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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 29-30, 32-36, 41-43, 46, 57 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li (PCT/CN2021/107701, filing date of 7/21/2021) (the examiner is using EP4376508 A1 as a translated copy of PCT/CN2021/107701 and the quoted citation is of EP4376508 A1).
(1) Regarding claim 1:
Li discloses a method of wireless positioning performed by a user equipment (UE) (terminal as shown in figure 1B), comprising:
transmitting a first request assistance data message to a location server, the first request assistance data message comprising a request for first positioning assistance (step 701 in figure 7, sending an on-demand PRS request message to an LMF device, in which the on-demand PRS request message is configured to request to obtain first PRS configuration information, para. 0135);
receiving a provide assistance data message from the location server, the provide assistance data message indicating that the location server is not currently able to provide the first positioning assistance (step 702 in figure 7, determining that the LMF device is unable to provide the first PRS configuration information for the terminal based on a response message, in response to receiving the response message from the LMF device, para. 0136); and
transmitting a second request assistance data message to the location server after expiration of a reattempt time from reception of the provide assistance data message, the second request assistance data message indicating a request for second positioning assistance, wherein the first positioning assistance is not received by the UE prior to the reattempt time (step 703 in figure 7, resending the on-demand PRS request to the LMF device at least at an interval of the target duration after receiving the response message; and/or, stopping sending the on-demand PRS request in response to determining that the terminal is located in the tar et cell. For another example, when a duration from the terminal receiving the response message to the terminal leaving the target cell has not reached the target duration, the terminal may resend the on-demand PRS request message to the LMF device when a timer for the target duration expires, para. 0138-0144).
(2) Regarding claim 29:
Li discloses a user equipment (UE) (device 1200 as shown in figure 12), comprising:
a memory (memory 1204 in figure 12, para. 0170);
at least one transceiver (communication component 1218 as shown in figure 12, para. 0176); and
at least one processor communicatively coupled to the memory and the at least one transceiver (processor 1220 as shown in figure 12, para. 0169), the at least one processor configured to:
transmit, via the at least one transceiver, a first request assistance data message to a location server, the first request assistance data message comprising a request for first positioning assistance (step 701 in figure 7, sending an on-demand PRS request message to an LMF device, in which the on-demand PRS request message is configured to request to obtain first PRS configuration information, para. 0135);
receive, via the at least one transceiver, a provide assistance data message from the location server, the provide assistance data message indicating that the location server is not currently able to provide the first positioning assistance (step 702 in figure 7, determining that the LMF device is unable to provide the first PRS configuration information for the terminal based on a response message, in response to receiving the response message from the LMF device, para. 0136); and
transmit, via the at least one transceiver, a second request assistance data message to the location server after expiration of a reattempt time from reception of the provide assistance data message, the second request assistance data message indicating a request for second positioning assistance, wherein the first positioning assistance is not received by the UE prior to the reattempt time (step 703 in figure 7, resending the on-demand PRS request to the LMF device at least at an interval of the target duration after receiving the response message; and/or, stopping sending the on-demand PRS request in response to determining that the terminal is located in the tar et cell. For another example, when a duration from the terminal receiving the response message to the terminal leaving the target cell has not reached the target duration, the terminal may resend the on-demand PRS request message to the LMF device when a timer for the target duration expires, para. 0138-0144).
(3) Regarding claim 57:
LI discloses a user equipment (UE), comprising:
means for transmitting (communication component 1218 as shown in figure 12, para. 0176) a first request assistance data message to a location server, the first request assistance data message comprising a request for first positioning assistance (step 701 in figure 7, sending an on-demand PRS request message to an LMF device, in which the on-demand PRS request message is configured to request to obtain first PRS configuration information, para. 0135);
means for receiving (communication component 1218 as shown in figure 12, para. 0176) a provide assistance data message from the location server, the provide assistance data message indicating that the location server is not currently able to provide the first positioning assistance (step 702 in figure 7, determining that the LMF device is unable to provide the first PRS configuration information for the terminal based on a response message, in response to receiving the response message from the LMF device, para. 0136); and
means for transmitting (communication component 1218 as shown in figure 12, para. 0176) a second request assistance data message to the location server after expiration of a reattempt time from reception of the provide assistance data message, the second request assistance data message indicating a request for second positioning assistance, wherein the first positioning assistance is not received by the UE prior to the reattempt time (step 703 in figure 7, resending the on-demand PRS request to the LMF device at least at an interval of the target duration after receiving the response message; and/or, stopping sending the on-demand PRS request in response to determining that the terminal is located in the tar et cell. For another example, when a duration from the terminal receiving the response message to the terminal leaving the target cell has not reached the target duration, the terminal may resend the on-demand PRS request message to the LMF device when a timer for the target duration expires, para. 0138-0144).
