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
Drawings
The drawings are objected to because in FIG.3, and fig.4, “Box 36” and “Box 37” lack clear description. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim set is objected to because of the following informalities: claim 34 is missing from the set of claims. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 36 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 16 recites “A computer program comprising instructions...” The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim appears to be a software per se. A software is not statutory subject matter, as such, claim 36 is non-statutory.
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.
(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.
Claim(s) 16, 23-26,28-29,35-36 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Duan to (US 20240077568 A1)
Regarding claims 16,29,36 Duan teaches an apparatus comprising: at least one processor; and at least one memory including computer program code which, when executed by the at least one processor, ([0109] … comprise processor(s), memory, communications subsystem, wireless communications interface, and/or other components ) causes the apparatus at least to: determine one or more parameters of each of one or more uplink reference signals received at a communication device, ([00174] discloses determine that a non-line-of-sight (NLOS) wireless signal path is present between a given UE and the one or more wireless network nodes) wherein the parameters of the uplink reference signals include an angle of arrival of the respective uplink reference signal at the communication device;([00175] discloses wherein the information indicative of the measurement between the one or more wireless network nodes and the one or more UEs comprise (i) angle of arrival (AoA) estimations based on uplink reference signals ) determine one or more parameters of each of one or more downlink reference signals received by the communication device, ([00174] discloses determine that a non-line-of-sight (NLOS) wireless signal path is present between a given UE and the one or more wireless network nodes) wherein said parameters of said downlink reference signals include an angle of arrival of the respective downlink reference signal at the communication device; ;([00175] discloses wherein the information indicative of the measurement between the one or more wireless network nodes and the one or more UEs comprise (i) angle of arrival (AoA) estimations based on downlink reference signals ) identify groups of non-line-of-sight signals, wherein each group comprises one or more of said uplink reference signals and one or more of said downlink reference signals, ([0080] discloses uplink Measurement-Based Detection of NLOS…[0082] discloses Downlink Measurement-Based Detection of NLOS ) wherein said groups are identified based on matching angles of arrival of the respective uplink and downlink reference signals at the communication device;([0081] discloses spatial relationships may indicate a match between the uplink reference signal (UL-SRS) and the downlink beam. If all the UL-SRS have the same or substantially similar spatial relationship between the UL-SRS (from multiple UEs) and the downlink beam, then there is a likelihood that the UE 404 is under the coverage of a repeater because the source of the corresponding downlink beam is the wireless network node to the repeater relaying the UL-SRS..[0083] discloses If the DL-AoA measured with PRS transmitted from different gNBs are the same or substantially similar (e.g., within a prescribed AoA threshold or range), there is a likelihood that the detected PRSes were forwarded by a repeater, indicating a likelihood that NLOS was caused by the repeater and/or that the UE 404 is within a coverage hole) and exclude downlink reference signals of the identified groups of non-line-of-sight signals from a set of candidate line-of-sight downlink reference signals([0119] discloses determining a position of the UE using the second positioning mode and excluding positioning signals associated with the first positioning mode).
Regarding claims 23,35 Duan teaches An apparatus as claimed in claim 16, further configured to: determine that one of said uplink reference signals and one of said downlink reference signals have matching angles of arrival in the event that the angle of arrival of the respective uplink signal and the angle of arrival of the respective downlink reference signal differ by less than a threshold amount([0080] discloses If the AoA measured at the wireless network node is the same or substantially similar (e.g., within a prescribed AoA threshold or range), then there is a likelihood that the UE 404 is under the coverage of a repeater because the AoA estimations at the wireless network node would be based on signals from the repeater rather than the respective locations of the UEs).
Regarding claim 24, Duan teaches An apparatus as claimed in claim 16, further configured to: transmit the uplink reference signal; and/or receive the downlink reference signals([00175] discloses wherein the information indicative of the measurement between the one or more wireless network nodes and the one or more UEs comprise (i) angle of arrival (AoA) estimations based on downlink reference signals ).
Regarding claim 25, Duan teaches wherein said communication device is a hybrid device comprising: a first portion or a first device for transmitting uplink reference signals; and a second portion or a second device for receiving downlink reference signals(fig.4) .
Regarding claim 26, Duan teaches An apparatus as claimed in claim 16, wherein some or all of said uplink reference signals are reflections of an uplink reference signal transmitted by the communication device([0095] discloses This type of NLOS may be more difficult to utilize than the PRS-common NLOS, as the NLOS may correspond to different wireless network nodes or the physical environment (e.g., multiple potential nodes and reflective surfaces), making it difficult to map the locations of the repeater(s) as anchor nodes for localization) .
Regarding claim 28. An apparatus as claimed in claim 16, wherein the uplink reference signal is a sounding reference signal and/or the downlink reference signal is positioning reference signal([0108] discloses uplink reference signals may include uplink Sounding Reference Signals (UL-SRS). In some implementations, downlink reference signals may include downlink Positioning Reference Signals (DL-PRS)).
