlink signals received from multiple TPs, at the UE (e.g., remote unit 105).); and receiving the following information from the UE:
first measurements of non-cellular ranging signals transmitted by the one or more non-cellular ranging devices identified by the first assistance data ([0113] Table 5 indicates the exemplary supported positioning methods that enable ranging between a UWB transmitter (“TX”) and receiver (“RX”). These type of positioning techniques can be signaled to the location server, e.g., LMF in addition to the computed UE’s location using UWB or a hybrid positioning technique involving UWB localization.), and
second measurements of cellular signals transmitted by the one or more cellular RAT transmitters identified by the second assistance data ([0082] The UE measures the DL RSTD (and optionally DL PRS RSRP) of the received signals using assistance data received from the positioning server, and the resulting measurements are used along with other configuration information to locate the UE in relation to the neighboring Transmission Points (“TPs”).).
Thomas does not explicitly disclose wherein one of the following applies: the second assistance data is sent after receiving the first measurements; and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data, nor the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data as claimed.
However, Moeglein teaches hybrid wireless network positioning techniques (Abstract: Methods and apparatuses for position determination … a mobile station uses wireless signals from a plurality of wireless networks (e.g., with different air interfaces) for position determination (e.g., for data communication, for obtaining time and/or frequency information, for range measurement, for sector or altitude estimation).) including cellular ([0033] wireless phone services (e.g., cellular phone services for data, voice or both)) and non-cellular ([0033] wireless digital communication services (e.g., wireless local area networks such as Wi-Fi networks, bluetooth, ultra-wideband)) wireless networks wherein the second assistance data is sent after receiving the first measurements and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data ([0062] FIG. 12 shows another exemplary method of the inventions. In this method, a mobile station receives, in operation 901, first signals transmitted from a first wireless access point of a first wireless network. … In operation 903, at least one range measurement is determined using the first signals... In one exemplary implementation, a time of travel of the first signals from the first wireless access point to the mobile station is measured and an identification of this first wireless access point is received from the first wireless access point. In operation 905, second signals are communicated between the mobile station and a second wireless access point of a second wireless network, which is different than the first wireless network. The mobile station may, in this operation, receive the second signals from the second wireless access point. In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point. For example, the mobile station may, in operation 907, transmit the range measurements and identification information, performed in operation 903, and SPS pseudoranges, obtained by the mobile station, to the server through the second wireless access point. The identification information is used to obtain the location of the wireless access points to which range measurements (or other measurements) were obtained, and the server may then determine the position of the mobile station using at least some of the available measurements (… other measurements, to various terrestrial wireless access points). Alternatively, the mobile station may determine its position (rather than the server doing so) using the range measurements… and using information provided by the server (such as the location of the identified wireless access points in one or both of the wireless networks).), or the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data ([0064] FIG. 13 is another example of a method of the inventions. In this example, the mobile station, in operation 931, obtains an identification information of a first wireless access point of a first wireless network that is accessible (e.g. within radio communication) to the mobile station. This identification may be a MAC address (e.g. for an Ethernet local area network) or a cellular telephone base station (e.g. "cell tower") identifier. In operation 933, the mobile station transmits, through a second wireless access point of a second wireless network, the identification information to a server (e.g. a location server) during a position determination operation. In this example, the second wireless network is different than the first wireless network (e.g. different air interfaces, different service providers, etc.). Then, in operation 935, the server uses the identification information of the first wireless access point to determine the location of the first wireless access point (which may have been harvested/collected through methods described herein, such as in FIG. 14)… In another alternative to operation 935, the server may provide assistance data (e.g. the location of the first wireless access point …) to the mobile station but the server does not compute the position of the mobile station; rather, the mobile station performs the position solution using at least some of the available measurements (e.g. range measurements or other measurements relative to the wireless access points of one or all available wireless networks) and the available assistance data from the server.).
