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 .
This action is in response to the filing of 3/22/2024. Claims 1-20 are pending and have been considered below.
Claim construction/interpretation:
Claim 1 [method claim] recites the following limitation;
“in a case that the positioning requirement is a positioning requirement associated with a sensing service, sending, by the first communication device, the positioning requirement to a second communication device and sending a sensing requirement to a third communication device.”
This is contingent/conditional limitation(s). The contingent/conditional limitations are not positively recited in the claim(s) and are thus only executed [or performed or implemented], when the condition is true/met.
[See, (MPEP 2111.04) II. CONTINGENT LIMITATIONS
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.]
Furthermore, when in claim 1 contingent limitation or condition is not met I.e. [in a case that the positioning requirement is a positioning requirement NOT associated with a sensing service] in that case the [sending, by the first communication device, the positioning requirement to a second communication device and sending a sensing requirement to a third communication device] will not be performed.
Dependent claims 3-9 are related to the conditional element and thus are not required, to be performed and taught by the prior art.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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) 1-9, 17, 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ying et al. (US 2024/0205639).
Regarding claim 1:
Ying discloses a sensing-based positioning method and system (see figures; abstract), comprising:
receiving, by a first communication device, a positioning requirement (figure 3; para 241, partially reproduced herein with emphasis {NEF network element sends a location request message to the GMLC network element} [here GMLC receive the location/position request or requirement]; figure 4a; 229, 242-243; and throughout); and
in a case that the positioning requirement is a positioning requirement associated with a sensing service, sending, by the first communication device, the positioning requirement to a second communication device and sending a sensing requirement to a third communication device (Note: contingent/conditional element, not required to be performed [see claim construction/interpretation above], [Thus the claim is anticipated by the prior art])).
Regarding claim 2:
Ying discloses all of the subject matter as described above and wherein before the sending the positioning requirement to a second communication device, the method further comprises: determining a first base station and a first terminal that are associated with the positioning requirement, wherein the second communication device comprises at least one of the first base station or the first terminal (note: optional claim language requires one element) (see Ying, para 241 {location request message includes the second identifier of the UE}; para 604 {information about the RAN may be a RAN ID..}; and see throughout the disclosure); or, wherein the sensing requirement contains first indication information, and the first indication information is used for indicating information about the second communication device.
Regarding claims 3-9:
Ying discloses all of the subject matter as described above for claim 1; and dependent claims 3-9 further recites steps that are related to or based on the contingent limitation, and are not required, therefore claims 3-9 are anticipated by the prior art for the same reasons as above.
Regarding claim 17:
Ying discloses a communication device (see figures), comprising a processor (figures 18-19; processor 11 in fig 19), a memory (fig 19 [memory 12]), and a program or an instruction stored on the memory and runnable on the processor (para 966; figures), wherein the program or instruction, when executed by the processor (para 851-965; para 966, 974-983), causes the communication device to perform:
receiving a positioning requirement (figure 3; para 241 {NEF network element sends a location request message to the GMLC network element} [here GMLC receive the location/position request or requirement]; figure 4a; figs 4b, fig 5-6; para 252 {GMLC, AMF, or LMF initiates positioning of the UE based on the location request message}; para 327,399); and
in a case that the positioning requirement is a positioning requirement associated with a sensing service, sending the positioning requirement to a second communication device and sending a sensing requirement to a third communication device (figure 4a [step 22]; para 229 {sensing service request message to an NEF}; para 242-243 {GMLC requests a location of the UE from a positioning network element… may be a location management function}; para 252 {The GMLC, AMF, or LMF initiates positioning of the UE based on the location request message …}; para 261 {network element sends a sensing control request message to the first network element}; figs 11-17; and see throughout the disclosure).
Regarding claim 19:
Ying discloses a non-transitory readable storage medium, storing a program or instructions, wherein the program or the instructions, when being executed by a processor, implement the steps (figures 18-19; para 851-965; para 966, 974-983);
receiving a positioning requirement (figure 3; para 241 {NEF network element sends a location request message to the GMLC network element} [here GMLC receive the location/position request or requirement]; figure 4a; figs 4b, fig 5-6; para 252 {GMLC, AMF, or LMF initiates positioning of the UE based on the location request message}; para 327,399); and
in a case that the positioning requirement is a positioning requirement associated with a sensing service, sending the positioning requirement to a second communication device and sending a sensing requirement to a third communication device (figure 4a [step 22]; para 229 {sensing service request message to an NEF}; para 242-243 {GMLC requests a location of the UE from a positioning network element… may be a location management function}; para 252 {The GMLC, AMF, or LMF initiates positioning of the UE based on the location request message …}; para 261 {network element sends a sensing control request message to the first network element}; figs 11-17; and see throughout the disclosure).
