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 Status and Response to Arguments
The remarks/amendment filed 2026-06-03 (“Remarks”) canceled claims 4, 11, 12, 18, and 19 and amended claims 1-3, 5, 8, 9, 13, 16, 17, and 20. Thus, claims 1-3, 5-10, 13-17, and 20 are pending.
Applicant’s arguments with respect to claims 1-3, 5-10, 13-17, and 20 (please see Remarks, pp. 7-9) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 recites, “The apparatus of claim 2, wherein the time when the positioning measurement is performed is further based on the periodicity of the measurement gap during which the positioning measurement is to be performed.” This limitation is recited in full in amended claim 1, upon which claim 3 depends. Thus, claim 3 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or 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.
Claims 1-3, 5, 9-10, 13-14, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2023/0379860 to Rao et al. (“Rao”) in view of U.S. Patent Publication No. 2022/0061122 to Bao et al. (“Bao”) and U.S. Patent Publication No. 2022/0225462 to Manolakos et al. (“Manolakos 462”).
As to claim 16 (and similarly applied to claims 1 and 9), Rao discloses a method for calculating a position measurement in a wireless network, the method comprising: detecting, by processing circuitry of a user equipment (UE), a positioning reference signal (PRS) received from a base station (gNB) during a discontinuous reception (DRX) cycle of the UE and when the UE is in a radio resource control (RRC) inactive state; and performing, by the processing circuitry, a positioning measurement based on the PRS (Rao, Fig. 9, steps 938 and 940; ¶0491). Examiner notes that Rao also discloses: an apparatus of a user equipment (UE) for calculating a position measurement in a wireless network, the apparatus comprising: a memory; and processing circuitry coupled to the memory, the processing circuitry configured to perform the method described (Fig. 1B; ¶0046 and ¶0051; see also ¶¶0556-0559); and a non-transitory computer-readable storage medium comprising instructions to cause processing circuitry of a base station (gNB), upon execution of the instructions by the processing circuitry, to perform the method described (Fig. 1D; ¶0073 and ¶0077; see also ¶¶0556-0559). Thus, claims 1 and 9 are similarly rejected.
Rao does not disclose: wherein a time when the positioning measurement is performed is based on a least common multiple between a periodicity of the PRS and a periodicity of the DRX cycle, and further based on a periodicity of a measurement gap during which the positioning measurement is to be performed.
However, Bao discloses: wherein a time when the positioning measurement is performed is based on a least common multiple between a periodicity of the PRS and a periodicity of the DRX cycle (Bao, Fig. 19 and ¶0272).
Additionally, Manolakos 462 discloses: wherein a time when the positioning measurement is performed is … based on a periodicity of a measurement gap during which the positioning measurement is to be performed (Manolakos 462, Fig. 8, step 830; ¶¶0211-0216 and ¶¶0221-0222; please also see ¶0197 and ¶0203).
Rao, Bao, and Manolakos 462 are considered to be similar to the claimed invention because they are in one or more of the same fields of: connection management, including manipulation of established connections, e.g. transitions between radio resource control [RRC] states, discontinuous transmission [DTX], and/or discontinuous reception [DRX]; arrangements affording multiple use of the transmission path, i.e. allocating subchannels; and/or locating users, terminals, or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rao to incorporate the teachings of Bao to include: wherein a time when the positioning measurement is performed is based on a least common multiple between a periodicity of the PRS and a periodicity of the DRX cycle. Doing so would "provide various technical advantages, such as improving measurement accuracy for UE position estimation" (Bao, ¶0266), reduced latency, reduced power consumption, etc. Additionally, it would be obvious to combine the teachings of Bao and Rao as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rao to incorporate the teachings of Manolakos 462 to include: wherein a time when the positioning measurement is performed is … based on a periodicity of a measurement gap during which the positioning measurement is to be performed. Doing so would provide "increased positioning performance (e.g., reduced latency, reduced power consumption, etc.) … [and] in some aspects, the UE can optimize positioning capability parameters or other operational parameters for operating while in the RRC unconnected state" (Manolakos 462, ¶0234). Additionally, it would be obvious to combine the teachings of Manolakos 462 and Rao as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
As to claim 17 (and similarly applied to claims 2 and 10), Rao in view of Bao and Manolakos 462 discloses the method of claim 16, wherein the time when the positioning measurement is performed is based on a paging cycle associated with the RRC inactive state (Rao, Fig. 9 and ¶¶0487-0491).
As to claim 3, Rao in view of Bao and Manolakos 462 discloses the apparatus of claim 2, wherein the time when the positioning measurement is performed is further based on the periodicity of the measurement gap during which the positioning measurement is to be performed (Manolakos 462, Fig. 8, step 830; ¶¶0211-0216 and ¶¶0221-0222; please also see ¶0197 and ¶0203).