(4) Regarding claim 30:
Li discloses all subject matter of claim 29, and further discloses each of the first positioning assistance and the second positioning assistance comprise assistance data for one or more positioning methods (both first and second positioning assistance are on demand positioning reference signal for positioning, therefore both on demand positioning reference signal are data for positioning method, para. 0135, 0137).
(5) Regarding claim 32:
LI discloses all subject matter of claim 29, and further discloses the first positioning assistance comprises a first on-demand positioning reference signal (PRS) configuration, wherein the second positioning assistance comprises a second on-demand PRS configuration (on demand positioning reference signal request message, para. 0135, 0137; the examiner interprets the on demand positioning reference signal request message as the claimed on demand PRS configuration, abstract).
(6) Regarding claim 36:
LI discloses all subject matter of claim 32, and further discloses:
the second on-demand PRS configuration is the same as the first on-demand PRS configuration (on demand positioning reference signal request message on first and second time in step 701 and 703, para. 0135, 0137), or
the second on-demand PRS configuration is different from the first on-demand PRS configuration.
(7) Regarding claim 33:
LI discloses all subject matter of claim 32, and further discloses the at least one processor is further configured to:
transmit, via the at least one transceiver, one or more parameters for the first on-demand PRS configuration in the first request assistance data message (The terminal may select one piece of PRS configuration information based on the on-demand PRS configuration information provided by the network side and send an on demand PRS request message to the LMF device, so that the LMF device provides the required PRS configuration information for the terminal based on the on-demand PRS request message, para. 0045, 0135; the examiner interprets the selection of the requested on-demand PRS configuration is indicated (parameter)); and
transmit, via the at least one transceiver, one or more parameters for the second on-demand PRS configuration in the second request assistance data message (At step 703, the on-demand PRS request is resent to the LMF device at an interval of at least the target duration after receiving the response message, para. 0138; the resend of the on-demand PRS request is resent, so the selection of the requested on-demand PRS configuration is indicated (parameter) in the resend (second) on-demand PRS configuration).
(8) Regarding claim 34:
LI discloses all subject matter of claim 32, and further discloses the at least one processor is further configured to:
receive, via the at least one transceiver, a plurality of on-demand PRS configurations that can be activated to support positioning of the UE, wherein the first on-demand PRS configuration and the second on-demand PRS configuration are each members of the plurality of on-demand PRS configurations (In order to further improve the network efficiency and the positioning accuracy, an on-demand PRS is proposed. The network may send the on-demand PRS configuration supported by itself to the terminal. The terminal may select one piece of PRS configuration information based on the on-demand PRS configuration information provided by the network side and send an on demand PRS request message to the LMF device, so that the LMF device provides the required PRS configuration information for the terminal based on the on-demand PRS request message. In the embodiments of the disclosure, the LMF device may send predefined PRS configuration information to the terminal based on an LPP message (i.e., LPP provide assistance data message) or a positioning system message. The positioning system message is sent by the LMF to the base station, which is in turn broadcast by the base station to the terminal, para. 0045).
(9) Regarding claim 41:
LI discloses all subject matter of claim 29, and further discloses the at least one processor is further configured to:
receive, via the at least one transceiver, the reattempt time in the provide assistance data message (the response message that the LMF sends to the terminal includes a target duration. In this case, the terminal may resend an on-demand PRS request message to the LMF device at an interval of at least the target duration. The LMF may reject the on-demand PRS request message from the terminal within a period of time corresponding to the target duration, para. 0081; the examiner interprets the target duration as the claimed reattempt time);
receive, via the at least one transceiver, the reattempt time from a base station in system information; or
receive, via the at least one transceiver, the reattempt time in a prior provide assistance data message received before transmission of the first request assistance data message.
(10) Regarding claim 42:
LI discloses all subject matter of claim 29, and further discloses the reattempt time is:
an absolute time (the response message that the LMF sends to the terminal includes a target duration. In this case, the terminal may resend an on-demand PRS request message to the LMF device at an interval of at least the target duration. The LMF may reject the on-demand PRS request message from the terminal within a period of time corresponding to the target duration, para. 0081; the examiner interprets the target duration as the claimed absolute time),
a number of seconds,
a number of minutes, or
a number of hours.
(11) Regarding claim 43:
LI discloses all subject matter of claim 29, and further discloses the at least one processor is further configured to:
receive, via the at least one transceiver, a second time from the location server in the provide assistance data message (target duration, para. 0081), the second time indicating a time by which the location server expects to provide the second positioning assistance to the UE (The LMF may reject the on-demand PRS request message from the terminal within a period of time corresponding to the target duration, para. 0081, since the LMF would not provide (reject) the on demand PRS request message within the target duration, the examiner interprets after the target duration, the LMF indicates a time the LMF expect to provide the second positioning assistance to the terminal).
