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 statements (IDSs) submitted on February 23, 2024 and July 24, 2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner except where stricken. For example, three NPL documents are listed on the IDS filed on July 24, 2025, but only two NPL documents were submitted.
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 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.
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.
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 1-15 and 18-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication No. 2024/171085 (hereinafter “Shreevastav”) in view of Non-patent Literature entitled, “3GPP TSG RAN WG1 Meeting #112 (R1-2301847)” (hereinafter “VIVO”)
Regarding claim 1, Shreevastav teaches: A network entity ([0132-134]), comprising: one or more memories ([0132-134]); one or more transceivers ([0132-134]); and one or more processors ([0132-134]) communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to: receive, via the one or more transceivers one or more radio propagation characteristics of one or more paths between a first transmission-reception point (TRP) and a location of a first user equipment (UE) ([0005] providing the environment information to a second node associated with the radio-signal-based sensing or involved in a radio-signal-based sensing session; [0131] Other examples of network nodes include multiple Transmission Point (multi-TRP) 5G access nodes; [0056-57]; [0020]); and transmit, via the one or more transceivers, to the first UE, assistance data based at least in part on the one or more radio propagation characteristics ([0015] In one embodiment, providing the environment information to the second node comprises providing the environment information to the second node via a sensing request, a sensing result request, a response to a sensing-related request or configuration message from the second node, sensing assistance information, a sensing configuration message, an information message associated to sensing, a validate request associated to sensing, or an aggregated or differential result message associated to sensing. [0021]).
Shreevastav does not specifically teach: from a digital twin entity.
However, in the same field of endeavor, VIVO teaches: receiving radio propagation characteristics from a digital twin entity (p. 32/79, Proposal 6: Study potential specification impact of different data collection methods (e.g., utilizing digital twin technology) for obtaining training data set with high user density.; p. 49/79 [24, Qualcomm] proposed that LMF provides the following assistance information for UE/PRU: timestamping of measurements and labels; indication of how PRS resources map to physical anchor location/angles; indications of timing errors at network side; indication of LOS/NLOS maps for each TRP. It also proposed that LMF provides timestamping of measurements and labels as assistance information for gNB/TRP.; p. 61/79 [3, ZTE] proposed that for AI/ML assisted positioning, support following intermediate results as the model output: DLRSTD values for first detected path; LOS/NLOS indicator; DL PRS-RSRPP values for first detected path. It also proposed for AI/ML assisted positioning, study measurement report enhancement for AI/ML assisted intermediate results under both single TRP and Multi-TRP construction.; p. 62/79 For AI/ML assisted positioning with UE-assisted (Case 2a) and NG-RAN node assisted positioning (Case 3a), measurement report as model output to LMF o new measurement report: e.g., ToA o existing measurement report: e.g., RSTD, LOS/NLOS indicator, RSRPP o enhancement of existing measurement report: e.g., soft information of RSTD; p. 68/79 [21, Levova]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Shreevastav to include the feature of a digital twin to provide the information and a combination of Shreevastav with VIVO renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing information based on a digital twin).
Regarding claim 2, Shreevastav teaches: wherein the one or more radio propagation characteristics comprise: a pathloss estimate between the first TRP and the location of the first UE, a line-of-sight (LOS) state between the first TRP and the location of the first UE, a non-line-of-sight (NLOS) state between the first TRP and the location of the first UE, multipath characteristics between the first TRP and the location of the first UE, or any combination thereof ([0052]).
Regarding claim 3, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the digital twin entity, a validity time window within which the one or more radio propagation characteristics are valid ([0082] • Environment information actuality (e.g., old, new, on-line, up-to-date, not up-to-date, likely up-to-date, obtained within time X, etc.)).
Regarding claim 4, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: transmit, via the one or more transceivers, to the digital twin entity, a request for radio propagation characteristics, wherein the one or more radio propagation characteristics are received in response to the request ([0016] In one embodiment, the method further comprises receiving a request for the environment information from the second node.).
Regarding claim 5, Shreevastav teaches: wherein: the request for radio propagation characteristics indicates a plurality of radio propagation characteristics requested by the network entity, the one or more radio propagation characteristics are less than the plurality of radio propagation characteristics, and the one or more processors are further configured to receive, from the digital twin entity, an error notification for remaining radio propagation characteristics of the plurality of radio propagation characteristics ([0160] The measurements may be implemented in that software causes messages to be transmitted, in particular empty or ‘dummy’ messages, using the OTT connection 1450 while monitoring propagation times, errors, etc.).