Thomas and Moeglein are both considered to be analogous to the claimed invention because they are in the same technological field of endeavor of user equipment positioning through hybrid wireless and cellular network techniques. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Thomas by including the assistance data techniques of Moeglein which allows the hybrid network to utilize the positioning measurement according to one network to facilitate/improve the measurement using the other network as noted by Moeglein, ([0034] At least one embodiment of the present invention seeks a comprehensive system which supports positioning using these disparate sources of wireless signals to determine measurements and to obtain aiding information (e.g., the position and the coverage area of an access point, …) to form a flexible and ubiquitous navigation solution. In this comprehensive system, when information about an access point (e.g., base station almanac, such as the location and coverage area of the base station) is available, it is used and may be enhanced. Where it is not, the system may automatically gather and enhance such information for the benefit of future positioning attempts.) to gain the advantage of providing design flexibility in determining which modality is best suited to the situation; and also since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 49, Thomas as modified by Moeglein teaches the method of claim 48, accordingly the rejection of claim 48 above is incorporated. Thomas further teaches wherein the non-cellular ranging signals are ultrawideband (UWB) signals ([0042] In this disclosure, solutions are presented for supporting UWB measurements to complement the RAT-independent positioning framework.).
Regarding claim 52, Thomas as modified by Moeglein teaches the method of claim 48, accordingly the rejection of claim 48 above is incorporated. Thomas further teaches the method comprising: sending to the UE a request for the UE's non-cellular positioning capabilities; and receiving from the UE a response indicating the UE's non-cellular positioning ([0006] In one embodiment, a first method includes transmitting, to a location server of a mobile wireless communication network, a set of capabilities related to ultra-wideband (“UWB”) positioning for the UE device in response to a request from the location server for the set of capabilities, the set of capabilities used to determine at least one UWB positioning method for performing UWB positioning of the UE device.), wherein the first assistance data is based on the UE's indicated non-cellular positioning capabilities of the UE ([0008] the assistance information comprising the at least one UWB positioning method for performing UWB positioning.).
Regarding claim 53, Thomas as modified by Moeglein teaches the method of claim 48, accordingly the rejection of claim 48 above is incorporated. Thomas further teaches the method comprising:
sending, to the one or more non-cellular ranging devices, respective requests for non-cellular positioning capabilities; and receiving, from the one or more non-cellular ranging devices, respective responses indicating non-cellular positioning capabilities of the respective non-cellular ranging devices ([0008] In one embodiment, a second method includes receiving, from a user equipment (“UE”) device, a set of capabilities related to ultra-wideband (“UWB”) positioning for the UE device in response to a request for the set of capabilities,),
wherein the first assistance data is based on the indicated non-cellular positioning capabilities of the non-cellular ranging devices ([0008] the assistance information comprising the at least one UWB positioning method for performing UWB positioning.).
Regarding claim 54, Thomas as modified by Moeglein teaches the method of claim 53, accordingly the rejection of claim 53 above is incorporated. Thomas further teaches the method comprising sending assignments ([0118] In one embodiment related to UWB exchange between 3GPP entities, the UE and LMF may exchange assistance data information related to UWB positioning depending on the capabilities at each of these entities. This is applicable for both UE-based and UE-assisted positioning.)of one or more of the following to the respective non-cellular ranging devices: respective device identifiers, respective non-cellular ranging signal identifiers ([0119] The location server, e.g., LMF can provide a UWB Anchor/Beacon list, which consists of all available anchor nodes in the vicinity of the target-UE to be localized including any associated identifiers differentiating the anchor nodes and corresponding channel frequency assignments.), respective transmission schedules, and respective reception schedules ([0125] These messages can be signaled via LPP signaling in coordination with the location server. In an alternate implementation where the gNB has location computation and processing capabilities, the aforementioned procedures may be signaled using RRC/MAC CE signaling.).
