DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In virtue of the communication filed on 03/15/2024, Claims 1-17 are pending, wherein claims 1, 9, 14 are recited in independent form. The present Application is a Continuation of PCT/CN2021/119469 with a filing date of 09/18/2021.
Claim Interpretation
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, without importing limitations from the specification. The broadest reasonable interpretation of “at least one of following” “or” would incorporate only a single option from the list of options which follow. At least one of following under the broadest reasonable interpretation would include only one of the plurality of options and any dependent claims which further modify an option not part of a broadest reasonable interpretation would also not be part of a broadest reasonable interpretation which incorporates a different option.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 1, 9, 14 are rejected under 35 U.S.C. 103 as being unpatentable over European Patent Publication EP-1038188 to Dent et al (hereinafter d1) in view of United States Patent Application Publication US-20180275245 to Moshfeghi (hereinafter d2) in view of United States Patent Application Publication US-20240179494 to Saily et al (hereinafter d3).
Regarding claim 1, as to the limitations “A localization method, wherein the method comprises: obtaining a plurality of phase value groups respectively corresponding to a plurality of anchor nodes, wherein a plurality of phase values corresponding to the plurality of anchor nodes are obtained through measurement after the plurality of anchor nodes perform frequency shifting and receive a signal, wherein the signal is sent by a target node while performing frequency shifting, and wherein each phase value group of the plurality of phase value groups comprises a plurality of phase values of a plurality of frequencies; and determining a location of the target node based on the plurality of phase value groups respectively corresponding to the plurality of anchor nodes” d1 discloses localization method (see d1 paras. 0010, 0012, 0022, 0025); as well as obtaining phase value groups respectively corresponding to a plurality of anchor nodes (see d1: paras. 0012-0015, 0025), wherein phase values corresponding to the plurality of anchor nodes are obtained through measurement after the plurality of anchor nodes perform frequency shifting and receive a signal sent by a target node
while performing frequency shifting, and the phase value group comprises phase values of a plurality of frequencies (see d1 paras. 0025, 0028, 0030, 0041 ); and determining a location of the target node based on the phase value groups respectively corresponding to the plurality of anchor nodes (see d1 paras. 0039, 0040). D1 Further discloses performing frequency shifting and receiving a signal sent by a target node while performing frequency shifting (see d1 para. 0012-0015, 0025, 0030); obtaining, based on the signal, phase values of a plurality of frequencies through measurement (see d1 para. 0012-0015, 0025, 0029, 0036); and sending the phase values of the plurality of frequencies to a processing device, wherein the phase values of the plurality of frequencies are used by the processing device to determine a location of the target node (see d1 paras. 0022, 0025, 0029-0033, figure 1).
In the event that it is determined that d1 does not explicitly disclose any limitation or is in some way disqualified as prior art, attention is directed to d2 which discloses a localization method (see d2 para. 0061 ), wherein the method comprises: performing, in each frequency shifting process in a plurality of frequency shifting processes, frequency shifting and receiving a signal sent by a corresponding anchor node (see d2 para. 0062) while performing frequency shifting: obtaining, based on the signal in the plurality of frequency shifting processes, phase value groups respectively corresponding to the plurality of frequency shifting processes through measurement, wherein the phase value group comprises phase values of a plurality of frequencies (D4: § 62); and sending, to a processing device, the phase value groups respectively corresponding to the plurality of frequency shifting processes, wherein the phase value groups respectively corresponding to the plurality of frequency shifting processes are used by the processing device to determine a location of a target node (see d2 paras. 0062 0063).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the disclosed teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including to improve accuracy and reliability for location services (see d2 paras. 0004-0005). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques (location techniques). D2 is related to d1 in a similar field of endeavor (location in mobile devices) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of improved reliability (see d2 para. 0004-0005) with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