(12) Regarding claim 46:
LI discloses all subject matter of claim 29, and further discloses the second request assistance data message indicates that the second request assistance data message is a repetition of the first request assistance data message (At step 703, the on-demand PRS request is resent to the LMF device at an interval of at least the target duration after receiving the response message, para. 0138; since it is a resent of the on-demand PRS request, so it is requesting the same on demand PRS configuration information, the examiner interprets demand the same PRS configuration information as an indication the second request assistance data message is a repetition of the first request assistance data message).
(13) Regarding claim 35:
LI discloses all subject matter of claim 35, and further discloses the at least one processor is further configured to:
receive, via the at least one transceiver, the plurality of on-demand PRS configurations from the location server in one or more provide assistance data messages (In order to further improve the network efficiency and the positioning accuracy, an on-demand PRS is proposed. The network may send the on-demand PRS configuration supported by itself to the terminal. The terminal may select one piece of PRS configuration information based on the on-demand PRS configuration information provided by the network side and send an on demand PRS request message to the LMF device, so that the LMF device provides the required PRS configuration information for the terminal based on the on-demand PRS request message. In the embodiments of the disclosure, the LMF device may send predefined PRS configuration information to the terminal based on an LPP message (i.e., LPP provide assistance data message) or a positioning system message. The positioning system message is sent by the LMF to the base station, which is in turn broadcast by the base station to the terminal, para. 0045); or
receive, via the at least one transceiver, the plurality of on-demand PRS configurations by broadcast from a base station in one or more positioning system information blocks (posSIBs).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Li (PCT/CN2021/107701, filing date of 7/21/2021) (the examiner is using EP4376508 A1 as a translated copy of PCT/CN2021/107701 and the quoted citation is of EP4376508 A1) in view of Kim (US 12,557,124 B2).
LI discloses all subject matter of claim 29, but fails to disclose the one or more positioning methods include assisted global navigation satellite system (A-GNSS), observed time-difference of arrival (OTDOA), downlink time-difference of arrival (DL-TDOA), downlink angle-of-departure (DL-AoD), multi-cell round-trip-time (RTT), enhanced cell identity (E-CID), real-time kinematic (RTK), state space representation (SSR), wireless local area network (WLAN), Bluetooth, sensors, or any combination thereof.
However, Kim discloses the LMF is connected to an enhanced serving mobile location center (E-SMLC), and the E-SMLC may enable the LMF to access an E-UTRAN. For example, the E-SMLC may enable the LMF to support observed time difference of arrival (OTDOA), which is one of positioning methods in the E-UTRAN, by using DL measurements obtained by the target UE through signals transmitted by the eNB and/or the PRS-dedicated TPs in the E-UTRAN, col. 26, lines 36-44.
It is desirable to the one or more positioning methods include observed time-difference of arrival (OTDOA) because it improves the reliability of the estimated position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of Kim in the UE of Li for the benefit of improving the reliability of the estimated position.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Li (PCT/CN2021/107701, filing date of 7/21/2021) (the examiner is using EP4376508 A1 as a translated copy of PCT/CN2021/107701 and the quoted citation is of EP4376508 A1).
LI discloses all subject matter of claim 32, but fails to explicitly disclose receive, via the at least one transceiver, a second provide assistance data message from the location server, the second provide assistance data message indicating at least that the location server activated the second on-demand PRS configuration.
However, Li discloses the terminal resend the on demand PRS request to the LMF (step 703 in figure 7), therefore it is a second request for the on-demand PRS request. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize that when the LMF is available to provide the on demand PRS configuration when it receives the resend on demand PRS request, the LMF will forward the request on demand PRS configuration to the terminal, thus satisfied the claimed limitation of the second provide assistance data message indicating at least that the location server activated the second on-demand PRS configuration for the benefit of providing assistance to the terminal for determination of the location of the terminal.
Allowable Subject Matter
Claims 38-40, and 44-45 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hasegawa et al. (US 2024/0187903 A1) discloses methods and WTRU for positioning with reduced latency in wireless communication systems.
Tsuda et al. (US 2020/0280951 A1) discloses terminal device, infrastructure equipment and methods.
Rao et al. (US 2024/0179583 A1) discloses methods and apparatus for supporting service continuity.
Baek (WO/2022/139092 A1) discloses a method by which terminal transmits and receives signals related to positioning in wireless communication system supporting sidelink, and device thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00.
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, Chieh M Fan can be reached at 571-272-3042. 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.
/SIU M LEE/Primary Examiner, Art Unit 2632 2/18/2026