Regarding claim 6, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the digital twin entity, one or more second radio propagation characteristics between a second TRP and the location of the first UE ([0188] B. determining the environment information based on a message or indication received from another node (e.g., via unicast/multicast/broadcast, upon a request from the first node or in an unsolicited manner)), wherein the assistance data is further based on the one or more second radio propagation characteristics; receive, via the one or more transceivers, from a second digital twin entity, one or more third radio propagation characteristics between a third TRP and the location of the first UE, wherein the assistance data is further based on the one or more third radio propagation characteristics; or any combination thereof ([0189] (5) sending the environment information or a chosen configuration based on the environment information to another node).
Regarding claim 7, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the digital twin entity, one or more second radio propagation characteristics between the first TRP and a location of a second UE; receive, via the one or more transceivers, from a second digital twin entity, one or more third radio propagation characteristics between a second TRP and the location of the second UE; or any combination thereof ([0079] The first node (e.g., UE, sensing client, sensing server, 0AM or another network node) obtains the information associated with the environment of a sensing target (e.g., an area or an object), e.g., by one or more of: First node, other node, another node, second node, third node).
Regarding claim 8, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the first UE, a request for the assistance data ([0063] • Step 200 (in some, but not necessarily all, embodiments): The first node receives a request for environment information from a second node associated with sensing or involved in a sensing session (e.g., network node, sensing management function or sensing server, or another UE). [0078] In this step, the first node receives a request for environment information from a second node associated with sensing or involved in a sensing session (e.g., from network node, sensing management function or sensing server, or another UE). [0079] Determining the environment information based on a message or indication received from another node (e.g., 0AM or other network node, etc.) via unicast/multicast/broadcast, upon a request from the first node or in an unsolicited manner. [0080] ■ In some cases, both the first node and the other node may perform sensing in the same direction and the results can be compared for any differences or combined based on rules. [0080] The obtaining of the environment information can be, e.g., upon a request from another node or in an unsolicited way, upon a triggering condition (e.g., an event detected which may impact the environment information), periodic with some pre-defined or configured periodicity, etc. [0087] In some further examples, the environment information is provided in any of: • sensing request, • sensing result request, • sensing assistance information, • sensing configuration message, • sensing “provide information” message, • sensing “validating request” message, • sensing “aggregated or differential result” message [0088] Examples of the first and second nodes (see Section 1 above for the terms “network node” or “UE”) include: • UE -> network node • First UE -> second UE • First network node -> second network node • Network node -> UE).
Regarding claim 9, Shreevastav teaches: wherein: the request indicates types of the one or more radio propagation characteristics, the request identifies at least the first TRP, or any combination thereof ([0167] Embodiment 4: The method of any of embodiments 1 to 3 wherein the environment information comprises: (a) environment type; (b) sensing radio environment quality; (c) sensing radio propagation characteristics; (d) knowledge level about the environment; (e) environment information quality or reliability level; (f) environment information actuality; (g) speed; (h) velocity or movement direction; (i) statistical characteristic, statistical data or a function of one or more environment information parameter or characteristic listed above; or (j) a combination of any two or more of (a)-(i). Claim 5: 5. The method of any of claims 1 to 4 wherein the environment information comprises: (a) environment type; (b) sensing radio environment quality; (c) radio propagation characteristics; (d) knowledge level about the environment; (e) environment information quality or reliability level; (f) environment information actuality; (g) speed of the sensing target or the first node; (h) velocity or movement direction of the sensing target or the first node; (i) statistical characteristic, statistical data or a function of one or more environment information parameters or characteristics listed in (a)-(h); r (j) a combination of any two or more of (a)-(i).).
Regarding claim 10, Shreevastav teaches: wherein the assistance data includes a validity time window within which the assistance data is valid ([0084] • Validity time, e.g., for how long the information is valid or when it may need to be updated).
Regarding claim 11, Shreevastav teaches: wherein the validity time window is specified: per exclusion zone indicated in the assistance data, per TRP indicated in the assistance data, for all exclusion zones indicated in the assistance data, for all TRPs indicated in the assistance data, or any combination thereof ([0030] (i) location information about a location of the environment associated to the sensing target or sensing area).