When considering that D2, one may determine that d1 in view of d2 does not explicitly disclose the frequency shifting is performed at plurality of anchor nodes, it is noted that d1 in view of d2 discloses that the mobile transmitter 102 of figure 1 changes the frequency of transmission (see d1 paras. 30, 41, figure 1), which is particularly relevant (although, given a broadest reasonable interpretation the limitations may be met by the cited section). In the event that it is determined that d1 and/or d2 does not explicitly disclose a particular element or limitation or is in some way disqualified as prior art, attention is directed to d3 which discloses A method comprising: controlling transmitting, by a network node to a plurality of backscatter nodes, the locations of which are known, configuration information comprising backscatter node-specific frequency offsets for the plurality of backscatter nodes, wherein each of the backscatter nodes is identifiable by a backscatter node-specific frequency offset (e.g., with respect to the method or flow chart of FIGS. 3A-3B, the configuration information may include a location measurement configuration (or other configuration information) indicating: a location of each of the backscatter nodes; a different backscatter node-specific frequency offset assigned to each of the plurality of backscatter nodes; and an indication of a positioning procedure or one or more parameters for the positioning procedure, to be used by the user device to determine a location of the user device; see also 1120, FIG. 11); controlling receiving, by the network node from a positioning control entity, a location request for one or more user devices (Referring to FIG. 4, at 418, the LMF 416 may send a location request to gNB 414 to request a location of one or more UEs (or assets) or information or measurements upon which the LMF may determine a location of the one or more UEs, such as for UE 412); controlling transmitting, by the network node, a signal to at least some of the plurality of backscatter nodes for the signal to be frequency shifted by a backscatter node-frequency offset according to the configuration information and transmitted by the at least some of the plurality of backscatter nodes to one or more user devices (e.g., at 424, backscatter node 410 may frequency shift (by a frequency offset assigned to or associated with the backscatter node 410) and reflect the received signal, to thereby transmit a reflected backscatter signal, which may be received by various UEs, such as by UE 412; Also, at 1130 (FIG. 11), a gNB (e.g., gNB 414 (FIGS. 4, 6)) may transmit a signal (422, FIG. 4), e.g., such as an upchirp CSS signal to backscatter nodes or tags and to UEs/assets, to localize (e.g., to cause the backscatter nodes or tags and UEs to perform a positioning procedure to allow the location of the UE(s) to be determined based on phase information and frequency offsets of received backscatter signals). The backscatter nodes or tags (e.g., backscatter node or tag 410, FIG. 4, and/or backscatter nodes or Tags 1-6 of FIG. 6) each frequency shifts, by the assigned backscatter node-specific frequency offset, and reflects the received signal (e.g., the received upchirp CSS signal) to the UEs/assets (e.g., to UE 412, FIG. 4, or UE1, UE2, FIG. 8). The UEs/assets (e.g., UE 412, FIG. 4, and/or UE1 and UE2, FIG. 6) receive the signals from the gNB 414 and the backscatter nodes or tags (e.g., the UEs may receive the original upchirp CSS signal transmitted at frequency f0, and may also receive (one or more or even all of) the frequency shifted and reflected upchirp CSS (backscatter) signals from the backscatter nodes or tags, at their assigned frequency offsets f1, f2, f3, f4, f5, and f6, such as, for example, shown in FIGS. 9A, 9B); controlling receiving, by the network node from a user device: the phase information and the frequency offset for each of the received frequency-shifted signals, for a positioning control entity to carry out the locating of the user device based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the positioning control entity; or a location of the user device that is determined, by the user device, based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the user device (e.g., at 430 (FIG. 4), UE 412 may transmit to gNB 414 the determined phase and frequency offset (which identifies the backscatter node or tag that transmitted the backscatter signal that was received and correlated by the UE 412) for one or more backscatter signals); or a location of the user device that is determined, by the user device, based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the user device (e.g., alternatively, at 430, rather than UE 412 transmitting a message to gNB 414 that