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 .
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 01/12/2024 as modified by the preliminary amendment filed on May 13, 2010. Claims 1-7 and 9-20 are now pending in the present application.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/12/2024 and 04/21/2026 are in compliance with the provision of 37 CFR 1.97, have been considered by the Examiner, and made of record in the application file.
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 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 1-2, 4, 12-23, 25-26, 28-31, 33-34, 36, 44-55 57-58 and 60-63 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Denis et al Patent Application No. :( US 2021/0384958 A1) hereinafter referred as Denis.
For Claim 1, Denis teaches a method of wireless communication performed by a network node, the method comprising:
determining an estimated location of a user equipment (UE) that is served by a serving base station (BS) (paragraph [0019], lines 1-8);
determining a dilution of precision (DOP) requirement with respect to the UE (paragraph [0023], lines 1-8) and (paragraph [0108], line 1);
determining at least one reconfigurable intelligent surface (RIS) that satisfies the DOP requirement with respect to the UE (paragraphs [0059]- [0060], lines 1-9), (paragraphs [0103]-[0104], lines 1-8), (paragraph [0108], line 1) and (paragraph [0155], lines 1-13); and
sending at least one configuration message to configure at least one RIS to reflect positioning reference signals to or from the UE (paragraph [0062], lines 1-8).
For Claim 2, Denis teaches the method, wherein determining the DOP requirement comprises determining the DOP requirement based on a quality of service (QoS) requirement associated with the UE (paragraph [0019], lines 1-8).
For Claim 4, Denis teaches the method, wherein determining the at least one RIS that satisfies a DOP requirement with respect to the UE comprises: identifying the at least one RIS that satisfies the DOP requirement with respect to the UE (paragraph [0155], lines 1-13).
For Claim 12, Denis teaches the method, wherein sending at least one configuration message to configure the at least one RIS to reflect positioning reference signals to or from the UE comprises sending the at least one configuration message to the at least one RIS (paragraph [0103], lines 1-8).
For Claim 13, Denis teaches the method, wherein sending at least one configuration message to configure the at least one RIS to reflect positioning reference signals to or from the UE comprises sending the at least one configuration message to a network node that controls the at least one RIS (paragraph [0018], lines 1-7).
For Claim 14, Denis teaches the method, wherein sending the at least one configuration message to a network node that controls the at least one RIS comprises sending the at least one configuration message to a base station (paragraph [0060], lines 1-9).
For Claim 15, Denis teaches the method, wherein the at least one configuration message identifies the UE (paragraph [0031], lines 1-7).
For Claim 16, Denis teaches the method, wherein the at least one configuration message indicates a location of the UE (paragraph [0031], lines 1-2).
For Claim 17, Denis teaches the method, wherein the at least one configuration message indicates a direction in which to reflect the positioning reference signals to or from the UE (paragraph [0153], lines 1-6).
For Claim 18, Denis teaches the method, wherein the at least one configuration message indicates a target accuracy level (paragraphs [0139]- [0140], lines 1-3).
For Claim 19, Denis teaches the method, further comprising sending at least one configuration message to configure the serving BS to transmit at least one positioning reference signal to the at least one RIS (paragraph [0059], lines 1-11).
For Claim 20, Denis teaches the method, further comprising receiving at least one configuration response message indicating that the at least one RIS is or is not configured to reflect positioning reference signals to or from the UE (paragraph [0120], lines 1-9).
For Claim 21, Denis teaches the method, wherein the network node comprises a location server (paragraph [0065], lines 1-4).
For Claim 22, Denis teaches a method of wireless communication performed by a user equipment (UE), the method comprising:
determining a dilution of precision (DOP) requirement with respect to the UE (paragraph [0023], lines 1-8) and (paragraph [0108], line 1); and
sending at least one configuration message to select at least one RIS that satisfies the DOP requirement with respect to the UE to reflect positioning reference signals to or from the UE (paragraph [0062], lines 1-8).
For Claim 23, Denis teaches the method, wherein determining the DOP requirement comprises determining the DOP requirement based on a quality of service (QoS) requirement associated with the UE (paragraph [0019], lines 1-8).
For Claim 25, Denis teaches the method, wherein the at least one configuration message comprises information that identifies at least one RIS that satisfies the DOP requirement with respect to the UE (paragraph [0155], lines 1-13).
For Claim 26, Denis teaches the method, 26. The method of claim 25, wherein the at least one configuration message further comprises an estimated location of the UE (paragraph [0031], lines 1-7).
For Claim 28, Denis teaches the method, wherein sending at least one configuration message comprises sending the at least one configuration message to a RIS controller that selects the at least one RIS that satisfies the DOP requirement with respect to the UE (paragraph [0155], lines 1-13).
For Claim 29, Denis teaches the method, wherein the RIS controller comprises a base station or a radio access network node (paragraph [0059], lines 1-11).