Regarding claim 55, Thomas teaches a method performed by a user equipment (UE) ([0110] UE-based: a. The UE performs UWB position measurements and computation of a location estimate with network assistance.) configured for positioning measurements of cellular radio access technology (RAT) signals and of non-cellular ranging signals, the method comprising:
receiving the following information from a network node or function (NNF) of a wireless network:
first assistance data that identifies one or more non-cellular ranging devices associated with the wireless network ([0119] The location server, e.g., LMF can provide a UWB Anchor/Beacon list, which consists of all available anchor nodes in the vicinity of the target-UE to be localized including any associated identifiers differentiating the anchor nodes and corresponding channel frequency assignments. In addition, the UWB Secure Service (“USS”) ID can also be shared (if available) with the target-UE since it provides secure routing feature for higher layers. In order to enable the timing-based localization methods, the location information of anchor nodes/beacons can also be provided to the target-UE.), and
second assistance data that identifies one or more cellular RAT transmitters of the wireless network ([0091] As illustrated in Figure 4, a UE 405 may receive PRS from a first gNB (“gNB 3”) 410, which is a serving gNB, and also from a neighboring second gNB (“gNB 1”) 415, and a neighboring third gNB (“gNB 2”) 420. Here, the PRS can be locally associated with a set of PRS Resources grouped under a Resource Set ID for a base station (e.g., TRP).); performing the following measurements:
first measurements of non-cellular ranging signals transmitted by the one or more non-cellular ranging devices identified by the first assistance data (); and
second measurements of signals transmitted by the one or more cellular RAT transmitters identified by the second assistance data ([0092] Similarly, UE positioning measurements such as Reference Signal Time Difference (“RSTD”) and PRS RSRP measurements are made between beams as opposed to different cells as was the case in LTE. In addition, there are additional UL positioning methods for the network to exploit to compute the target UE’s location.); and
sending the first measurements and the second measurements to the NNF ([0056] The LMF 144 receives positioning measurements or estimates from RAN 120 and the remote unit 105 (e.g., via the AMF 143) and computes the position of the remote unit 105.).
Thomas does not explicitly disclose wherein one of the following applies: the second assistance data is sent after receiving the first measurements; and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data, nor the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data as claimed.
However, Moeglein teaches hybrid wireless network positioning techniques (Abstract: Methods and apparatuses for position determination … a mobile station uses wireless signals from a plurality of wireless networks (e.g., with different air interfaces) for position determination (e.g., for data communication, for obtaining time and/or frequency information, for range measurement, for sector or altitude estimation).) including cellular ([0033] wireless phone services (e.g., cellular phone services for data, voice or both)) and non-cellular ([0033] wireless digital communication services (e.g., wireless local area networks such as Wi-Fi networks, bluetooth, ultra-wideband)) wireless networks wherein the second assistance data is sent after receiving the first measurements and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data ([0062] FIG. 12 shows another exemplary method of the inventions. In this method, a mobile station receives, in operation 901, first signals transmitted from a first wireless access point of a first wireless network. … In operation 903, at least one range measurement is determined using the first signals... In one exemplary implementation, a time of travel of the first signals from the first wireless access point to the mobile station is measured and an identification of this first wireless access point is received from the first wireless access point. In operation 905, second signals are communicated between the mobile station and a second wireless access point of a second wireless network, which is different than the first wireless network. The mobile station may, in this operation, receive the second signals from the second wireless access point. In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point. For example, the mobile station may, in operation 907, transmit the range measurements and identification information, performed in operation 903, …, to the server through the second wireless access point. The identification information is used to obtain the location of the wireless access points to which range measurements (or other measurements) were obtained, and the server may then determine the position of the mobile station using at least some of the available measurements (… other measurements, to various terrestrial wireless access points). Alternatively, the mobile station may determine its position (rather than the server doing so) using the range measurements… and using information provided by the server (such as the location of the identified wireless access points in one or both of the wireless networks).), or the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data ([0064] FIG. 13 is another example of a method of the inventions. In this example, the mobile station, in operation 931, obtains an identification information of a first wireless access point of a first wireless network that is accessible (e.g. within radio communication) to the mobile station. This identification may be a MAC address (e.g. for an Ethernet local area network) or a cellular telephone base station (e.g. "cell tower") identifier. In operation 933, the mobile station transmits, through a second wireless access point of a second wireless network, the identification information to a server (e.g. a location server) during a position determination operation. In this example, the second wireless network is different than the first wireless network (e.g. different air interfaces, different service providers, etc.). Then, in operation 935, the server uses the identification information of the first wireless access point to determine the location of the first wireless access point (which may have been harvested/collected through methods described herein, such as in FIG. 14)… In another alternative to operation 935, the server may provide assistance data (e.g. the location of the first wireless access point …) to the mobile station but the server does not compute the position of the mobile station; rather, the mobile station performs the position solution using at least some of the available measurements (e.g. range measurements or other measurements relative to the wireless access points of one or all available wireless networks) and the available assistance data from the server.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Thomas by including the assistance data techniques of Moeglein which allows the hybrid network to utilize the positioning measurement according to one network to facilitate/improve the measurement using the other network as noted by Moeglein, ([0034] At least one embodiment of the present invention seeks a comprehensive system which supports positioning using these disparate sources of wireless signals to determine measurements and to obtain aiding information (e.g., the position and the coverage area of an access point, …) to form a flexible and ubiquitous navigation solution. In this comprehensive system, when information about an access point (e.g., base station almanac, such as the location and coverage area of the base station) is available, it is used and may be enhanced. Where it is not, the system may automatically gather and enhance such information for the benefit of future positioning attempts.) to gain the advantage of providing design flexibility in determining which modality is best suited to the situation; and also since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 56, Thomas as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 55 above is incorporated. Thomas further teaches wherein the non-cellular ranging signals are ultrawideband (UWB) signals) ([0106] The present embodiments describe the details to include UWB-based positioning in the current 3GPP positioning framework as well as corresponding enhancements.).