indicates a phase and a frequency offset for one or more received backscatter signals (e.g., for one or more antennas of UE 412), the UE 412 may determine its location based on the determined phase and frequency offsets for the one or more backscatter signals and locations of backscatter nodes known by the UE 412, and then the UE 412 may send a message at 430 to gNB 414 indicating its location (e.g., X, Y coordinates, GPS coordinates, or other location information indicating a location of UE 412); and controlling transmitting, by the network node to the positioning control entity, at least one of the following: the phase information and the frequency offset, received by the network node and determined by the user device, for each of the plurality of received frequency-shifted signals; or the location of the user device, received by the network node and determined by the user device based on the phase information and frequency offset of the plurality of received backscatter signals and locations of the backscatter nodes known by the user device (At 430, UE 412 may transmit to gNB 414 the determined phase and frequency offset (which identifies the backscatter node or tag that transmitted the backscatter signal that was received and correlated by the UE 412) for one or more backscatter signals, e.g., for one or more antennas of the UE 412; at 432, the network node or gNB 414 may determine a location of one or more of the UEs or assets (such as a location of UE 412), using a triangulation positioning method or technique, e.g., based on the phases and frequency offsets received by gNB 414 from one or more UEs (such as from UE 412); At 432, gNB 414 may send a location response to LMF 416; Alternatively, at 430, rather than UE 412 transmitting a message to gNB 414 that indicates a phase and a frequency offset for one or more received backscatter signals (e.g., for one or more antennas of UE 412), the UE 412 may determine its location based on the determined phase and frequency offsets for the one or more backscatter signals and locations of backscatter nodes known by the UE 412, and then the UE 412 may send a message at 430 to gNB 414 indicating its location (e.g., X, Y coordinates, GPS coordinates, or other location information indicating a location of UE 412) (see d3 paras. 0104-0109).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 with d3 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including o improve energy efficiency, decrease device costs, and reduce human intervention or maintenance (see d3 para. 0033). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D3 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d3 to the implementation of d1 in view of d3 to yield the predictable result of o improved energy efficiency, decrease device costs, and reduce human intervention or maintenance (see d3 para. 0033) with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d3 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 in view of d3 is considered as a whole and not individually.
Regarding claim 9, as to the limitations “A localization method, wherein the method comprises: performing frequency shifting and receiving a signal sent by a target node while performing frequency shifting; obtaining, based on the signal, a plurality of phase values of a plurality of frequencies through measurement; and sending the plurality of phase values of the plurality of frequencies to a processing device, wherein the plurality of phase values of the plurality of frequencies are used by the processing device to determine a location of the target node” d1 discloses localization method (see d1 paras. 0010, 0012, 0022, 0025); as well as obtaining phase value groups respectively corresponding to a plurality of anchor nodes (see d1: paras. 0012-0015, 0025), wherein phase values corresponding to the plurality of anchor nodes are obtained through measurement after the plurality of anchor nodes perform frequency shifting and receive a signal sent by a target node
while performing frequency shifting, and the phase value group comprises phase values of a plurality of frequencies (see d1 paras. 0025, 0028, 0030, 0041 ); and determining a location of the target node based on the phase value groups respectively corresponding to the plurality of anchor nodes (see d1 paras. 0039, 0040). D1 Further discloses performing frequency shifting and receiving a signal sent by a target node while performing frequency shifting (see d1 para. 0012-0015, 0025, 0030); obtaining, based on the signal, phase values of a plurality of frequencies through measurement (see d1 para. 0012-0015, 0025, 0029, 0036); and sending the phase values of the plurality of frequencies to a processing device, wherein the phase values of the plurality of frequencies are used by the processing device to determine a location of the target node (see d1 paras. 0022, 0025, 0029-0033, figure 1).
