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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 11, and 17 are rejected under 35 U.S.C. 101 because they are directed to an abstract idea without significantly more.
Regarding claim 1
Step 1: The claim recites the steps of a process.
Step 2A Prong 1: Claim 1 recites the limitations of transmitting measurement assistance information, using that to determine a measurement gap, and a positioning measurement. These limitations, as drafted, is a process that, under the broadest reasonable interpretation, is mere transmission and manipulation of information, and collecting data. See MPEP 2106.05(f) in Intellectual Ventures I v. Capital One Fin. Corp., 850 F.3d 1332, 121 USPQ2d 1940 (Fed. Cir. 2017) where the claims were found to be directed to the abstract idea of "collecting, displaying, and manipulating data."
Step 2A Prong 2: The judicial exception is not integrated into a practical application because the claim does not recite any additional elements that amount to significantly more than the judicial exception. Claim 1 recites the additional elements of a positioning server, a base station, and a terminal. These elements do not provide an improvement to the technology nor apply the use of a particular machine. The inclusion of these components simply link the use of the abstract idea to the environment of communication positioning and therefore do not integrate the abstract idea into a practical application.
Step 2B: The claim does not provide an inventive concept because as recited in the paragraphs above, the claim recites the additional elements of a positioning server, base station, and a terminal, which links the abstract art to the environment of communication positioning. That link does not amount to an inventive concept. The additional element of performing the manipulation of data in a pre-determined manner does not add more than insignificant extra-solution activity to the abstract idea. The additional elements taken individually and in combination do not result in the claim as a whole amounting to significantly more than an abstract idea itself. Therefore, the claim is not eligible under 35 U.S.C. 101. Claims 11 and 17 are similarly not eligible under 35 U.S.C. 101.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 10, 11, 12, 13, 14, 15, 29, 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazmi (US 20140094188 A1).
Regarding claim 1 Kazmi discloses
A positioning measurement method, performed by a positioning server, comprising: sending measurement assistance information to a serving base station of a terminal (Paragraph 0020, “Assistance data is intended to assist a wireless device or a radio node in its positioning measurements. Different sets of assistance data are typically used for different methods. The positioning assistance data is typically sent by the positioning server… For example, assistance data may be sent to an eNodeB for being further sent to the UE” where assistance data that helps a UE make measurements is tantamount to measurement assistance), wherein the measurement assistance information is used by the serving base station to determine a measurement gap of positioning measurement performed (Paragraph 0174, “According to an embodiment which involves an explicit indication by the positioning server, the radio network node, e.g., eNodeB in E-UTRAN, changes or configures the gap configuration(s) for a particular UE, where the configuration is based on the available information regarding the positioning measurements”) by the terminal by using a pre- determined manner (Paragraph 0181, “The assistance data is sent from the positioning server to the UE in order to facilitate the UE to perform the positioning measurements, e.g., RSTO in case of OTDOA or signal strength/quality measurements for enhanced cell, etc. For example in E-UTRAN, the assistance data is sent to the UE over the LPP protocol”).
Regarding claim 2 Kazmi discloses
The method according to claim 1, wherein sending measurement assistance information to the serving base station of the terminal comprises: sending a provide assistance data message carrying the measurement assistance information to the serving base station (Paragraph 0020, “Assistance data is intended to assist a wireless device or a radio node in its positioning measurements. Different sets of assistance data are typically used for different methods. The positioning assistance data is typically sent by the positioning server… For example, assistance data may be sent to an eNodeB for being further sent to the UE” where assistance data that helps a UE make measurements is tantamount to measurement assistance).
Regarding claim 10 Kazmi discloses
The method according to claim 1, wherein the method further comprising: sending a request location information message of the positioning measurement to the terminal, wherein the request location information message is used to trigger the terminal to perform the positioning measurement by using the pre-determined manner (Paragraph 0055, “the user equipment is requested to start an inter-frequency measurement for positioning”; Paragraph 0085, “a wireless device performs positioning measurements. These positioning measurements are to be used by the terminal itself, or some other network node 44 in the core network 35 (e.g., a positioning node), for determining the device's geographic position”).