Claim Rejections - 35 USC § 103
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.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan to (US20240077568A1) in view of Fakoorian to (US20220322035)
Regarding claims 17, Duan does not explicitly teach further configured to: compensate for differences in an orientation of the communication device when receiving said uplink and downlink reference signals
However, Fakoorian teaches compensate for differences in an orientation of the communication device when receiving said uplink and downlink reference signals ([0040] discloses inaccuracy may be introduced by an NLOS effect. In general, the first and second points may be estimated and compensated by calibration techniques)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Duan include compensate for differences in an orientation of the communication device when receiving said uplink and downlink reference signals, as suggested by Fakoorian. This modification would benefit the system to reduce communication error.
Regarding claims 18, Duan does not explicitly teach determine said orientation for use in compensating for said differences in orientation
However, Fakoorian teaches determine said orientation for use in compensating for said differences in orientation ([0040] discloses inaccuracy may be introduced by deviation from panel orientation at a transmitter or receive)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Duan include determine said orientation for use in compensating for said differences in orientation, as suggested by Fakoorian. This modification would benefit the system to reduce communication error.
Claim(s) 19-22,27,30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan to (US20240077568A1) in view of Shah to (WO2023212224A2) (for examination purpose see (US 20250300900 A1))
Regarding claims 19,30 Duan does not explicitly teach identify a most-likely line-of-sight downlink reference signal from the set of candidate line-of-sight downlink reference signals
However, Shah teaches identify a most-likely line-of-sight downlink reference signal from the set of candidate line-of-sight downlink reference signals ([0010] discloses LOS communications includes a list of TRP identifiers and an associated predetermined bit indicating either LOS or non-line-of-sight (NLOS). In some implementations, the transmitter is further configured to transmit a request for a PRS to each of the TRPs associated with LOS communications. In some implementations, the receiver is further configured to receive a PRS from a plurality of TRPs associated with LOS communications. In some implementations, a LOS path to at least one of the TRPs associated with LOS communications is obscured)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Duan identify a most-likely line-of-sight downlink reference signal from the set of candidate line-of-sight downlink reference signals, as suggested by Shah. This modification would benefit the system to reduce communication error.
Regarding claims 20,31 the combination of Duan and Shah teaches wherein the most-likely line-of-sight downlink reference signal is based on: gains of the candidate line-of-sight downlink reference signals; delays of the candidate line-of-sight downlink reference signals; or a combination of the gains and the delays of the candidate line-of-sight downlink reference signals(Shah,[0249],[0251] discloses where each tap is associated with relative delay with respect to the first tap and relative power with respect to the tap with the highest power); peak power (e.g., peak RSRP) data; average power (e.g., mean RSRP) data; peak to average power ratio data; skewness of channel impulse response data; and/or kurtosis of channel impulse response data).
Regarding claims 21,32 Duan does not explicitly teach wherein: the parameters of said one or more uplink reference signals further comprise one or more of: a gain of the respective reflected signal and a delay of the respective reflected signal; and the parameters of the downlink reference signals further comprise one or more of: a gain of the respective downlink reference signal and a delay of the respective downlink reference signal
However, Shah teaches the parameters of said one or more uplink reference signals further comprise one or more of: a gain of the respective reflected signal and a delay of the respective reflected signal; and the parameters of the downlink reference signals further comprise one or more of: a gain of the respective downlink reference signal and a delay of the respective downlink reference signal([0249],[0251] discloses where each tap is associated with relative delay with respect to the first tap and relative power with respect to the tap with the highest power); peak power (e.g., peak RSRP) data; average power (e.g., mean RSRP) data; peak to average power ratio data; skewness of channel impulse response data; and/or kurtosis of channel impulse response data)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Duan the parameters of said one or more uplink reference signals further comprise one or more of: a gain of the respective reflected signal and a delay of the respective reflected signal; and the parameters of the downlink reference signals further comprise one or more of: a gain of the respective downlink reference signal and a delay of the respective downlink reference signal, as suggested by Shah. This modification would benefit the system to reduce communication error.
Regarding claims 22,33 Duan does not explicitly teach determine a line-of-sight probability estimate for each of the set of candidate line-of-sight downlink reference signals
However, Shah teaches determine a line-of-sight probability estimate for each of the set of candidate line-of-sight downlink reference signals ([0255] discloses he WTRU obtains LOS probability of each neighboring TRP. In some implementations, based on LOS probability of the different TRPs, the WTRU selects neighboring TRPs to transmit PRS and measure TDOA. In some implementations, TDOA measurements performed with LOS TRPs minimize positioning error)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Duan determine a line-of-sight probability estimate for each of the set of candidate line-of-sight downlink reference signals, as suggested by Shah. This modification would benefit the system to reduce communication error.
Regarding claim 27, Duan does not explicitly teach wherein said communication device is a full-duplex communication device
However, Shah teaches wherein said communication device is a full-duplex communication device ( [0065] The WTRU 102 may include a full duplex radio for which transmission and reception of some or all of the signals (e.g., associated with particular subframes for both the UL (e.g., for transmission) and DL (e.g., for reception) may be concurrent and/or simultaneous)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Duan wherein said communication device is a full-duplex communication device, as suggested by Shah. This modification would benefit the system to reduce communication error.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461