For Claim 30, Denis teaches the method, wherein the at least one configuration message comprises the DOP requirement and an estimated location of the UE (paragraph [0031], lines 1-7) and (paragraph [0155], lines 1-13).
For Claim 31, Denis teaches the method, wherein sending the at least one configuration message comprises sending the at least one configuration message to a location server (paragraph [0065], lines 1-4).
For Claim 33, Denis teaches a network node, comprising:
a memory (see fig. 3);
at least one transceiver (see fig. 3); and
at least one processor communicatively coupled to the memory and the at least one transceiver (see fig. 3), the at least one processor configured to:
determine an estimated location of a user equipment (UE) that is served by a serving base station (BS) (paragraph [0019], lines 1-8);
determine a dilution of precision (DOP) requirement with respect to the UE (paragraph [0023], lines 1-8) and (paragraph [0108], line 1);
determine at least one reconfigurable intelligent surface (RIS) that satisfies the DOP requirement with respect to the UE (paragraphs [0059]- [0060], lines 1-9), (paragraphs [0103]-[0104], lines 1-8), (paragraph [0108], line 1) and (paragraph [0155], lines 1-13); and
send, via the at least one transceiver, at least one configuration message to configure the at least one RIS to reflect positioning reference signals to or from the UE (paragraph [0062], lines 1-8).
For Claim 34, Denis teaches the network node, wherein, to determine the DOP requirement, the at least one processor is configured to determine the DOP requirement based on a quality of service (QoS) requirement associated with the UE (paragraph [0019], lines 1-8).
For Claim 36, Denis teaches the network node, wherein, to determine the at least one RIS that satisfies a DOP requirement with respect to the UE, the at least one processor is configured to: identify at least one RIS that satisfies the DOP requirement with respect to the UE (paragraph [0155], lines 1-13).
For Claim 44, Denis teaches the network node, wherein, to send at least one configuration message to configure the at least one RIS to reflect positioning reference signals to or from the UE, the at least one processor is configured to send the at least one configuration message to the at least one RIS (paragraph [0103], lines 1-8).
For Claim 45, Denis teaches the network node, wherein, to send at least one configuration message to configure the at least one RIS to reflect positioning reference signals to or from the UE, the at least one processor is configured to send the at least one configuration message to a network node that controls the at least one RIS (paragraph [0018], lines 1-7).
For Claim 46, Denis teaches the network node, wherein, to send the at least one configuration message to a network node that controls the at least one RIS, the at least one processor is configured to send the at least one configuration message to a base station (paragraph [0060], lines 1-9).
For Claim 47, Denis teaches the network node, wherein the at least one configuration message identifies the UE (paragraph [0031], lines 1-7).
For Claim 48, Denis teaches the network node, wherein the at least one configuration message indicates a location of the UE (paragraph [0031], lines 1-2).
For Claim 49, Denis teaches the network node, wherein the at least one configuration message indicates a direction in which to reflect the positioning reference signals to or from the UE (paragraph [0153], lines 1-6).
For Claim 50, Denis teaches the network node, wherein the at least one configuration message indicates a target accuracy level (paragraphs [0139]- [0140], lines 1-3).
For Claim 51, Denis teaches the network node, wherein the at least one processor is further configured to send, via the at least one transceiver, at least one configuration message to configure the serving BS to transmit at least one positioning reference signal to the at least one RIS (paragraph [0059], lines 1-11).
For Claim 52, Denis teaches the network node, wherein the at least one processor is further configured to receive, via the at least one transceiver, at least one configuration response message indicating that the at least one RIS is or is not configured to reflect positioning reference signals to or from the UE (paragraph [0120], lines 1-9).
For Claim 53, Denis teaches the network node, wherein the network node comprises a location server (paragraph [0065], lines 1-4).
For Claim 54, Denis teaches a user equipment (UE), comprising:
a memory (see fig. 3);
at least one transceiver (see fig. 3); and
at least one processor communicatively coupled to the memory and the at least one transceiver (see fig. 3), the at least one processor configured to:
determine a dilution of precision (DOP) requirement with respect to the UE (paragraph [0023], lines 1-8) and (paragraph [0108], line 1); and
send, via the at least one transceiver, at least one configuration message to select at least one RIS that satisfies the DOP requirement with respect to the UE to reflect positioning reference signals to or from the UE (paragraph [0062], lines 1-8).
For Claim 55, Denis teaches the UE, wherein, to determine the DOP requirement, the at least one processor is configured to determine the DOP requirement based on a quality of service (QoS) requirement associated with the UE (paragraph [0019], lines 1-8).
For Claim 57, Denis teaches the UE, wherein the at least one configuration message comprises information that identifies at least one RIS that satisfies the DOP requirement with respect to the UE (paragraph [0155], lines 1-13).