As to claim 14, Rao in view of Bao and Manolakos 462 discloses the non-transitory computer-readable storage medium of claim 9, wherein execution of the instructions further causes the processing circuitry to: encode a second PRS for transmission to the UE during a second DRX cycle of the UE and when the UE is in the RRC inactive state, wherein the second PRS is associated with a second positioning measurement at a second time during the second DRX cycle (Rao, Fig. 9 and ¶¶0487-0491; "the WTRU may be (pre)configured with one or more PRS configurations comprising different parameters (e.g., periodicity, resources) which may be associated and aligned with different DRX cycles" (¶0487) and "For continuing to receive the DL PRS the WTRU may change to a different DRX cycle, which may be determined based on the PRS configuration ID and the configured mapping between the PRS configuration ID and the DRX cycle ID, for example. The WTRU may continue making measurements of the received DL PRS without transitioning to RCC connected mode … and send to the network the measurement report" (¶0490); Examiner notes that the WTRU may receive and perform positioning measurements for multiple (i.e., a second) PRS(s) associated with different (i.e., a second) DRX cycle(s)).
As to claim 20 (and similarly applied to claims 5 and 13), Rao in view of Bao and Manolakos 462 discloses the method of claim 16, wherein the periodicity of the PRS and the periodicity of the DRX cycle are different (Bao, Fig. 19 and ¶0272).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Rao in view of Bao and Manolakos 462 and further in view of U.S. Patent Publication No. 2023/0067569 to Manolakos et al. (“Manolakos 569”).
As to claim 6, Rao in view of Bao and Manolakos 462 discloses the apparatus of claim 1, wherein the processing circuitry is further configured to: detect a second PRS received from a second gNB … when the UE is in the RRC inactive state (Rao, Fig. 13: WTRU in INACTIVE state receives multiple PRS from multiple gNBs; see also Figs. 1A-D, ¶¶0033-0036 and ¶¶0073-0076).
Rao in view of Bao and Manolakos 462 does not disclose: wherein the positioning measurement is a first positioning measurement for a first frequency layer, and the second PRS received from the second gNB is on a second frequency layer during a second DRX cycle of the UE; and perform a second positioning measurement based on the second PRS.
However, Manolakos 569 discloses: wherein the positioning measurement is a first positioning measurement for a first frequency layer (Manolakos 569, Figs. 6-7, PRS 712 and/or 713; ¶¶0120-0121), and the second PRS received from the second gNB is on a second frequency layer during a second DRX cycle of the UE (Manolakos 569, Figs. 6-7, PRS 722 and/or 723; ¶¶0120-0121); and perform a second positioning measurement based on the second PRS (Manolakos 569, Fig. 7; ¶0121).
Rao, Bao, Manolakos 462, and Manolakos 569 are considered to be similar to the claimed invention because they are in one or more of the same fields of: connection management, including manipulation of established connections, e.g. transitions between radio resource control [RRC] states, discontinuous transmission [DTX], and/or discontinuous reception [DRX]; arrangements affording multiple use of the transmission path, i.e. allocating subchannels; and/or locating users, terminals, or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rao in view of Bao and Manolakos 462 to incorporate the teachings of Manolakos 569 to include: wherein the positioning measurement is a first positioning measurement for a first frequency layer, and the second PRS received from the second gNB is on a second frequency layer during a second DRX cycle of the UE; and perform a second positioning measurement based on the second PRS. Doing so would "[allow] power [to be] saved measuring positioning signals by implementing different discontinuous reception parameters, e.g., for different frequency ranges … facilitate data reception while reducing power consumption relative to multiple discontinuous reception groups while conserving power consumption … [allow] power consumption [to be] adjusted to accommodate positioning signal measurement based on one or more further criteria such as importance of positioning signal measurement and/or timing of positioning signal reception" (Manolakos 569, ¶0039). Additionally, it would be obvious to combine the teachings of Manolakos 569 and Rao as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
As to claim 7, Rao in view of Bao and Manolakos 462 and further in view of Manolakos 569 discloses the apparatus of claim 6, wherein the processing circuitry is further configured to determine a total measurement time based on the positioning measurement and the second positioning measurement (Manolakos 569, Fig. 7 and ¶0121, RSTD measurement).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Rao in view of Bao and Manolakos 462 and further in view of U.S. Patent Publication No. 2011/0158200 to Bachu et al. (“Bachu”).
As to claim 8, Rao in view of Bao and Manolakos 462 discloses the apparatus of claim 1.
Rao in view of Bao and Manolakos 462 does not disclose: wherein the time when the positioning measurement is performed is based on a maximum number of PRS resources.
However, Bachu discloses: wherein the time when the positioning measurement is performed is based on a maximum number of PRS resources (Bachu, ¶¶0050-0051).
Rao, Bao, Manolakos 462, and Bachu are considered to be similar to the claimed invention because they are in one or more of the same fields of: connection management, including manipulation of established connections, e.g. transitions between radio resource control [RRC] states, discontinuous transmission [DTX], and/or discontinuous reception [DRX]; arrangements affording multiple use of the transmission path, i.e. allocating subchannels; and/or locating users, terminals, or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rao in view of Bao and Manolakos 462 to incorporate the teachings of Bachu to include: wherein the time when the positioning measurement is performed is based on a maximum number of PRS resources. Doing so would "[simplify] detector complexity at a mobile device" (Bachu, ¶0051). Additionally, it would be obvious to combine the teachings of Bachu and Rao as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Rao in view of Bao and Manolakos 462 and further in view of U.S. Patent Publication No. 2018/0184452 to Bitra et al. (“Bitra”).
