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 .
Information Disclosure Statement
The information disclosure statement (IDS) has considered and placed of record in file.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless 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: “a reception unit that receives information of a location metadata….” in claims 1 and 3.
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. See para [0020], reception unit, 31.
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 Objections
Claim 7 is objected to because of the following informalities: regarding claim 7, line 3, “” should be changed to –--. Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Raghavan et al. (US2018/0115358) (hereafter Raghavan).
Regarding claims 1, 4 and 8, Raghavan discloses a communication control device comprising: a reception unit that receives information of a location metadata source from a communication terminal in an arbitrary area (see, para [0144], UE generate report , including metric values, GPS information and accelerometer information received by UE is received by base station via, for example, a RACH signal (equivalent to low layer communication protocol), the base station transmits the information to a network server (equivalent to a communication control device), and
a controller that calculates a location of the communication terminal in the arbitrary area on a basis of the information of the location metadata source (para [0209] and [0219], the network server determines the geometry (equivalent to calculating the position) of a serving mmW cell indicating the relative position of the UE with respect to the serving base station, geometry is interpreted as location information, [0219], The processing system 1511 of the network entity 1508 may use the information included in the data packet(s) 1512 to determine the geometry 1515 of serving mmW cell 1502a. In an aspect, the processing system 1511 of the network entity 1508 may determine the geometry 1515 of the serving mmW cell 1502a using the base station metric information associated with serving base station 1504a, here beamforming) and
allocates a communication resource depending on the location of the communication terminal ([0209] FIG. 15 is a diagram of a wireless communications system 1500 that may enable a beamforming procedure, for example, in order to reduce the time commensurate with a beam scanning process and/or in order to improve performance gain. For example, the beamforming procedure may be performed based on information derived from a mmW cell geometry 1515 (a mmW cell geometry may also be known as a network map, such as the network map 560 illustrated with respect to FIG. 5), here beamforming procedure is interpreted as allocating resources).
Raghavan further discloses a non-transitory computer-readable medium having computer-executable instructions that, upon execution of the instructions by a processor of a computer, cause the computer to function as the communication control device as per claim 8 (see, para [0010], [0068], [0069]).
Regarding claims 2 and 5, Raghavan further discloses the communication control device, wherein a low layer communication protocol is used for communication of the information of the location metadata source (see, para [0144], UE generate report , including metric values, GPS information and accelerometer information received by UE is received by base station via, for example, a RACH signal (equivalent to low layer communication protocol)).
Regarding claims 3 and 6, Raghavan further discloses the communication control device, wherein the reception unit also receives acceleration acquired by the communication terminal together with the information of the location metadata source (see, para [0217], the processing system 1503 of the UE 1506 may determine UE metric information that includes one or more of location information (e.g., GPS or GNSS information) associated with the UE 1506, gyroscope information associated with the UE 1506, and/or accelerometer information associated with the UE 1506).
Regarding claim 7, Raghavan further discloses a communication system comprising: the location metadata source in the arbitrary area and the communication control device (see, para [0144], UE generate report , including metric values, GPS information and accelerometer information received by UE is received by base station via, for example, a RACH signal (equivalent to low layer communication protocol), the base station transmits the information to a network server (equivalent to a communication control device)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sahlin et al. (US 2023/0232365) discloses method apparatus system and product for positioning determination.
Kumar et al. (US 11202275) discloses power and processing savings for positioning reference signals transmitted in beams.
Gunnarson et al. (US 2021/0337508) discloses positioning system information.
Nishizaki et al. (US2020/0413329) discloses vehicle communication system.
Liao et al. (US 2016/0278125) discloses methods of beacon transmission for measurements in opportunistic spectrum access.
Jung et al. (US 2016/0081114) discloses method and apparatus for operating resources in wireless communication system.
Takahashi (US2012/0275373) discloses vehicle communication.
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/DHAVAL V PATEL/Primary Examiner, Art Unit 2631