In the event that it is determined that d1 does not explicitly disclose any limitation or is in some way disqualified as prior art, attention is directed to d2 which discloses a localization method (see d2 para. 0061 ), wherein the method comprises: performing, in each frequency shifting process in a plurality of frequency shifting processes, frequency shifting and receiving a signal sent by a corresponding anchor node (see d2 para. 0062) while performing frequency shifting: obtaining, based on the signal in the plurality of frequency shifting processes, phase value groups respectively corresponding to the plurality of frequency shifting processes through measurement, wherein the phase value group comprises phase values of a plurality of frequencies (D4: § 62); and sending, to a processing device, the phase value groups respectively corresponding to the plurality of frequency shifting processes, wherein the phase value groups respectively corresponding to the plurality of frequency shifting processes are used by the processing device to determine a location of a target node (see d2 paras. 0062 0063).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the disclosed teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including to improve accuracy and reliability for location services (see d2 paras. 0004-0005). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques (location techniques). D2 is related to d1 in a similar field of endeavor (location in mobile devices) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of improved reliability (see d2 para. 0004-0005) with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
When considering that D2, one may determine that d1 in view of d2 does not explicitly disclose the frequency shifting is performed at plurality of anchor nodes, it is noted that d1 in view of d2 discloses that the mobile transmitter 102 of figure 1 changes the frequency of transmission (see d1 paras. 30, 41, figure 1), which is particularly relevant (although, given a broadest reasonable interpretation the limitations may be met by the cited section). In the event that it is determined that d1 and/or d2 does not explicitly disclose a particular element or limitation or is in some way disqualified as prior art, attention is directed to d3 which discloses A method comprising: controlling transmitting, by a network node to a plurality of backscatter nodes, the locations of which are known, configuration information comprising backscatter node-specific frequency offsets for the plurality of backscatter nodes, wherein each of the backscatter nodes is identifiable by a backscatter node-specific frequency offset (e.g., with respect to the method or flow chart of FIGS. 3A-3B, the configuration information may include a location measurement configuration (or other configuration information) indicating: a location of each of the backscatter nodes; a different backscatter node-specific frequency offset assigned to each of the plurality of backscatter nodes; and an indication of a positioning procedure or one or more parameters for the positioning procedure, to be used by the user device to determine a location of the user device; see also 1120, FIG. 11); controlling receiving, by the network node from a positioning control entity, a location request for one or more user devices (Referring to FIG. 4, at 418, the LMF 416 may send a location request to gNB 414 to request a location of one or more UEs (or assets) or information or measurements upon which the LMF may determine a location of the one or more UEs, such as for UE 412); controlling transmitting, by the network node, a signal to at least some of the plurality of backscatter nodes for the signal to be frequency shifted by a backscatter node-frequency offset according to the configuration information and transmitted by the at least some of the plurality of backscatter nodes to one or more user devices (e.g., at 424, backscatter node 410 may frequency shift (by a frequency offset assigned to or associated with the backscatter node 410) and reflect the received signal, to thereby transmit a reflected backscatter signal, which may be received by various UEs, such as by UE 412; Also, at 1130 (FIG. 11), a gNB (e.g., gNB 414 (FIGS. 4, 6)) may transmit a signal (422, FIG. 4), e.g., such as an upchirp CSS signal to backscatter nodes or tags and to UEs/assets, to localize (e.g., to cause the backscatter nodes or tags and UEs to perform a positioning procedure to allow the location of the UE(s) to be determined based on phase information and frequency offsets of received backscatter signals). The backscatter nodes or tags (e.g., backscatter node or tag 410, FIG. 4, and/or backscatter nodes or Tags 1-6 of FIG. 6) each frequency shifts, by the assigned backscatter node-specific frequency offset, and reflects the received signal (e.g., the received upchirp CSS signal) to the UEs/assets (e.g., to UE 412, FIG. 4, or UE1, UE2, FIG. 8). The UEs/assets (e.g., UE 412, FIG. 4, and/or UE1 and UE2, FIG. 6) receive the signals from the gNB 414 and the backscatter nodes or tags (e.g., the UEs may receive the original upchirp CSS signal transmitted at frequency f0, and may also receive (one or more or even all of) the frequency shifted and reflected upchirp CSS (backscatter) signals from the backscatter nodes or tags, at their assigned frequency offsets f1, f2, f3, f4, f5, and f6, such as, for example, shown in FIGS. 9A, 9B); controlling receiving, by the network node from a user device: the phase information and the frequency offset for each of the received frequency-shifted signals, for a positioning control entity to carry out the locating of the user device