As to claim 15, Rao in view of Bao and Manolakos 462 discloses the non-transitory computer-readable storage medium of claim 14.
Rao in view of Bao and Manolakos 462 does not disclose: wherein a total measurement time associated with the UE is based on a sum of the time and the second time.
However, Bitra discloses: wherein a total measurement time associated with the UE is based on a sum of the time and the second time (Bitra, Fig. 3 and ¶¶0039-0041).
Rao, Bao, Manolakos 462, and Bitra are considered to be similar to the claimed invention because they are in one or more of the same fields of: connection management, including manipulation of established connections, e.g. transitions between radio resource control [RRC] states, discontinuous transmission [DTX], and/or discontinuous reception [DRX]; arrangements affording multiple use of the transmission path, i.e. allocating subchannels; and/or locating users, terminals, or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rao in view of Bao and Manolakos 462 to incorporate the teachings of Bitra to include: wherein a total measurement time associated with the UE is based on a sum of the time and the second time. Doing so would "provide improved location accuracy and shorter times to determining an initial location solution" (Bitra, ¶0022). Additionally, it would be obvious to combine the teachings of Bitra and Rao as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
References Cited
Bitra, Suresh Kumar et al. (2018). Avoiding collisions of positioning signals (US 2018/0184452 A1). Filed 2016-12-22.
Bachu, Raja Sekhar et al. (2011). Positioning reference signals in a telecommunication system (US 2011/0158200 A1). Filed 2010-06-29.
Bao et al. (2022). Discontinuous reception limitation condition associated with a positioning reference signal configuration (US 2022/0061122 A1). Filed 2021-07-26.
Manolakos, Alexandros et al. (2022). Radio resource control (rrc) inactive and rrc idle mode positioning configuration (US 2022/0225462 A1). Filed 2021-09-22.
Manolakos, Alexandros et al. (2023). Positioning measurement/reporting with multiple discontinuous reception groups (US 2023/0067569 A1). Filed 2021-01-27.
Rao, Jaya et al. (2023). Methods and apparatus for power-efficient positioning in wireless communication systems (US 2023/0379860 A1). Filed 2021-10-14.
Other Pertinent References
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Akkarakaran, Sony et al. (2024). On demand positioning reference signals and per band deployment aspects (US 11988760 B2). Filed 2023-04-13.
Bao, Jingchao et al. (2021). Positioning reference signal (prs) report with discontinuous reception (drx) (US 20210360733 A1). Filed 2021-05-10.
Chen, W et al. (2021). Method for supporting positioning of user equipment (ue) in wireless network, involves performing positioning measurements using processed aggregated prs, and transmitting location information based on positioning measurements (US 20210185632 A1). Filed 2020-11-24.
Cui, Jie et al. (2019). Location positioning protocol based positioning for ues in idle mode (US 20190373573 A1). Filed 2017-12-29.
Kazmi, Muhammad Ali et al. (2023). Activating positioning srs during drx inactive time (US 20230283425 A1). Filed 2021-08-02.
Manolakos, Alexandros et al. (2021). Interaction of discontinuous reception (drx) with positioning reference signal (prs) resources (US 20210050978 A1). Filed 2020-02-19.
Manolakos, Alexandros et al. (2021). Signaling details for prs stitching for positioning in a wireless network (US 20210185632 A1). Filed 2020-11-24.
Manolakos, Alexandros et al. (2023). Positioning reference signal selection for power savings (US 20230336296 A1). Filed 2021-07-13.
Manolakos, Alexandros et al. (2023). User equipment (ue) positioning for radio resource control (rrc) idle and inactive state during a positioning session (US 20230319767 A1). Filed 2021-10-14.
Si, Ye et al. (2024). Positioning method, terminal, and network-side device (US 20240031934 A1). Filed 2023-09-26.
Shimizu, Ryouichi et al. (2014). Radio base station (US 20140119310 A1). Filed 2013-01-24.
Shrivastava, Vinay Kumar et al. (2024). Method and system for provisioning radio resources for idle or inactive mode user equipment in wireless network (US 11876743 B2). Filed 2021-08-06.
Siomina, Iana (2015). Methods for configuring and performing ul measurements accounting for low-activity state configuration of the transmitting node (US 20150223085 A1). Filed 2014-02-20.
Siomina, Iana (2018). Methods for configuring and performing ul measurements accounting for low-activity state configuration of the transmitting node (US 10159005 B2). Filed 2014-02-20.
Siomina, Iana (2019). Systems and methods for controlling ue inter-frequency measurements in gaps in presence of lbt (US 20190223216 A1). Filed 2017-05-26.
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SAMUEL H LEONARD whose telephone number is (571)272-5720. The examiner can normally be reached Monday-Friday, 7am-4pm (PT).
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/SAMUEL H. LEONARD/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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