Regarding claim 12, Shreevastav teaches: wherein: the assistance data includes one or more exclusion zones associated with the first TRP, and the first UE is configured to not measure the first TRP when the first UE is located within the one or more exclusion zones ([0026] Embodiments of a method performed by a second node for radio-signal-based sensing using a cellular network are also disclosed. In one embodiment, a method performed by a second node for radio-signal-based sensing using a cellular network comprises obtaining, from a first node, environment information about an environment associated to a sensing target or sensing area for radio-signal-based sensing using a cellular network, the environment being a physical environment of the sensing target or sensing object, a radio environment of the sensing target or sensing object, or both the physical environment and radio environment of the sensing target or sensing object. The method further comprises using the environment information for radio signal based sensing of the sensing target or sensing area.).
Regarding claim 13, Shreevastav teaches: wherein the one or more exclusion zones are specified: per frequency band of the first TRP, or per frequency layer of the first TRP ([0098] • Choose a configuration o Selecting a set of nodes for transmitting radio signals for the sensing o Selecting a set of nodes for receiving radio signals for the sensing o Configuring at least one radio signal to be transmitted for the sensing (e.g., configure radio signal type, transmit power, time and/or frequency resources or pattern for the radio signal, periodicity, number of symbols, bandwidth, number of transmit occasions, number of slots, etc.)).
Regarding claim 14, Shreevastav teaches: wherein the one or more exclusion zones are one or more geographical areas where: the first TRP is in an NLOS state with respect to the one or more geographical areas, or a signal strength of the first TRP is expected to be below a signal strength threshold ([0082] • Radio propagation characteristics (e.g., LOS, NLOS, fading characteristics, multipath structure, rich or heavy multipath, light multipath, uniform/mixed propagation environment, etc.) [0098] The second node (e.g., network node) obtains the information about the environment of a sensing target (e.g., an area or an object), e.g., by one or more of: • Determining the environment information based on any one or more of: o radio measurements or channel estimation result (e.g., determining radio propagation characteristics, link quality, velocity data, single or multiple peak detection, or location based on pathloss estimation, LOS/NLOS detection).
Regarding claim 15, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the first UE, a measurement report, the measurement report indicating that the first TRP was not measured based on the first UE being located in one of the one or more exclusion zones ([0124] Regardless of the type of sensor, a UE may provide an output of data captured by its sensors, through its communication interface 1012, or via a wireless connection to a network node. Data captured by sensors of a UE can be communicated through a wireless connection to a network node via another UE. The output may be periodic (e.g., once every 15 minutes if it reports the sensed temperature), random (e.g., to even out the load from reporting from several sensors), in response to a triggering event (e.g., when moisture is detected an alert is sent), in response to a request (e.g., a user initiated request), or a continuous stream (e.g., a live video feed of a patient).).
Regarding claim 18, Shreevastav teaches: wherein the assistance data is: positioning assistance data, sense assistance data, include in a location information request, include in a sensing information request, or any combination thereof ([0009], [0054] “Sensing target” is an area or an object with respect to which the sensing purpose is to be achieved . . . Positioning Reference Signal (PRS).).
Regarding claim 19, Shreevastav teaches: A method of communication by a network entity comprising: receiving, via the one or more transceivers one or more radio propagation characteristics of one or more paths between a first transmission-reception point (TRP) and a location of a first user equipment (UE) ([0005] providing the environment information to a second node associated with the radio-signal-based sensing or involved in a radio-signal-based sensing session; [0131] Other examples of network nodes include multiple Transmission Point (multi-TRP) 5G access nodes; [0056-57]; [0020]); and transmitting, via the one or more transceivers, to the first UE, assistance data based at least in part on the one or more radio propagation characteristics ([0015] In one embodiment, providing the environment information to the second node comprises providing the environment information to the second node via a sensing request, a sensing result request, a response to a sensing-related request or configuration message from the second node, sensing assistance information, a sensing configuration message, an information message associated to sensing, a validate request associated to sensing, or an aggregated or differential result message associated to sensing. [0021]).
Shreevastav does not specifically teach: from a digital twin entity.