Regarding claim 11 Kazmi discloses
A positioning measurement method, performed by a base station, comprising: receiving measurement assistance information sent by a positioning server (Paragraph 0020, “Assistance data is intended to assist a wireless device or a radio node in its positioning measurements. Different sets of assistance data are typically used for different methods. The positioning assistance data is typically sent by the positioning server… For example, assistance data may be sent to an eNodeB for being further sent to the UE” where assistance data that helps a UE make measurements is tantamount to measurement assistance), wherein the measurement assistance information is used by the base station to determine a measurement gap of positioning measurement performed (Paragraph 0174, “According to an embodiment which involves an explicit indication by the positioning server, the radio network node, e.g., eNodeB in E-UTRAN, changes or configures the gap configuration(s) for a particular UE, where the configuration is based on the available information regarding the positioning measurements”) by a terminal by using a pre-determined manner (Paragraph 0181, “The assistance data is sent from the positioning server to the UE in order to facilitate the UE to perform the positioning measurements, e.g., RSTO in case of OTDOA or signal strength/quality measurements for enhanced cell, etc. For example in E-UTRAN, the assistance data is sent to the UE over the LPP protocol”).
Regarding claim 12 Kazmi discloses
The method according to claim 11, wherein receiving measurement assistance information sent by the positioning server comprises: receiving a provide assistance data message carrying the measurement assistance information sent by the positioning server (Paragraph 0020, “Assistance data is intended to assist a wireless device or a radio node in its positioning measurements. Different sets of assistance data are typically used for different methods. The positioning assistance data is typically sent by the positioning server… For example, assistance data may be sent to an eNodeB for being further sent to the UE” where assistance data that helps a UE make measurements is tantamount to measurement assistance).
Regarding claim 13 Kazmi discloses
The method according to claim 11, further comprising: determining, according to the measurement assistance information, the measurement gap of the positioning measurement performed by the terminal by using the pre-determined manner (Paragraph 0174, “According to an embodiment which involves an explicit indication by the positioning server, the radio network node, e.g., eNodeB in E-UTRAN, changes or configures the gap configuration(s) for a particular UE, where the configuration is based on the available information regarding the positioning measurements”; Paragraph 0044, “Moreover, the measurement gaps to be applied by the UE are configured by the eNodeB over RRC”).
Regarding claim 14 Kazmi discloses
The method according to claim 13, further comprising: sending configuration information to the terminal, wherein the configuration information at least indicates the measurement gap (Paragraph 0174, “According to an embodiment which involves an explicit indication by the positioning server, the radio network node, e.g., eNodeB in E-UTRAN, changes or configures the gap configuration(s) for a particular UE, where the configuration is based on the available information regarding the positioning measurements”; Paragraph 0044, “Moreover, the measurement gaps to be applied by the UE are configured by the eNodeB over RRC”).
Regarding claim 15 Kazmi discloses
The method according to claim 14, wherein sending configuration information to the terminal comprises: sending a radio resource control (RRC) message carrying the configuration information to the terminal (Paragraph 0174, “According to an embodiment which involves an explicit indication by the positioning server, the radio network node, e.g., eNodeB in E-UTRAN, changes or configures the gap configuration(s) for a particular UE, where the configuration is based on the available information regarding the positioning measurements”; Paragraph 0044, “Moreover, the measurement gaps to be applied by the UE are configured by the eNodeB over RRC”).
Regarding claim 29 Kazmi discloses
A communication device, comprising: a memory; and a processor, connected to an antenna and the memory, wherein the processor is configured to execute a computer-executable instruction stored on the memory to control receiving and transmitting of the antenna, and to implement the method according to claim 1 (Paragraph 0124, “Further, those skilled in the art will appreciate that the various "circuits" described may refer to a combination of analog and digital circuits, and/or one or more processors configured with software stored in memory 58, 70, 80 and/or firmware stored in memory 58, 70, 80 that, when executed by the one or more processors, perform as described above”; Paragraph 0208, “The radio network node 81 comprises a receiver 82, a processor 83, a transmitter 84, and at least one antenna 89 and a memory 88”).