Regarding claim 58, Thomas as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 55 above is incorporated. Thomas teaches the method further comprising:
receiving from the NNF a request for the UE's non-cellular positioning capabilities (([0134] In one embodiment regarding UWB Request and Provide Capability Information, shown in Figure 5C, a message, such as UWB-RequestCapabilities is used by the location server 503 to request (see messaging 510) UWB positioning capabilities information from a target-UE 501); and
sending to the NNF a response indicating the UE's non-cellular positioning capabilities ([0134] while an exemplary message such as UWB-ProvideCapabilites is used by the target-UE 501 to provide (see messaging 512) its UWB positioning capabilities to the location server 503.),
wherein the first assistance data is based on the UE's indicated non-cellular positioning capabilities ([0114] The positioning capabilities include support for absolute and relative positioning. The UE UWB measurements that may be exchanged with the network may broadly relate to supporting the following positioning techniques: a. Two-way ranging (“TWR”)/ Round Trip Time (“RTT”) between a UWB anchor node and the UE, which is based on the Time-of-Flight (“ToF”) of the ranging signal; i. These may include one-way ranging (“OWR”), single-sided TWR (“SS-TWR”) or double-sided TWR (“DS-TWR”) depending on the configured TWR technique. b. UWB Angle-of-Arrival/ Phase difference of arrival measurements between a UWB anchor node(s) and the UE; c. TDOA measurements between multiple UWB anchor nodes and the UE; and d. UWB Received Signal Strength (“RS SI”).).
Regarding claim 59, as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 55 above is incorporated. Thomas further teaches wherein one of the following applies:
the one or more non-cellular ranging devices are co-located with the respective one or more cellular RAT transmitters ([0115] An anchor node may also refer to either a UWB access point, distributed gNB with UWB functionality or a UE. The above positioning methods may be applicable to the previously listed positioning modes. A combination of two or positioning techniques may also be applicable, e.g., TWR together with Phase difference of Arrival may be used to obtain a location estimate in 3D space.); or the one or more non-cellular ranging devices are associated with the respective one or more cellular RAT transmitters, based on respective known location offsets ([0131] Furthermore, the UWB assistance data may include location information of the various anchor node s/beacons in a given geographic area in which the target-UE is to be absolutely or relatively localized. The location information may include latitude and longitude points and corresponding uncertainty points, e.g., as defined in TS 23.032.).
Regarding claim 60, Thomas as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 55 above is incorporated. Thomas further teaches wherein the first assistance data includes one or more of the following:
identifiers of the respective non-cellular ranging devices; identifiers of signals transmitted by the respective non-cellular ranging devices ([0149] In one embodiment, the UWB assistance information comprises UWB channel assignment information, anchor node identifiers);
locations of the respective non-cellular ranging devices ([0149] and anchor node location information); transmission schedules for the respective non-cellular ranging devices ([0121] In Table 7, the following are defined: Ranging CounterStop : A timer that terminates corresponding to an RMARKER the end of a ranging positioning message exchange. In the case, of one-way ranging the time of arrival of the RMARKER is reported.); and
transmission schedule for the UE ([0207] In one embodiment, the UWB assistance data is received at the UE device in a broadcast signal as part of positioning system information blocks (“posSIBs”) triggered by one or more of the location server and a base station.).
