CTFR 18/578,242 CTFR 100646 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/12/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment The Amendment filed 03/12/2026 has been entered. Claims 1-3, 7-9, 14, 15, 20-22, and 27-30 have been amended. Claims 1-30 are pending in this application. Response to Arguments Applicant’s arguments filed 03/12/2026 have been fully considered but are rendered moot by the use of a new prior art reference to reject the indicated limitations. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA 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. 07-30-05 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. 07-30-06 This application includes one or more claim limitations that use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “ means for determining whether an SSB measurement is available; means for performing one or more SSB measurements, in response to a determination that the SSB is not available; and means for performing one or more PRS measurements based on the one or more SSB measurements.” in claim 27 . Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al. (US 20220322105 A1), hereinafter Ren , in view of Cha et al. (US 12108349 B2) , hereinafter Cha . For claim 1, Ren teaches an apparatus for optimizing beam selection, the apparatus comprising ([FIG. 7] terminal) : at least one transceiver ([FIG. 10] transceiver) ; at least one memory ([FIG. 10] memory) ; and at least one processor coupled to the at least one transceiver and the at least one memory and configured to ([FIG. 10] processor coupled to a transceiver and a memory) : determine whether a Synchronization Signal Block (SSB) measurement is available ([FIG. 7, Steps 1-3] and [0193-0195] SSB measurement is taken in step 3 because there is not an available SSB measurement in step one. This determination is what causes the SSB measurement to be taken in step 3.) ; in response to a determination that the SSB measurement is not available, perform one or more SSB measurements ([FIG. 7, Steps 1-3] and [0193-0195] SSB measurement is taken in step 3 because there is not an available SSB measurement in step one. This determination is what causes the SSB measurement to be taken in step 3.) ; Ren does not explicitly teach, however Cha teaches perform one or more Positioning Reference Signal (PRS) measurements using one or more PRS resources identified based on the one or more SSB measurements (at least [FIG. 29], [Abstract], [COL. 2, lines 5-20, 37-41, and 49-51], [COL. 19, lines 55-57], and [COL. 35, lines 36-65] PRS resource is determined based on an SSB measurement result, and a PRS is received based on information related the measurements of a plurality of SSBs. Further, a PRS resource for configuring a reference signal time difference (RSTD) is configured based on an SSB satisfying a condition. It is well known in the art that RSTD is used for PRS measurement.) . Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Ren for optimizing beam selection and performing an SSB measurement with the method of Cha for performing a PRS measurement based on PRS resources identified based on an SSB measurement to enable more effective UE positioning based on beams (Cha [COL 1. Line 65 – COL. 2, line 4]) . For claim 2, Ren and Cha teach claim 1. Ren further teaches wherein, to perform the one or more PRS measurements based on the one or more SSB measurements, the at least one processor is configured to: identify an SSB index based on the one or more SSB measurements ([0272] one or more first beam information reporting values includes a cell ID which can be used as a type of SSB index as it is tied to a specific cell. The cell ID, included in the first beam information reporting value, is directly related to/based on the one or more SSB measurements as it identifies the specific cell to which the SSB measurement belongs.) ; and identify one or more PRS resources based on the SSB index ([0096] Cell-specific PRS configuration information includes PRS time frequency resource) . For claim 3, Ren and Cha teach claim 2. Ren further teaches wherein the at least one processor is configured to: obtain assistance data ([FIG. 7, Step 11] and [0204] positioning server provides positioning auxiliary data (UE-specific PRS configuration)) ; and wherein identifying identify the one or more PRS resources is based on the SSB index is further based on the assistance data ([FIG. 7], [0272], and [0194] gNBs transmit cell specific SSB signal information to UE which is then used for SSB measurement. This information can be considered assistance information as it provides cell-specific information, such as a cell ID. The cell ID directly relates to the SSB index and, therefore, the PRS resources based on the index.) . For claim 4, Ren and Cha teach claim 3. Ren further teaches wherein the at least one processor is configured to: determine whether to perform SSB measurements based on the assistance data ([FIG. 7, Step 2] and [0194] gNBs transmit cell specific SSB signal information to UE which is then used for SSB measurement. This information can be considered assistance information as it provides cell-specific information (such as a cell ID)) . For claim 5, Ren and Cha teach claim 1. Ren further teaches wherein the at least one processor is configured to: determine whether a Transmission/Reception Point (TRP) is associated with one or more SSB signals that are quasi-collocated (QCL) with one or more PRS signals ([FIG. 7, Step 8] each base station acts as a TRP and is associated with SSB signals that are QCL with PRS