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 .
Response to Amendment
This Action is in response to Applicant’s Amendment filed on July 27, 2026. Claims 1-6, 8, 10-11, 13-14, 16, 23, 26, 36, 37 and 39 are still pending in the present application. This Action is made FINAL.
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.
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.
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.
Claims 1-6, 8, 10-11, 13-14, 16, 23, 26, 36, 37 and 39 are rejected under 35 U.S.C. 103(a) as being unpatentable over Wang et al (WO 2022/015965) in view of Duan et al (US Pat. Pub. No. 2022/0107384).
Regarding claim 1, Wang et al discloses a position measurement method, performed by a signal adjustment apparatus (paragraph 31 and fig. 3 [APD, 180] discloses determines position of UE using APDs), comprising: receiving a target reference signal from a transmitting apparatus (paragraph 41 discloses APD 181 receives signal ray from base station 120) and sending the target reference signal to a receiving apparatus using a corresponding one of a plurality of target codebook (paragraph 41 discloses APD 181 transforms the signal ray and directs signal ray to UE 110), wherein each of the plurality of target codebooks with a target beam different from each other is used to adjust a beam of a signal received by the signal adjustment apparatus to the target beam corresponding to the target codebook (paragraph 41 and fig. 4A discloses APD 181 transforms the signal), and a signal characteristic of the target reference signal is used to determine a position of the receiving apparatus relative to the signal adjustment apparatus (paragraph 45 discloses base station to determine the position of UE); and wherein the terminal device is the transmitting apparatus or the receiving apparatus (paragraph 45).
Wang et al specifically does not disclose wherein the receiving apparatus is configured to detect a phase of a main lobe of the target reference signal configured to determine a position of a terminal device relative to the signal adjustment apparatus.
However, Duan et al from the same or similar fields of endeavor teaches wherein the receiving apparatus is configured to detect a phase of a main lobe of the target reference signal configured to determine a position of a terminal device relative to the signal adjustment apparatus (see at least paragraphs 110 and 115).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify to incorporate above mention feature as taught by Duan et al into the system of Wang et al for purpose of determining to track one or more objects detected in the scanning phase.
Regarding claim 2, Wang et al the signal adjustment apparatus comprises a plurality of first codebooks, and the target codebook is one of the plurality of first codebooks (paragraph 46).
Regarding claim 3, Wang et al receiving codebook indication information, wherein the codebook indication information comprises at least one of the following information: a codebook index; beam spacing between adjacent target beams, wherein the target beams are a plurality of beams corresponding to the plurality of first codebooks; a number of the target beams; or measurement orientation indication information (paragraph 46).
Regarding claim 4, Wang et al the receiving apparatus is a base station; and the receiving a target reference signal from a transmitting apparatus and sending the target reference signal to a receiving apparatus using a corresponding one of a plurality of target codebook comprises: receiving the target reference signal from a transmitting apparatus and sending the target reference signal to the receiving apparatus using the target codebook, such that the receiving apparatus determines a position of the transmitting apparatus relative to the signal adjustment apparatus based on the signal characteristic of the detected target reference signal (paragraph 41).
Regarding claim 5, Wang et al the receiving apparatus is a terminal device; and the receiving a target reference signal from a transmitting apparatus and sending the target reference signal to a receiving apparatus using a corresponding one of a plurality of target codebook comprises: receiving the target reference signal and sending the target reference signal to the receiving apparatus using the target codebook, such that the receiving apparatus sends a target measurement signal to the transmitting apparatus to determine the position of the receiving apparatus relative to the signal adjustment apparatus, wherein the target measurement signal is obtained by the receiving apparatus according to the signal characteristic of the target reference signal (paragraph 53).
Regarding claim 6, Wang et al the receiving a target reference signal and sending the target reference signal from a transmitting apparatus to a receiving apparatus using a corresponding one of a plurality of target codebook comprises: receiving the target reference signal in a target slot, and sending the target reference signal to the receiving apparatus using one of the plurality of first codebooks as the target codebook; and wherein the position measurement method further comprises: receiving signal indication information configured to instruct a transmitting apparatus to send the target reference signal in the target slot (paragraph 50).
Regarding claim 8, Wang et al weights of the plurality of first codebooks in an elevation dimension are identical; or weights of the plurality of first codebooks in the azimuth dimension are identical; or the plurality of first codebooks comprise two parts of first codebooks, weights of a first part of first codebooks in the azimuth dimension are identical, and weights of a second part of first codebooks in an elevation dimension are identical (paragraphs 84-85).
Regarding claim 10, Wang et al the plurality of first codebooks comprise a pair of identical first codebooks for Doppler compensation (paragraph 30).
Regarding claim 11, Wang et al the signal adjustment apparatus is a reconfigurable intelligent surface with at least one array element, and the sending the target reference signal to a receiving apparatus using a corresponding one of a plurality of target codebook comprises: adjusting the at least one array element according to the target codebook, such that the reconfigurable intelligent surface sends the target reference signal to the receiving apparatus using a target beam corresponding to the target codebook (paragraph 41).