Regarding claim 61, Thomas as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 60 above is incorporated. Thomas further teaches the first measurements are performed on non-cellular ranging signals received according to the transmission schedules for the respective non-cellular ranging devices ([0112] It should be noted that the proposed UWB RAT-independent positioning method may be used in at least one or more combinations of either, RAT-dependent positioning methods as listed in Table 3 and Table 4, or other RAT-independent positioning methods listed above, to improve the overall location and tracking accuracy of the target-UE as part of a hybrid positioning method.); and the method further comprises transmitting one or more further non-cellular ranging signals according to the transmission schedule for the UE ([0207] In one embodiment, the UWB assistance data is received at the UE device in a broadcast signal as part of positioning system information blocks (“posSIBs”) triggered by one or more of the location server and a base station).
Regarding claim 62, Thomas as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 55 above is incorporated. Thomas further teaches wherein the second assistance data includes one or more of the following: identifiers of the respective cellular RAT transmitters; identifiers of positioning reference signals (PRS) transmitted by the respective cellular RAT transmitters ([0060] As discussed in greater detail below, the remote unit 105 receives a positioning measurement configuration 125 from the network (e.g., from the LMF 144 via RAN 120), including a positioning processing timeline for the remote unit 105 based on the remote unit’s capabilities.); locations of the respective cellular RAT transmitters ([0085] The UE measures the UE Rx-Tx measurements (and optionally DL PRS RSRP of the received signals) using assistance data received from the positioning server, and the TRPs measure the gNB Rx-Tx measurements (and optionally UL SRS-RSRP of the received signals) using assistance data received from the positioning server.); and downlink (DL) transmission schedules of the respective cellular RAT transmitters ([0082] DL-TDoA: The DL TDOA positioning method makes use of the DL RS Time Difference (“RSTD”) (and optionally DL PRS RS Received Power (“RSRP”) of DL PRS RS Received Quality (“RSRQ”)) of downlink signals received from multiple TPs, at the UE (e.g., remote unit 105). The UE measures the DL RSTD (and optionally DL PRS RSRP) of the received signals using assistance data received from the positioning server, and the resulting measurements are used along with other configuration information to locate the UE in relation to the neighboring Transmission Points (“TPs”).).
Regarding claim 63, Thomas as modified by Moeglein teaches the method of claim 55, accordingly the rejection of claim 55 above is incorporated. Thomas further teaches the method comprising determining the UE's position based on the first measurements and the second measurements ([0112] It should be noted that the proposed UWB RAT-independent positioning method may be used in at least one or more combinations of either, RAT-dependent positioning methods as listed in Table 3 and Table 4, or other RAT-independent positioning methods listed above, to improve the overall location and tracking accuracy of the target-UE as part of a hybrid positioning method. This hybrid positioning method may be triggered at the target- UE or location server and corresponding information regarding the employed positioning methods may be signaled to the corresponding node, e.g., location server, base station, or target-UE.).
Regarding claim 64, Thomas teaches a network node or function (NNF) configured to facilitate positioning of a user equipment (UE) based on measurements of cellular radio access technology (RAT) signals and of non-cellular ranging signals, the NNF comprising (Fig. 7 [0165] In one embodiment, network apparatus 700 may be one implementation of a RAN node, such as the base unit 121 and/or the RAN node 210, as described above. Furthermore, the base network apparatus 700 may include a processor 705, a memory 710, an input device 715, an output device 720, and a transceiver 725.):
communication interface circuitry ([0167] As depicted, the transceiver 725 includes at least one transmitter 730 and at least one receiver 735. Here, the transceiver 725 communicates with one or more remote units 175. Additionally, the transceiver 725 may support at least one network interface 740 and/or application interface 745.) configured to communicate with the UE and with one or more non-cellular ranging devices; and
processing circuitry operably coupled ([0168] The processor 705, in one embodiment, may include any known controller capable of executing computer-readable instructions and/or capable of performing logical operations. For example, the processor 705 may be a microcontroller, a microprocessor, a CPU, a GPU, an auxiliary processing unit, a FPGA, or similar programmable controller. In some embodiments, the processor 705 executes instructions stored in the memory 710 to perform the methods and routines described herein. The processor 705 is communicatively coupled to the memory 710, the input device 715, the output device 720, and the transceiver 725.) to the communication interface circuitry, whereby the communication interface circuitry and the processing circuitry are configured to:
sending the following information to the UE:
first assistance data that identifies one or more non-cellular ranging devices associated with a wireless network ([0171] In one embodiment, the transceiver 725 transmits, to the user equipment (“UE”) device, UWB assistance data to perform UWB positioning in response to a request for the assistance information, the assistance information comprising the at least one UWB positioning method for performing UWB positioning.), and