based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the positioning control entity; or a location of the user device that is determined, by the user device, based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the user device (e.g., at 430 (FIG. 4), UE 412 may transmit to gNB 414 the determined phase and frequency offset (which identifies the backscatter node or tag that transmitted the backscatter signal that was received and correlated by the UE 412) for one or more backscatter signals); or a location of the user device that is determined, by the user device, based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the user device (e.g., alternatively, at 430, rather than UE 412 transmitting a message to gNB 414 that indicates a phase and a frequency offset for one or more received backscatter signals (e.g., for one or more antennas of UE 412), the UE 412 may determine its location based on the determined phase and frequency offsets for the one or more backscatter signals and locations of backscatter nodes known by the UE 412, and then the UE 412 may send a message at 430 to gNB 414 indicating its location (e.g., X, Y coordinates, GPS coordinates, or other location information indicating a location of UE 412); and controlling transmitting, by the network node to the positioning control entity, at least one of the following: the phase information and the frequency offset, received by the network node and determined by the user device, for each of the plurality of received frequency-shifted signals; or the location of the user device, received by the network node and determined by the user device based on the phase information and frequency offset of the plurality of received backscatter signals and locations of the backscatter nodes known by the user device (At 430, UE 412 may transmit to gNB 414 the determined phase and frequency offset (which identifies the backscatter node or tag that transmitted the backscatter signal that was received and correlated by the UE 412) for one or more backscatter signals, e.g., for one or more antennas of the UE 412; at 432, the network node or gNB 414 may determine a location of one or more of the UEs or assets (such as a location of UE 412), using a triangulation positioning method or technique, e.g., based on the phases and frequency offsets received by gNB 414 from one or more UEs (such as from UE 412); At 432, gNB 414 may send a location response to LMF 416; Alternatively, at 430, rather than UE 412 transmitting a message to gNB 414 that indicates a phase and a frequency offset for one or more received backscatter signals (e.g., for one or more antennas of UE 412), the UE 412 may determine its location based on the determined phase and frequency offsets for the one or more backscatter signals and locations of backscatter nodes known by the UE 412, and then the UE 412 may send a message at 430 to gNB 414 indicating its location (e.g., X, Y coordinates, GPS coordinates, or other location information indicating a location of UE 412) (see d3 paras. 0104-0109).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 with d3 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including o improve energy efficiency, decrease device costs, and reduce human intervention or maintenance (see d3 para. 0033). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D3 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d3 to the implementation of d1 in view of d3 to yield the predictable result of o improved energy efficiency, decrease device costs, and reduce human intervention or maintenance (see d3 para. 0033) with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d3 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 in view of d3 is considered as a whole and not individually.
Regarding claim 14, as to the limitations “A localization method, wherein the method comprises: performing frequency shifting and sending a signal, wherein the signal is separately received by a plurality of anchor nodes while performing frequency shifting, wherein the plurality of anchor nodes are configured to separately obtain a plurality of corresponding phase value groups through measurement based on the signal, wherein the plurality of phase value groups respectively corresponding to the plurality of anchor nodes are used by a processing device to determine a location of a target node, and wherein a phase value group comprises a plurality of phase values” d1 discloses localization method (see d1 paras. 0010, 0012, 0022, 0025); as well as obtaining phase value groups respectively corresponding to a plurality of anchor nodes (see d1: paras. 0012-0015, 0025), wherein phase values corresponding to the plurality of anchor nodes are obtained through measurement after the plurality of anchor nodes perform frequency shifting and receive a signal sent by a target node
while performing frequency shifting, and the phase value group comprises phase values of a plurality of frequencies (see d1 paras. 0025, 0028, 0030, 0041 ); and determining a location of the target node based on the phase value groups respectively corresponding to the plurality of anchor nodes (see d1 paras. 0039, 0040). D1 Further discloses performing frequency shifting and receiving a signal sent by a target node while performing frequency shifting (see d1 para. 0012-0015, 0025, 0030); obtaining, based on the signal, phase values of a plurality of frequencies through measurement (see d1 para. 0012-0015, 0025, 0029, 0036); and sending the phase values of the plurality of frequencies to a processing device, wherein the phase values of the plurality of frequencies are used by the processing device to determine a location of the target node (see d1 paras. 0022, 0025, 0029-0033, figure 1).