Regarding claim 13, Wang et al a position measurement method, performed by a receiving apparatus (paragraph 28 and fig. 3 [UE, 110]), comprising: receiving a target reference signal, wherein the target reference signal is received by a signal adjustment apparatus (paragraph 31 and fig. 3 [APD, 180] fig. 4 [APDs 181]) from a transmitting apparatus (paragraph 41 discloses APD 181 receives by APD a signal ray from base station 120) and sent to the receiving apparatus using a corresponding one of a plurality of target codebook (paragraph 41 discloses APD 181 transforms the signal ray and directs signal ray to UE 110), and each of the plurality of target codebooks with a target beam different from each other is used by the signal adjustment apparatus to adjust a beam of a received signal to the target beam corresponding to the target codebook (paragraph 41 and fig. 4A discloses APD 181 transforms the signal); and determining a position of the transmitting apparatus relative to the signal adjustment apparatus based on a signal characteristic of the detected target reference signal (paragraph 45 discloses base station to determine the position of UE).
Wang et al specifically does not disclose determining a position of the transmitting apparatus relative to the signal adjustment apparatus based on a phase of a main lobe of the detected target reference signal in response to the transmitting apparatus being a terminal.
However, Duan et al from the same or similar fields of endeavor teaches determining a position of the transmitting apparatus relative to the signal adjustment apparatus based on a phase of a main lobe of the detected target reference signal in response to the transmitting apparatus being a terminal (see at least paragraphs 110 and 115).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify to incorporate above mention feature as taught by Duan et al into the system of Wang et al for purpose of determining to track one or more objects detected in the scanning phase.
Regarding claim 14, Wang et al sending codebook indication information to the signal adjustment apparatus, wherein the codebook indication information comprises at least one of the following information: a codebook index; beam spacing between adjacent target beams, wherein the target beams are a plurality of beams corresponding to a plurality of first codebooks, and the plurality of first codebooks are configured by the signal adjustment apparatus; a number of the target beams; or measurement orientation indication information (paragraph 46).
Regarding claim 16, Wang et al sending signal indication information to the signal adjustment apparatus, wherein the signal indication information is configured to instruct the transmitting apparatus to send the target reference signal in a target slot (paragraph 41).
Regarding claim 23, Wang et al a position measurement method, performed by a transmitting apparatus (paragraph 28 and fig. 3 [base station, 120]), the comprising: sending a target reference signal to a signal adjustment apparatus (paragraph 31 and fig. 3 [APD, 180] fig. 4 [APDs 181]) such that the signal adjustment apparatus sends the target reference signal to a receiving apparatus using a target codebook (paragraph 41 discloses APD 181 transforms the signal ray and directs signal ray to UE 110), wherein each of the target codebooks with a target beam different from each other is used by the signal adjustment apparatus to adjust a beam of a received signal to the target beam corresponding to the target codebook (paragraph 41 and fig. 4A discloses APD 181 transforms the signal); receiving a target measurement signal sent by the receiving apparatus, wherein the target measurement signal is obtained by the receiving apparatus according to a signal characteristic of the target reference signal (paragraphs 44-45 base station receives identifier of wireless signal from UE); and determining a position of the receiving apparatus relative to the signal adjustment apparatus according to the target measurement signal (paragraph 45 discloses base station to determine the position of UE).
Wang et al specifically does not disclose determining a position of the transmitting apparatus relative to the signal adjustment apparatus based on a phase of a main lobe of the target reference signal in response to the transmitting apparatus being a terminal.
However, Duan et al from the same or similar fields of endeavor teaches determining a position of the transmitting apparatus relative to the signal adjustment apparatus based on a phase of a main lobe of the target reference signal in response to the transmitting apparatus being a terminal (see at least paragraphs 110 and 115).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify to incorporate above mention feature as taught by Duan et al into the system of Wang et al for purpose of determining to track one or more objects detected in the scanning phase.
Regarding claim 26, Wang et al sending signal indication information to the signal adjustment apparatus such that the signal adjustment apparatus sends, according to the signal indication information, the target reference signal to the receiving apparatus using the target codebook in a target slot (paragraph 41).
Regarding claim 36, Wang et al a signal adjustment apparatus, comprising: a memory, a processor, and a computer program stored in the memory and executable by the processor, wherein the computer program, when executed by the processor, causes the processor to perform the position measurement method of claim 1 (see above rejection of claim 1).
Regarding claim 37, Wang et al a base station, comprising: a memory, a processor, and a computer program stored in the memory and executable by the processor, wherein the computer program, when executed by the processor, causes the processor to perform the position measurement method of claim 13 (see above rejection of claim 13).
Regarding claim 39, Wang et al a non-transitory computer-readable storage medium, storing computer-executable instructions configured to cause a computer to perform the position measurement method of claim 1 (see above rejection of claim 1).
Allowable Subject Matter
Claims 20 and 30 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.
Response to Arguments
Applicant's arguments, filed on July 27, 2026, with respect to claims 1, 13 and 23 have been considered but are moot in view of the new ground(s) of rejection, necessitated by applicant’s amendment. See the above rejection of claims 1-6, 8, 10-11, 13-14, 16, 23, 26, 36, 37 and 39 for the relevant citations found in Wang et al and Duan et al disclosing the limitations.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LITON MIAH whose telephone number is (571)270-3124. The examiner can normally be reached Mon - Fri 7:30am -5:00pm.
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, 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.
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.
/LITON MIAH/Primary Examiner, Art Unit 2642
Prosecution Insights