second assistance data that identifies one or more cellular RAT transmitters of the wireless network ([0167] Additionally, the transceiver 725 may support at least one network interface 740 and/or application interface 745. The application interface(s) 745 may support one or more APIs. The network interface(s) 740 may support 3GPP reference points, such as Uu, Nl, N2 and N3. Other network interfaces 740 may be supported, as understood by one of ordinary skill in the art.); and receiving the following information from the UE:
first measurements of non-cellular ranging signals transmitted by the one or more non-cellular ranging devices identified by the first assistance data ([0172] In one embodiment, the transceiver 725 receives, from the UE device, a UWB measurement and location information report for the UE device using the at least one UWB positioning method associated with at least one of a set of timing-based and a set of angular-based UWB measurements in response to a request from the location server for the UWB measurement and location information.), and
second measurements of cellular signals transmitted by the one or more cellular RAT transmitters identified by the second assistance data ([0169] In various embodiments, the network apparatus 700 is a RAN node (e.g., gNB) that communicates with one or more UEs, as described herein. In such embodiments, the processor 705 controls the network apparatus 700 to perform the above described RAN behaviors. When operating as a RAN node, the processor 705 may include an application processor (also known as “main processor”) which manages application-domain and operating system (“OS”) functions and a baseband processor (also known as “baseband radio processor”) which manages radio functions.).
Thomas does not explicitly disclose wherein one of the following applies: the second assistance data is sent after receiving the first measurements; and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data, nor the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data as claimed.
However, Moeglein teaches hybrid wireless network positioning techniques (Abstract: Methods and apparatuses for position determination … a mobile station uses wireless signals from a plurality of wireless networks (e.g., with different air interfaces) for position determination (e.g., for data communication, for obtaining time and/or frequency information, for range measurement, for sector or altitude estimation).) including cellular ([0033] wireless phone services (e.g., cellular phone services for data, voice or both)) and non-cellular ([0033] wireless digital communication services (e.g., wireless local area networks such as Wi-Fi networks, bluetooth, ultra-wideband)) wireless networks wherein the second assistance data is sent after receiving the first measurements and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data ([0062] FIG. 12 shows another exemplary method of the inventions. In this method, a mobile station receives, in operation 901, first signals transmitted from a first wireless access point of a first wireless network. … In operation 903, at least one range measurement is determined using the first signals... In one exemplary implementation, a time of travel of the first signals from the first wireless access point to the mobile station is measured and an identification of this first wireless access point is received from the first wireless access point. In operation 905, second signals are communicated between the mobile station and a second wireless access point of a second wireless network, which is different than the first wireless network. The mobile station may, in this operation, receive the second signals from the second wireless access point. In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point. For example, the mobile station may, in operation 907, transmit the range measurements and identification information, performed in operation 903, ... to the server through the second wireless access point. The identification information is used to obtain the location of the wireless access points to which range measurements (or other measurements) were obtained, and the server may then determine the position of the mobile station using at least some of the available measurements (… other measurements, to various terrestrial wireless access points). Alternatively, the mobile station may determine its position (rather than the server doing so) using the range measurements… and using information provided by the server (such as the location of the identified wireless access points in one or both of the wireless networks).), or the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data ([0064] FIG. 13 is another example of a method of the inventions. In this example, the mobile station, in operation 931, obtains an identification information of a first wireless access point of a first wireless network that is accessible (e.g. within radio communication) to the mobile station. This identification may be a MAC address (e.g. for an Ethernet local area network) or a cellular telephone base station (e.g. "cell tower") identifier. In operation 933, the mobile station transmits, through a second wireless access point of a second wireless network, the identification information to a server (e.g. a location server) during a position determination operation. In this example, the second wireless network is different than the first wireless network (e.g. different air interfaces, different service providers, etc.). Then, in operation 935, the server uses the identification information of the first wireless access point to determine the location of the first wireless access point (which may have been harvested/collected through methods described herein, such as in FIG. 14)… In another alternative to operation 935, the server may provide assistance data (e.g. the location of the first wireless access point …) to the mobile station but the server does not compute the position of the mobile station; rather, the mobile station performs the position solution using at least some of the available measurements (e.g. range measurements or other measurements relative to the wireless access points of one or all available wireless networks) and the available assistance data from the server.