In the event that it is determined that d1 does not explicitly disclose any limitation or is in some way disqualified as prior art, attention is directed to d2 which discloses a localization method (see d2 para. 0061 ), wherein the method comprises: performing, in each frequency shifting process in a plurality of frequency shifting processes, frequency shifting and receiving a signal sent by a corresponding anchor node (see d2 para. 0062) while performing frequency shifting: obtaining, based on the signal in the plurality of frequency shifting processes, phase value groups respectively corresponding to the plurality of frequency shifting processes through measurement, wherein the phase value group comprises phase values of a plurality of frequencies (D4: § 62); and sending, to a processing device, the phase value groups respectively corresponding to the plurality of frequency shifting processes, wherein the phase value groups respectively corresponding to the plurality of frequency shifting processes are used by the processing device to determine a location of a target node (see d2 paras. 0062 0063).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the disclosed teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including to improve accuracy and reliability for location services (see d2 paras. 0004-0005). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques (location techniques). D2 is related to d1 in a similar field of endeavor (location in mobile devices) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of improved reliability (see d2 para. 0004-0005) with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
When considering that D2, one may determine that d1 in view of d2 does not explicitly disclose the frequency shifting is performed at plurality of anchor nodes, it is noted that d1 in view of d2 discloses that the mobile transmitter 102 of figure 1 changes the frequency of transmission (see d1 paras. 30, 41, figure 1), which is particularly relevant (although, given a broadest reasonable interpretation the limitations may be met by the cited section). In the event that it is determined that d1 and/or d2 does not explicitly disclose a particular element or limitation or is in some way disqualified as prior art, attention is directed to d3 which discloses A method comprising: controlling transmitting, by a network node to a plurality of backscatter nodes, the locations of which are known, configuration information comprising backscatter node-specific frequency offsets for the plurality of backscatter nodes, wherein each of the backscatter nodes is identifiable by a backscatter node-specific frequency offset (e.g., with respect to the method or flow chart of FIGS. 3A-3B, the configuration information may include a location measurement configuration (or other configuration information) indicating: a location of each of the backscatter nodes; a different backscatter node-specific frequency offset assigned to each of the plurality of backscatter nodes; and an indication of a positioning procedure or one or more parameters for the positioning procedure, to be used by the user device to determine a location of the user device; see also 1120, FIG. 11); controlling receiving, by the network node from a positioning control entity, a location request for one or more user devices (Referring to FIG. 4, at 418, the LMF 416 may send a location request to gNB 414 to request a location of one or more UEs (or assets) or information or measurements upon which the LMF may determine a location of the one or more UEs, such as for UE 412); controlling transmitting, by the network node, a signal to at least some of the plurality of backscatter nodes for the signal to be frequency shifted by a backscatter node-frequency offset according to the configuration information and transmitted by the at least some of the plurality of backscatter nodes to one or more user devices (e.g., at 424, backscatter node 410 may frequency shift (by a frequency offset assigned to or associated with the backscatter node 410) and reflect the received signal, to thereby transmit a reflected backscatter signal, which may be received by various UEs, such as by UE 412; Also, at 1130 (FIG. 11), a gNB (e.g., gNB 414 (FIGS. 4, 6)) may transmit a signal (422, FIG. 4), e.g., such as an upchirp CSS signal to backscatter nodes or tags and to UEs/assets, to localize (e.g., to cause the backscatter nodes or tags and UEs to perform a positioning procedure to allow the location of the UE(s) to be determined based on phase information and frequency offsets of received backscatter signals). The backscatter nodes or tags (e.g., backscatter node or tag 410, FIG. 4, and/or backscatter nodes or Tags 1-6 of FIG. 6) each frequency shifts, by the assigned backscatter node-specific frequency offset, and reflects the received signal (e.g., the received upchirp CSS signal) to the UEs/assets (e.g., to UE 412, FIG. 4, or