Regarding claim 30 Kazmi discloses
A non-transitory computer storage medium, storing a computer- executable instruction, wherein the computer-executable instruction is executed by a processor to implement the method according to claim 1 (Paragraph 0124, “Further, those skilled in the art will appreciate that the various "circuits" described may refer to a combination of analog and digital circuits, and/or one or more processors configured with software stored in memory 58, 70, 80 and/or firmware stored in memory 58, 70, 80 that, when executed by the one or more processors, perform as described above”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 3, 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazmi (US 20140094188 A1) in view of Lee (US 20230188288 A1).
Regarding claim 3 Kazmi discloses
The method according to claim 1, including using a predetermined manner. Kazmi does not disclose further comprising: sending request capability information of the positioning measurement to the terminal, wherein the request capability information is used to request that the terminal supports or does not support capability of performing the positioning measurement by using the pre-determined manner.
Lee discloses
Further comprising: sending request capability information of the positioning measurement to the terminal, wherein the request capability information is used to request that the terminal supports or does not support capability of performing the positioning measurement by using the pre-determined manner (Paragraph 0223, “Specifically, the LMF may transmit a request for capability information to the UE and the UE may transmit the capability information to the LMF. Here, the capability information may include information about a positioning method supportable by the LFM or the UE, information about various aspects of a particular positioning method”).
Kazmi discloses a positioning server in connection with base stations and UEs to perform a positioning process, but as a part of that process it does not disclose requesting capability information. A server or base station requesting capability information of a UE is advantageous in that the server can determine if a UE is suitable for the positioning method it wants to use so that it can choose to use another UE or switch positioning methods. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Lee to add the feature of requesting capability information so that the server can decide if it wants to use another UE or switch positioning methods.
Regarding claim 5 the combination of Kazmi and Lee discloses
The method according to claim 3 including a pre-determined manner. Kazmi does not disclose, further comprising: receiving feedback information sent by the terminal in response to the request capability information, wherein the feedback information is used to indicate that the terminal supports or does not support performing the positioning measurement by using the pre-determined manner.
Lee discloses
Further comprising: receiving feedback information sent by the terminal in response to the request capability information, wherein the feedback information is used to indicate that the terminal supports or does not support performing the positioning measurement by using the pre-determined manner (Paragraph 0223, “Specifically, the LMF may transmit a request for capability information to the UE and the UE may transmit the capability information to the LMF. Here, the capability information may include information about a positioning method supportable by the LFM or the UE, information about various aspects of a particular positioning method”).
Kazmi discloses a positioning server in connection with base stations and UEs to perform a positioning process, but as a part of that process it does not disclose requesting or receiving capability information. A server or base station requesting capability information of a UE is advantageous in that the server can determine if a UE is suitable for the positioning method it wants to use so that it can choose to use another UE or switch positioning methods. The server receiving the response of the UE informs the server so that it can make decisions. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Lee to add the feature of requesting capability information so that the server can decide if it wants to use another UE or switch positioning methods.
Regarding claim 6 the combination of Kazmi and Lee discloses
The method according to claim 5. Kazmi does not disclose wherein receiving feedback information sent by the terminal in response to the request capability information comprises: receiving a provide capability message carrying the feedback information sent by the terminal in response to the request capability information.
Lee discloses
Wherein receiving feedback information sent by the terminal in response to the request capability information comprises: receiving a provide capability message carrying the feedback information sent by the terminal in response to the request capability information (Paragraph 0223, “Specifically, the LMF may transmit a request for capability information to the UE and the UE may transmit the capability information to the LMF. Here, the capability information may include information about a positioning method supportable by the LFM or the UE, information about various aspects of a particular positioning method”).