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Thomas by including the assistance data techniques of Moeglein which allows the hybrid network to utilize the positioning measurement according to one network to facilitate/improve the measurement using the other network as noted by Moeglein, ([0034] At least one embodiment of the present invention seeks a comprehensive system which supports positioning using these disparate sources of wireless signals to determine measurements and to obtain aiding information (e.g., the position and the coverage area of an access point, …) to form a flexible and ubiquitous navigation solution. In this comprehensive system, when information about an access point (e.g., base station almanac, such as the location and coverage area of the base station) is available, it is used and may be enhanced. Where it is not, the system may automatically gather and enhance such information for the benefit of future positioning attempts.) to gain the advantage of providing design flexibility in determining which modality is best suited to the situation; and also since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 66, Thomas teaches a user equipment (UE) configured ([0139] Figure 6 depicts a user equipment apparatus 600 that may be used for ultra- wideband measurements for radio access technology-independent positioning, according to embodiments of the disclosure. In various embodiments, the user equipment apparatus 600 is used to implement one or more of the solutions described above. The user equipment apparatus 600 may be one embodiment of the remote unit 105 and/or the UE 205, described above. Furthermore, the user equipment apparatus 600 may include a processor 605, a memory 610, an input device 615, an output device 620, and a transceiver 625.) to perform positioning measurements of cellular radio access technology (RAT) signals and of non-cellular ranging signals, the UE comprising:
communication interface circuitry configured to communicate with a wireless network and to receive the non-cellular ranging signals and the cellular RAT signals ([0145] In one embodiment, the transceiver 625 transmits, to the location server, a UWB measurement and location information report for the UE device using the at least one UWB positioning method associated with at least one of a set of timing-based and a set of angular-based UWB measurements in response to a request from the location server for the UWB measurement and location information.); and
processing circuitry ([0161] The transceiver 625 communicates with one or more network functions of a mobile communication network via one or more access networks. The transceiver 625 operates under the control of the processor 605 to transmit messages, data, and other signals and also to receive messages, data, and other signals. For example, the processor 605 may selectively activate the transceiver 625 (or portions thereof) at particular times in order to send and receive messages.) operably coupled to the communication interface circuitry, whereby the communication interface circuitry and the processing circuitry are configured to:
receiving the following information from a network node or function (NNF) of a wireless network:
first assistance data that identifies one or more non-cellular ranging devices associated with the wireless network ([0145] In one embodiment, the transceiver 625 receives, from the location server, UWB assistance data to perform UWB positioning in response to a request for the assistance information, the assistance information comprising the at least one UWB positioning method for performing UWB positioning.), and
second assistance data that identifies one or more cellular RAT transmitters of the wireless network ([0162] The transceiver 625 includes at least transmitter 630 and at least one receiver 635. One or more transmitters 630 may be used to provide UL communication signals to a base unit 121, such as the UL transmissions described herein. Similarly, one or more receivers 635 may be used to receive DL communication signals from the base unit 121, as described herein.); performing the following measurements:
first measurements of non-cellular ranging signals transmitted by the one or more non-cellular ranging devices identified by the first assistance data ([0145] In one embodiment, the transceiver 625 transmits, to the location server, a UWB measurement and location information report for the UE device using the at least one UWB positioning method associated with at least one of a set of timing-based and a set of angular-based UWB measurements in response to a request from the location server for the UWB measurement and location information.); and
second measurements of signals transmitted by the one or more cellular RAT transmitters identified by the second assistance data ([0153] In one embodiment, the transceiver 625 transmits ranging measurements according to the received positioning mode to the location server, the supported ranging measurements comprising at least one selected from the group of timestamp, ranging counter, ranging offset, angle-of-arrival support indication, angle-of-arrival azimuth, angle-of-arrival elevation, received signal strength indicator.); and
sending the first measurements and the second measurements to the NNF ([0145] In one embodiment, the transceiver 625 transmits, to the location server, a UWB measurement and location information report for the UE device using the at least one UWB positioning method associated with at least one of a set of timing-based and a set of angular-based UWB measurements in response to a request from the location server for the UWB measurement and location information.).