For Claim 58, Denis teaches the UE, wherein the at least one configuration message further comprises an estimated location of the UE (paragraph [0031], lines 1-7).
For Claim 60, Denis teaches the UE, wherein, to send at least one configuration message, the at least one processor is configured to send the at least one configuration message to a RIS controller that selects the at least one RIS that satisfies the DOP requirement with respect to the UE (paragraph [0155], lines 1-13).
For Claim 61, Denis teaches the UE, wherein the RIS controller comprises a base station or a radio access network node (paragraph [0059], lines 1-11).
For Claim 62, Denis teaches the UE, 62. The UE of claim 54, wherein the at least one configuration message comprises the DOP requirement and an estimated location of the UE (paragraph [0031], lines 1-7) and (paragraph [0155], lines 1-13).
For Claim 63, Denis teaches the UE, 63. The UE of claim 54, wherein, to send the at least one configuration message, the at least one processor is configured to send the at least one configuration message to a location server (paragraph [0065], lines 1-4).
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:
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 24, 35 and 56 are rejected under 35 U.S.C. 103 as being un-patentable over Denis et al Patent Application No. :( US 2021/0384958 A1) hereinafter referred as Denis, in view of Bennington et al US Patent No.:( US 2022/0050211 A1) hereinafter referred as Bennington.
For claim 3, Denis discloses all the subject matter of the claimed invention with the exemption of the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as recited in claim 3.
Bennington from the same or analogous art teaches the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof (paragraph [0190], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as taught by Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis.
The DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof can be modify/implemented by combining the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof with the device. This process is implemented as a hardware solution or as firmware solutions of Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis. As disclosed in Bennington, the motivation for the combination would be to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement and a timing DOP requirement where the Dilution of Precision (DOP) is a geometric factor that quantifies how the arrangement of visible satellites affects the accuracy of a GNSS position becoming more efficient and reliable for a better position location.
For claim 24, Denis discloses all the subject matter of the claimed invention with the exemption of the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as recited in claim 24.
Bennington from the same or analogous art teaches the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof (paragraph [0190], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as taught by Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis.
The DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof can be modify/implemented by combining the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof with the device. This process is implemented as a hardware solution or as firmware solutions of Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis. As disclosed in Bennington, the motivation for the combination would be to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement and a timing DOP requirement where the Dilution of Precision (DOP) is a geometric factor that quantifies how the arrangement of visible satellites affects the accuracy of a GNSS position becoming more efficient and reliable for a better position location.
For claim 35, Denis discloses all the subject matter of the claimed invention with the exemption of the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as recited in claim 35.
Bennington from the same or analogous art teaches the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof (paragraph [0190], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as taught by Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis.
The DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof can be modify/implemented by combining the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof with the device. This process is implemented as a hardware solution or as firmware solutions of Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis. As disclosed in Bennington, the motivation for the combination would be to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement and a timing DOP requirement where the Dilution of Precision (DOP) is a geometric factor that quantifies how the arrangement of visible satellites affects the accuracy of a GNSS position becoming more efficient and reliable for a better position location.
For claim 56, Denis discloses all the subject matter of the claimed invention with the exemption of the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as recited in claim 56.
Bennington from the same or analogous art teaches the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof (paragraph [0190], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof as taught by Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis.
The DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof can be modify/implemented by combining the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement, a timing DOP requirement, or combinations thereof with the device. This process is implemented as a hardware solution or as firmware solutions of Bennington into the digital data transmitting and receiving apparatus for a emergencies in a data digital communication device of Denis. As disclosed in Bennington, the motivation for the combination would be to use the DOP requirement with respect to the UE comprises a geometric DOP requirement, a horizontal DOP requirement, a vertical DOP requirement, a position DOP requirement and a timing DOP requirement where the Dilution of Precision (DOP) is a geometric factor that quantifies how the arrangement of visible satellites affects the accuracy of a GNSS position becoming more efficient and reliable for a better position location.
Allowable Subject Matter
Claims 5-11, 27, 32, 37-43, 59 and 64 are objected 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 is shown in the following table:
US-20250053868-A1
JAISAWAL; Sandeep Kumar
US-20230333198-A1
Thompson; Steven C.
US-2024027644 7-A1
BARBU; Oana-Elena
US-20230128817-A1
BENNINGTON; Jeremy Charles
US-20230121760-A1
BENNINGTON; Jeremy Charles
US-20230118232-A1
BENNINGTON; Jeremy Charles
US-20230118946-A1
BENNINGTON; Jeremy Charles
US-20220291393-A1
GUM; Arnold Jason
US-20220113365-A1
SOSNIN; Sergey
US-2021024 7519-A1
Reid; Tyler Gerald Rene
US-20210141051-A1
BOOIJ; Wilfred Edwin
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
Prosecution Insights