However, in the same field of endeavor, VIVO teaches: receiving radio propagation characteristics from a digital twin entity (p. 32/79, Proposal 6: Study potential specification impact of different data collection methods (e.g., utilizing digital twin technology) for obtaining training data set with high user density.; p. 49/79 [24, Qualcomm] proposed that LMF provides the following assistance information for UE/PRU: timestamping of measurements and labels; indication of how PRS resources map to physical anchor location/angles; indications of timing errors at network side; indication of LOS/NLOS maps for each TRP. It also proposed that LMF provides timestamping of measurements and labels as assistance information for gNB/TRP.; p. 61/79 [3, ZTE] proposed that for AI/ML assisted positioning, support following intermediate results as the model output: DLRSTD values for first detected path; LOS/NLOS indicator; DL PRS-RSRPP values for first detected path. It also proposed for AI/ML assisted positioning, study measurement report enhancement for AI/ML assisted intermediate results under both single TRP and Multi-TRP construction.; p. 62/79 For AI/ML assisted positioning with UE-assisted (Case 2a) and NG-RAN node assisted positioning (Case 3a), measurement report as model output to LMF o new measurement report: e.g., ToA o existing measurement report: e.g., RSTD, LOS/NLOS indicator, RSRPP o enhancement of existing measurement report: e.g., soft information of RSTD; p. 68/79 [21, Levova]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Shreevastav to include the feature of a digital twin to provide the information and a combination of Shreevastav with VIVO renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing information based on a digital twin).
Regarding claim 20, Shreevastav teaches: wherein the one or more radio propagation characteristics comprise: a pathloss estimate between the first TRP and the location of the first UE, a line-of-sight (LOS) state between the first TRP and the location of the first UE, a non-line-of-sight (NLOS) state between the first TRP and the location of the first UE, multipath characteristics between the first TRP and the location of the first UE, or any combination thereof ([0052]).
Regarding claim 21, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the digital twin entity, a validity time window within which the one or more radio propagation characteristics are valid ([0082] • Environment information actuality (e.g., old, new, on-line, up-to-date, not up-to-date, likely up-to-date, obtained within time X, etc.)).
Regarding claim 22, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: transmit, via the one or more transceivers, to the digital twin entity, a request for radio propagation characteristics, wherein the one or more radio propagation characteristics are received in response to the request ([0016] In one embodiment, the method further comprises receiving a request for the environment information from the second node.).
Regarding claim 23, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the digital twin entity, one or more second radio propagation characteristics between a second TRP and the location of the first UE ([0188] B. determining the environment information based on a message or indication received from another node (e.g., via unicast/multicast/broadcast, upon a request from the first node or in an unsolicited manner)), wherein the assistance data is further based on the one or more second radio propagation characteristics; receive, via the one or more transceivers, from a second digital twin entity, one or more third radio propagation characteristics between a third TRP and the location of the first UE, wherein the assistance data is further based on the one or more third radio propagation characteristics; or any combination thereof ([0189] (5) sending the environment information or a chosen configuration based on the environment information to another node).
Regarding claim 24, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the digital twin entity, one or more second radio propagation characteristics between the first TRP and a location of a second UE; receive, via the one or more transceivers, from a second digital twin entity, one or more third radio propagation characteristics between a second TRP and the location of the second UE; or any combination thereof ([0079] The first node (e.g., UE, sensing client, sensing server, 0AM or another network node) obtains the information associated with the environment of a sensing target (e.g., an area or an object), e.g., by one or more of: First node, other node, another node, second node, third node).
Regarding claim 25, Shreevastav teaches: wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the first UE, a request for the assistance data ([0063] • Step 200 (in some, but not necessarily all, embodiments): The first node receives a request for environment information from a second node associated with sensing or involved in a sensing session (e.g., network node, sensing management function or sensing server, or another UE). [0078] In this step, the first node receives a request for environment information from a second node associated with sensing or involved in a sensing session (e.g., from network node, sensing management function or sensing server, or another UE). [0079] Determining the environment information based on a message or indication received from another node (e.g., 0AM or other network node, etc.) via unicast/multicast/broadcast, upon a request from the first node or in an unsolicited manner. [0080] ■ In some cases, both the first node and the other node may perform sensing in the same direction and the results can be compared for any differences or combined based on rules. [0080] The obtaining of the environment information can be, e.g., upon a request from another node or in an unsolicited way, upon a triggering condition (e.g., an event detected which may impact the environment information), periodic with some pre-defined or configured periodicity, etc. [0087] In some further examples, the environment information is provided in any of: • sensing request, • sensing result request, • sensing assistance information, • sensing configuration message, • sensing “provide information” message, • sensing “validating request” message, • sensing “aggregated or differential result” message [0088] Examples of the first and second nodes (see Section 1 above for the terms “network node” or “UE”) include: • UE -> network node • First UE -> second UE • First network node -> second network node • Network node -> UE).