Thomas does not explicitly disclose wherein one of the following applies: the second assistance data is sent after receiving the first measurements; and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data, nor the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data as claimed.
However, Moeglein teaches hybrid wireless network positioning techniques (Abstract: Methods and apparatuses for position determination … a mobile station uses wireless signals from a plurality of wireless networks (e.g., with different air interfaces) for position determination (e.g., for data communication, for obtaining time and/or frequency information, for range measurement, for sector or altitude estimation).) including cellular ([0033] wireless phone services (e.g., cellular phone services for data, voice or both)) and non-cellular ([0033] wireless digital communication services (e.g., wireless local area networks such as Wi-Fi networks, bluetooth, ultra-wideband)) wireless networks wherein the second assistance data is sent after receiving the first measurements and the method further comprises determining the second assistance data based on the received first measurements and the first assistance data ([0062] FIG. 12 shows another exemplary method of the inventions. In this method, a mobile station receives, in operation 901, first signals transmitted from a first wireless access point of a first wireless network. … In operation 903, at least one range measurement is determined using the first signals... In one exemplary implementation, a time of travel of the first signals from the first wireless access point to the mobile station is measured and an identification of this first wireless access point is received from the first wireless access point. In operation 905, second signals are communicated between the mobile station and a second wireless access point of a second wireless network, which is different than the first wireless network. The mobile station may, in this operation, receive the second signals from the second wireless access point. In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point. For example, the mobile station may, in operation 907, transmit the range measurements and identification information, performed in operation 903, ... to the server through the second wireless access point. The identification information is used to obtain the location of the wireless access points to which range measurements (or other measurements) were obtained, and the server may then determine the position of the mobile station using at least some of the available measurements (… other measurements, to various terrestrial wireless access points). Alternatively, the mobile station may determine its position (rather than the server doing so) using the range measurements… and using information provided by the server (such as the location of the identified wireless access points in one or both of the wireless networks).), or the first assistance data is sent after receiving the second measurements and the method further comprises determining the first assistance data based on the received second measurements and the second assistance data ([0064] FIG. 13 is another example of a method of the inventions. In this example, the mobile station, in operation 931, obtains an identification information of a first wireless access point of a first wireless network that is accessible (e.g. within radio communication) to the mobile station. This identification may be a MAC address (e.g. for an Ethernet local area network) or a cellular telephone base station (e.g. "cell tower") identifier. In operation 933, the mobile station transmits, through a second wireless access point of a second wireless network, the identification information to a server (e.g. a location server) during a position determination operation. In this example, the second wireless network is different than the first wireless network (e.g. different air interfaces, different service providers, etc.). Then, in operation 935, the server uses the identification information of the first wireless access point to determine the location of the first wireless access point (which may have been harvested/collected through methods described herein, such as in FIG. 14)… In another alternative to operation 935, the server may provide assistance data (e.g. the location of the first wireless access point …) to the mobile station but the server does not compute the position of the mobile station; rather, the mobile station performs the position solution using at least some of the available measurements (e.g. range measurements or other measurements relative to the wireless access points of one or all available wireless networks) and the available assistance data from the server.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Thomas by including the assistance data techniques of Moeglein which allows the hybrid network to utilize the positioning measurement according to one network to facilitate/improve the measurement using the other network as noted by Moeglein, ([0034] At least one embodiment of the present invention seeks a comprehensive system which supports positioning using these disparate sources of wireless signals to determine measurements and to obtain aiding information (e.g., the position and the coverage area of an access point, …) to form a flexible and ubiquitous navigation solution. In this comprehensive system, when information about an access point (e.g., base station almanac, such as the location and coverage area of the base station) is available, it is used and may be enhanced. Where it is not, the system may automatically gather and enhance such information for the benefit of future positioning attempts.) to gain the advantage of providing design flexibility in determining which modality is best suited to the situation; and also since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
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.
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 JOHN BS ABRAHAM whose telephone number is (571)272-4145. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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, Jack Keith can be reached at (571)272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JBSA/Examiner, Art Unit 3646 /JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646