Kazmi discloses a positioning server in connection with base stations and UEs to perform a positioning process, but as a part of that process it does not disclose requesting or receiving capability information. A server or base station requesting capability information of a UE is advantageous in that the server can determine if a UE is suitable for the positioning method it wants to use so that it can choose to use another UE or switch positioning methods. The server receiving the response of the UE informs the server so that it can make decisions. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Lee to add the feature of requesting capability information so that the server can decide if it wants to use another UE or switch positioning methods.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazmi (US 20140094188 A1) in view of Lee (US 20230188288 A1) further in view of Siomina (US 8929918 B2) [designated Siomina 918].
Regarding claim 4 the combination of Kazmi and Lee discloses
The method according to claim 3 including sending a request for capability information to the UE/terminal. Kazmi does not disclose wherein sending request capability information of the positioning measurement to the terminal comprises: sending a request capability information message carrying the request capability information of the positioning measurement to the terminal.
Siomina 918 discloses
Wherein sending request capability information of the positioning measurement to the terminal comprises: sending a request capability information message carrying the request capability information of the positioning measurement to the terminal (Column 2 lines 9-15, "The target node capability may be signaled together with the positioning request or may be requested later by the positioning server, prior to calling the positioning function. To inform the target node of network capabilities, e.g., the set of available positioning methods, the network capability information may also be communicated to the target node").
The combination of Kazmi and Lee discloses a request capability information for an UE but it does not disclose sending its own capability information along with the request. A server sending its own capability information along with a request would be advantageous in that the UE could be programed to respond to the request with only relevant information. The communication system would be more efficient as the system isn’t processing unnecessary information. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Siomina 918 to add in the step of sending a server/base station capability information with a capability information request so that an UE can reduce responding with unnecessary information.
Claim(s) 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazmi (US 20140094188 A1) in view of Lee (US 20230188288 A1) further in view of Manolakos (US 20220039056 A1).
Regarding claim 7 the combination of Kazmi and Lee discloses
The method according to claim 5. Kazmi does not disclose wherein the feedback information comprises a cell identifier of the serving base station.
Manolakos discloses
Wherein the feedback information comprises a cell identifier of the serving base station (Paragraph 0116, " For example, in an LPP call flow for OTDOA according to current design, a UE sends all NR/LTE BAND Capabilities and current serving cell information to the location server, and, in response, receives adequate assistance data from the location server" where the combination of Kazmi and Lee can insert the capability information request into the call flow).
The combination of Kazmi and Lee discloses a request capability information for an UE but it does not disclose the UE responding with its cell information along with the capability information. The UE responding with the serving cell information would be advantageous in that it will help the server decide if it wants to use the UE for the positioning process. For example, if the cell is already overloaded the server will avoid using the cell. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Manolakos to add the step of the UE identifying its serving cell in order to facilitate the server making better choices for resource allocation.
Regarding claim 8 the combination of Kazmi, Lee, and Manolakos discloses
The method according to claim 7. Kazmi does not disclose wherein the feedback information further comprises at least one of: information of the supported pre-determined manner; frequency band information of a supported frequency band; or information of supporting or not supporting the pre-determined manner.
Manolakos discloses
Wherein the feedback information further comprises at least one of: information of the supported pre-determined manner; frequency band information of a supported frequency band (Paragraph 0116, " For example, in an LPP call flow for OTDOA according to current design, a UE sends all NR/LTE BAND Capabilities and current serving cell information to the location server, and, in response, receives adequate assistance data from the location server" where the combination of Kazmi and Lee can insert the capability information request into the call flow); or information of supporting or not supporting the pre-determined manner.
Kazmi discloses a positioning server in connection with base stations and UEs to perform a positioning process, but as a part of that process it does not disclose requesting or receiving frequency band capability information. A server or base station requesting frequency band capability information of a UE is advantageous in that the server can determine if a UE is suitable for the positioning method it wants to use so that it can choose to use another UE or switch positioning methods. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Lee to add the feature of an UE sending frequency band capability information so that the server can decide if it wants to use another UE or switch positioning methods.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazmi (US 20140094188 A1) in view of Siomina (US 20130059610 A1) [designated Siomina 610].