UE1, UE2, FIG. 8). The UEs/assets (e.g., UE 412, FIG. 4, and/or UE1 and UE2, FIG. 6) receive the signals from the gNB 414 and the backscatter nodes or tags (e.g., the UEs may receive the original upchirp CSS signal transmitted at frequency f0, and may also receive (one or more or even all of) the frequency shifted and reflected upchirp CSS (backscatter) signals from the backscatter nodes or tags, at their assigned frequency offsets f1, f2, f3, f4, f5, and f6, such as, for example, shown in FIGS. 9A, 9B); controlling receiving, by the network node from a user device: the phase information and the frequency offset for each of the received frequency-shifted signals, for a positioning control entity to carry out the locating of the user device based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the positioning control entity; or a location of the user device that is determined, by the user device, based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the user device (e.g., at 430 (FIG. 4), UE 412 may transmit to gNB 414 the determined phase and frequency offset (which identifies the backscatter node or tag that transmitted the backscatter signal that was received and correlated by the UE 412) for one or more backscatter signals); or a location of the user device that is determined, by the user device, based on the phase information, the frequency offset for each of the received frequency-shifted signals and locations of the plurality of backscatter nodes known by the user device (e.g., alternatively, at 430, rather than UE 412 transmitting a message to gNB 414 that indicates a phase and a frequency offset for one or more received backscatter signals (e.g., for one or more antennas of UE 412), the UE 412 may determine its location based on the determined phase and frequency offsets for the one or more backscatter signals and locations of backscatter nodes known by the UE 412, and then the UE 412 may send a message at 430 to gNB 414 indicating its location (e.g., X, Y coordinates, GPS coordinates, or other location information indicating a location of UE 412); and controlling transmitting, by the network node to the positioning control entity, at least one of the following: the phase information and the frequency offset, received by the network node and determined by the user device, for each of the plurality of received frequency-shifted signals; or the location of the user device, received by the network node and determined by the user device based on the phase information and frequency offset of the plurality of received backscatter signals and locations of the backscatter nodes known by the user device (At 430, UE 412 may transmit to gNB 414 the determined phase and frequency offset (which identifies the backscatter node or tag that transmitted the backscatter signal that was received and correlated by the UE 412) for one or more backscatter signals, e.g., for one or more antennas of the UE 412; at 432, the network node or gNB 414 may determine a location of one or more of the UEs or assets (such as a location of UE 412), using a triangulation positioning method or technique, e.g., based on the phases and frequency offsets received by gNB 414 from one or more UEs (such as from UE 412); At 432, gNB 414 may send a location response to LMF 416; Alternatively, at 430, rather than UE 412 transmitting a message to gNB 414 that indicates a phase and a frequency offset for one or more received backscatter signals (e.g., for one or more antennas of UE 412), the UE 412 may determine its location based on the determined phase and frequency offsets for the one or more backscatter signals and locations of backscatter nodes known by the UE 412, and then the UE 412 may send a message at 430 to gNB 414 indicating its location (e.g., X, Y coordinates, GPS coordinates, or other location information indicating a location of UE 412) (see d3 paras. 0104-0109).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 with d3 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including o improve energy efficiency, decrease device costs, and reduce human intervention or maintenance (see d3 para. 0033). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D3 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d3 to the implementation of d1 in view of d3 to yield the predictable result of o improved energy efficiency, decrease device costs, and reduce human intervention or maintenance (see d3 para. 0033) with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d3 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 in view of d3 is considered as a whole and not individually.
Allowable Subject Matter
Claims 2-8, 10-13, 15-16 are 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SCOTT TAYLOR whose telephone number is (571)270-3189. The examiner can normally be reached on Mon. - Thurs. 9:00-4:00.
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/NATHAN S TAYLOR/Primary Examiner, Art Unit 2643