Regarding claim 26, Shreevastav teaches: wherein the assistance data includes a validity time window within which the assistance data is valid ([0084] • Validity time, e.g., for how long the information is valid or when it may need to be updated).
Regarding claim 27, Shreevastav teaches: wherein: the assistance data includes one or more exclusion zones associated with the first TRP, and the first UE is configured to not measure the first TRP when the first UE is located within the one or more exclusion zones ([0026] Embodiments of a method performed by a second node for radio-signal-based sensing using a cellular network are also disclosed. In one embodiment, a method performed by a second node for radio-signal-based sensing using a cellular network comprises obtaining, from a first node, environment information about an environment associated to a sensing target or sensing area for radio-signal-based sensing using a cellular network, the environment being a physical environment of the sensing target or sensing object, a radio environment of the sensing target or sensing object, or both the physical environment and radio environment of the sensing target or sensing object. The method further comprises using the environment information for radio signal based sensing of the sensing target or sensing area.).
Regarding claim 28, Shreevastav teaches: wherein the one or more exclusion zones are specified: per frequency band of the first TRP, or per frequency layer of the first TRP ([0098] • Choose a configuration o Selecting a set of nodes for transmitting radio signals for the sensing o Selecting a set of nodes for receiving radio signals for the sensing o Configuring at least one radio signal to be transmitted for the sensing (e.g., configure radio signal type, transmit power, time and/or frequency resources or pattern for the radio signal, periodicity, number of symbols, bandwidth, number of transmit occasions, number of slots, etc.)).
Regarding claim 29, Shreevastav teaches: A network entity comprising: means for receiving, one or more radio propagation characteristics of one or more paths between a first transmission-reception point (TRP) and a location of a first user equipment (UE) ([0005] providing the environment information to a second node associated with the radio-signal-based sensing or involved in a radio-signal-based sensing session; [0131] Other examples of network nodes include multiple Transmission Point (multi-TRP) 5G access nodes; [0056-57]; [0020]); and transmitting, via the one or more transceivers, to the first UE, assistance data based at least in part on the one or more radio propagation characteristics ([0015] In one embodiment, providing the environment information to the second node comprises providing the environment information to the second node via a sensing request, a sensing result request, a response to a sensing-related request or configuration message from the second node, sensing assistance information, a sensing configuration message, an information message associated to sensing, a validate request associated to sensing, or an aggregated or differential result message associated to sensing. [0021]).
Shreevastav does not specifically teach: from a digital twin entity.
However, in the same field of endeavor, VIVO teaches: receiving radio propagation characteristics from a digital twin entity (p. 32/79, Proposal 6: Study potential specification impact of different data collection methods (e.g., utilizing digital twin technology) for obtaining training data set with high user density.; p. 49/79 [24, Qualcomm] proposed that LMF provides the following assistance information for UE/PRU: timestamping of measurements and labels; indication of how PRS resources map to physical anchor location/angles; indications of timing errors at network side; indication of LOS/NLOS maps for each TRP. It also proposed that LMF provides timestamping of measurements and labels as assistance information for gNB/TRP.; p. 61/79 [3, ZTE] proposed that for AI/ML assisted positioning, support following intermediate results as the model output: DLRSTD values for first detected path; LOS/NLOS indicator; DL PRS-RSRPP values for first detected path. It also proposed for AI/ML assisted positioning, study measurement report enhancement for AI/ML assisted intermediate results under both single TRP and Multi-TRP construction.; p. 62/79 For AI/ML assisted positioning with UE-assisted (Case 2a) and NG-RAN node assisted positioning (Case 3a), measurement report as model output to LMF o new measurement report: e.g., ToA o existing measurement report: e.g., RSTD, LOS/NLOS indicator, RSRPP o enhancement of existing measurement report: e.g., soft information of RSTD; p. 68/79 [21, Levova]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Shreevastav to include the feature of a digital twin to provide the information and a combination of Shreevastav with VIVO renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing information based on a digital twin).