Regarding claim 9 Kazmi discloses
The method according to claim 1. Kazmi does not disclose wherein the measurement assistance information comprises at least one of measurement reference cell configuration information or adjacent cell configuration information.
Siomina 610 discloses
Wherein the measurement assistance information comprises at least one of measurement reference cell configuration information or adjacent cell configuration information (Paragraph 0016, "To facilitate UE measurements, assistance information, also referred to as assistance data, is transmitted to the UE, which includes e.g. reference cell information, a neighbor cell list containing PCIs of neighbor cells").
Kazmi discloses sending measurement assistance data to a UE/terminal and reference cells but it does not specify sending information on reference cells. A positioning server sending reference cell information would be advantageous in that it gives the UE a cell for the position measurement where the refence cell is a known location, and it facilitates OTDOA positioning. As such it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kazmi with Siomina 610 to provide reference cell information to the UE to aid it in its position measurements or to facilitate OTDOA positioning.
Claim(s) 17, 22, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20230188288 A1) in view of Manolakos (US 20220039056 A1).
Regarding claim 17 Lee discloses
A positioning measurement method, performed by a terminal, comprising: sending feedback information to a positioning server, wherein the feedback information is used to indicate that the terminal supports or does not support performing positioning measurement by using a pre-determined manner (Paragraph 0223, “Specifically, the LMF may transmit a request for capability information to the UE and the UE may transmit the capability information to the LMF. Here, the capability information may include information about a positioning method supportable by the LFM or the UE, information about various aspects of a particular positioning method”; Paragraph 0191, “OTDOA Information Transfer. This function allows the reference source to exchange information with the LMF for the purpose of OTDOA positioning” where OTDOA is a predetermined manner). Lee does not disclose the feedback information comprises a cell identifier of a serving base station of the terminal.
Manolakos discloses
The feedback information comprises a cell identifier of a serving base station of the terminal (Paragraph 0116, " For example, in an LPP call flow for OTDOA according to current design, a UE sends all NR/LTE BAND Capabilities and current serving cell information to the location server, and, in response, receives adequate assistance data from the location server" where Lee can insert the capability information request into the call flow).
Lee discloses a request capability information for an UE but it does not disclose the UE responding with its cell information along with the capability information. The UE responding with the serving cell information would be advantageous in that it will help the server decide if it wants to use the UE for the positioning process. For example, if the cell is already overloaded the server will avoid using the cell. As such, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Lee with Manolakos to add the step of the UE identifying its serving cell in order to facilitate the server making better choices for resource allocation.
Regarding claim 22 the combination of Lee and Manolakos discloses
The method according to claim 17. Lee discloses further comprising: receiving configuration information sent by the serving base station, wherein the configuration information at least indicates a measurement gap of the positioning measurement performed by the terminal by using the pre-determined manner (Paragraph 0245, “The UE connected to the gNB may request measurement gaps to perform OTDOA measurement from a TP”); and performing the positioning measurement by using the pre-determined manner according to the measurement gap (Paragraph 0245, “The UE connected to the gNB may request measurement gaps to perform OTDOA measurement from a TP”).
Regarding claim 31 the combination of Lee and Manolakos discloses
A communication device, comprising: a memory; and a processor, connected to an antenna and the memory, wherein the processor is configured to execute a computer-executable instruction stored on the memory to control receiving and transmitting of the antenna, and to implement the method according to claim 17 (Paragraph 0021, “there is provided an apparatus configured to operate in a wireless communication system. The apparatus may include: at least one processor; and at least one memory operably coupled to the at least one processor and configured to store one or more instructions that, based on execution, cause the at least one processor to perform operations”; Paragraph 0377, “the device may include a digital signal processor (DSP)/microprocessor 210 and a radio frequency (RF) module (transceiver) 235. The DSP/microprocessor 210 is electrically coupled to the transceiver 235 and controls the transceiver 235. The device may further include … a memory device 230, an antenna 240”).
Conclusion
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/PETER DAVON DOZE/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648