signals) ; and in response to a determination that the one or more SSB signals are not QCL with the one or more PRS signals, perform PRS measurements for each beam received by the apparatus from the TRP ([FIGs. 6 and 8] PRS measurement occurs without QCL of SSB and PRS signals as in FIG. 7) . For claim 6, Ren and Cha teach claim 5. Ren further teaches wherein the at least one processor is configured to: transmit at least a subset of the PRS measurements performed for each beam received by the apparatus, or determine a location of the apparatus based on the subset of the PRS measurements ([FIG. 8, Steps 1-11] apparatus location determined based on PRS measurement information) . For claim 7, Ren and Cha teach claim 1. Ren further teaches wherein, to perform the one or more PRS measurements using the one or more PRS resources identified based on the one or more SSB measurements, the at least one processor is configured to: measure at least one of a downlink angle of departure, a PRS-based reference signal received power (RSRP) measurement, time of arrival of an earliest path, phase information, phase information, amplitude information, location information, or a combination thereof ([FIG. 7, Steps 14 and 16] terminal location is calculated) . For claim 8, Ren and Cha teach claim 1. Ren further teaches wherein, to perform the one or more PRS measurements using the one or more PRS resources identified based on the one or more SSB measurements, the at least one processor is configured to: send one or more location measurements based on the one or more PRS measurements to a location server ([FIG. 7 Step 15] positioning measurement value provided to positioning server) . For claim 9, Ren and Cha teach claim 1. Ren further teaches wherein, to perform the one or more PRS measurements using the one or more PRS resources identified based on the one or more SSB measurements, the at least one processor is configured to: identify a beam index for a first beam set that is directionally aligned with the apparatus ([0208] UE provides the positioning server with positioning information including the positioning measurement value in a direction of a beam with the best quality. Best quality implies the beam with the best directional alignment with the apparatus. Positioning measurement value can be considered an index for the beam) . For claim 10, Ren and Cha teach claim 9. Ren further teaches wherein the at least one processor is configured to: receive, via the at least one transceiver, a request to measure PRS resources for two or more beam sets ([FIG. 7, Steps 8-10] DLBeamSet2 configuration corresponds to the request, and DLBeamSet2 is the second downlink beam subset) ; and in response to the request to measure PRS resources for two or more beam sets, measure one or more PRS resources corresponding with a second beam set ([FIG. 7, Step 8] and [0201] beam information measurement value RSRP of the second beam set DLBeamSet2) . For claim 11, Ren and Cha teach claim 10. Ren further teaches wherein the second beam set is adjacent to the first beam set ([0218] DLBeamSet2 contains two beams for each corresponding cell) . For claim 12, Ren and Cha teach claim 10. Ren further teaches wherein the request to measure PRS resources for two or more beam sets is received from a location server ([FIG. 7, Steps 9-16] the positioning server sends a Multi_RTT request to each base station, which then, using the assistance data provided, triggers a measurement of PRS resources for the two or more beam sets.) . For claim 13, Ren and Cha teach claim 10. Ren further teaches wherein the at least one processor is configured to: measure one or more PRS resources corresponding with a third beam set, in response to the request to measure PRS resources for two or more beam sets ([0210] and [0044] measure of one or more second RSs using PRS configuration information of one or more second downlink beam sets. This implies there can be any number, greater than one, of downlink beam sets.) . For claims 14-26 , they are rejected on the same basis as claims 1-13 , respectively, with the additional limitation of a mobile device ([0077] terminals may be mobile devices such as mobile telephone). For claims 27-28 , they are rejected on the same basis as claims 1-2 , respectively. For claims 29-30 , they are rejected on the same basis as claims 1-2 , respectively, with the additional limitation of a non-transitory computer readable medium storing instructions ([0056] computer storage medium storing executable instructions) . Conclusion 07-40 AIA 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 Benjamin T. Ranew whose telephone number is (571)272-2746. 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, Ayman Abaza can be reached at (571) 270-0422. 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. /BENJAMIN T. RANEW/Examiner, Art Unit 2465 /AYMAN A ABAZA/Primary Examiner, Art Unit 2465 Application/Control Number: 18/578,242 Page 2 Art Unit: 2465 Application/Control Number: 18/578,242 Page 3 Art Unit: 2465 Application/Control Number: 18/578,242 Page 4 Art Unit: 2465 Application/Control Number: 18/578,242 Page 5 Art Unit: 2465 Application/Control Number: 18/578,242 Page 6 Art Unit: 2465 Application/Control Number: 18/578,242 Page 7 Art Unit: 2465 Application/Control Number: 18/578,242 Page 8 Art Unit: 2465 Application/Control Number: 18/578,242 Page 9 Art Unit: 2465 Application/Control Number: 18/578,242 Page 10 Art Unit: 2465 Application/Control Number: 18/578,242 Page 11 Art Unit: 2465
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