Regarding claim 30, Shreevastav teaches: A non-transitory computer-readable medium storing computer-executable instructions that, when executed by a network entity, cause the network entity to: receiving, one or more radio propagation characteristics of one or more paths between a first transmission-reception point (TRP) and a location of a first user equipment (UE) ([0005] providing the environment information to a second node associated with the radio-signal-based sensing or involved in a radio-signal-based sensing session; [0131] Other examples of network nodes include multiple Transmission Point (multi-TRP) 5G access nodes; [0056-57]; [0020]); and transmitting, via the one or more transceivers, to the first UE, assistance data based at least in part on the one or more radio propagation characteristics ([0015] In one embodiment, providing the environment information to the second node comprises providing the environment information to the second node via a sensing request, a sensing result request, a response to a sensing-related request or configuration message from the second node, sensing assistance information, a sensing configuration message, an information message associated to sensing, a validate request associated to sensing, or an aggregated or differential result message associated to sensing. [0021]).
Shreevastav does not specifically teach: from a digital twin entity.
However, in the same field of endeavor, VIVO teaches: receiving radio propagation characteristics from a digital twin entity (p. 32/79, Proposal 6: Study potential specification impact of different data collection methods (e.g., utilizing digital twin technology) for obtaining training data set with high user density.; p. 49/79 [24, Qualcomm] proposed that LMF provides the following assistance information for UE/PRU: timestamping of measurements and labels; indication of how PRS resources map to physical anchor location/angles; indications of timing errors at network side; indication of LOS/NLOS maps for each TRP. It also proposed that LMF provides timestamping of measurements and labels as assistance information for gNB/TRP.; p. 61/79 [3, ZTE] proposed that for AI/ML assisted positioning, support following intermediate results as the model output: DLRSTD values for first detected path; LOS/NLOS indicator; DL PRS-RSRPP values for first detected path. It also proposed for AI/ML assisted positioning, study measurement report enhancement for AI/ML assisted intermediate results under both single TRP and Multi-TRP construction.; p. 62/79 For AI/ML assisted positioning with UE-assisted (Case 2a) and NG-RAN node assisted positioning (Case 3a), measurement report as model output to LMF o new measurement report: e.g., ToA o existing measurement report: e.g., RSTD, LOS/NLOS indicator, RSRPP o enhancement of existing measurement report: e.g., soft information of RSTD; p. 68/79 [21, Levova]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Shreevastav to include the feature of a digital twin to provide the information and a combination of Shreevastav with VIVO renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing information based on a digital twin).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Shreevastav in view of VIVO and further in view of U.S. Publication No. 2023/0007615 (hereinafter “Keating”)
Regarding claim 16, the combination of Shreevastav and VIVO does not teach: wherein the assistance data includes NLOS offset distribution information for at least the first TRP.
However, in the same field of endeavor, Keating teaches: wherein the assistance data includes NLOS offset distribution information for at least the first TRP ([0031] As illustrated at 108, the network node may transmit, and the UE may receive, the NLOS bias distribution information.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Shreevastav and VIVO to include the feature of sending an NLOS bias distribution and a combination of Shreevastav and VIVO with Keating renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., sending an NLOS bias distribution).
Allowable Subject Matter
Claim 17 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 17 recites, “wherein the NLOS offset distribution information is specified per exclusion zone associated with the first TRP.”
Shreevastav (WIPO Publication No. 2024/171085) teaches: including information regarding an exclusion zone ([0030] (i) location information about a location of the environment associated to the sensing target or sensing area).
Keating (U.S. Publication No. 2023/0007615) teaches: NLOS offset distribution information for at least the first TRP ([0031] As illustrated at 108, the network node may transmit, and the UE may receive, the NLOS bias distribution information.).
The above references, in combination, do not render obvious the claimed invention regarding to details about wherein the NLOS offset distribution information is specified per exclusion zone associated with the first TRP when viewed with the claim as a whole. Therefore, claim 17 recites allowable subject matter.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WIPO Publication No. 2022/155647 (Bao) related to modifying consistency groups associated with positioning of a user equipment
Non-patent Literature entitled, “Propagation path loss prediction modelling in enclosed environments for 5G networks: A Review” (Oladimeji)
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/JAB/ Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643