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.
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.
Claim(s) 10, 14, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ying et al. (US 2024/0205639) in view of Zhang et al. (US 2024/0214976).
Regarding claim 10:
Ying discloses a sensing-based positioning method and system (see figures; abstract), comprising:
obtaining, by a third communication device, a sensing requirement, wherein the sensing requirement is sent by a first communication device in a case that a positioning requirement received by the first communication device is a positioning requirement associated with sensing service (see figure 3; para 241, partially reproduced herein with emphasis {NEF network element sends a location request message to the GMLC network element} [here GMLC receive the location/position request or requirement]; figure 4a [step 22, sensing service request or requirement]; para 229, 242-243; para 273, 307; fig 4b, 6a; fig 5-6; para 252 {GMLC, AMF, or LMF initiates positioning of the UE based on the location request message}; para 327,399; and throughout).
Ying discloses all of the subject matter as described above, except for specifically teaching that obtaining first information according to the sensing requirement, wherein the first information comprises at least one of signal configuration information or a measurement quantity, the signal configuration information is used for sensing measurement and/or positioning measurement, and the measurement quantity is a measurement quantity used for sensing measurement and/or positioning measurement; and
sending the first information to at least one of a second communication device or a fourth communication device, wherein the second communication device comprises a terminal and/or a base station associated with the positioning requirement, and the fourth communication device comprises a terminal and/or a base station associated with the sensing requirement.
However, Zhang in the same field of endeavor discloses a system and method for data communication where obtaining first information according to the sensing requirement, wherein the first information comprises at least one of signal configuration information or a measurement quantity, the signal configuration information is used for sensing measurement and/or positioning measurement, and the measurement quantity is a measurement quantity used for sensing measurement and/or positioning measurement (note: optional claim language requires one element) (see Zhang, para 6-8; para 15 {the sensing requirement includes a service precision, geographical location information, beam direction information, a scanning periodicity, a sensing time, and a quantity of sampling points}; para 175 {sensing request carries at least one of the following: a sensing data type, sensing configuration information..}); and
sending the first information to at least one of a second communication device or a fourth communication device, wherein the second communication device comprises a terminal and/or a base station associated with the positioning requirement, and the fourth communication device comprises a terminal and/or a base station associated with the sensing requirement (note: optional claim language requires one element) (Zhang; para 100 [sensing, positioning]; para 125 [terminal device]; para 128 [access network device as node B]; para 141-145; see figures; para 164 {sends the sensing configuration information in the sensing request to the first access network device}; para 175; and throughout disclosure).
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 use teachings of Zhang in Ying in order to provide sensing response based on sensing requirement with improved performance of a sensing technology [3-6] (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Regarding claim 14:
Ying discloses all of the subject matter as described above and determining a sensing result according to the sensing requirement; and sending the sensing result to the first communication device (fig 4a [step 27]; fig 4b [step 78]; fig 6; para 266,714,727; and see throughout disclosure).
Regarding claim 18:
Ying discloses all of the subject matter as described above for claim 10, and further discloses a communication device (figures), comprising a processor (figures 18-19; processor 11 in fig 19), a memory (fig 19 [memory 12]), and a program or an instruction stored on the memory and runnable on the processor (para 851-965; para 966, 974-983), wherein when being executed by the processor implements the steps as above, thus claim 18 is rejected with similar rationale under the combined teachings of the prior art as described above.
Regarding claim 20:
Ying discloses all of the subject matter as described above for claim 10, and further discloses a non-transitory readable storage medium, storing a program or instructions, wherein the program or the instructions, when being executed by a processor (figures 18-19; para 851-965; para 966, 974-983), to implement the steps as described above, thus claim 20 is rejected with similar rationale under the combined teachings of prior art.
Allowable Subject Matter
Claims 11-13,15-16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al. (US 20240430649) discloses a wireless sensing method apparatus, and communication device.
Ganesan et al. (US 20230309066) discloses a system and method for autonomous sidelink resource selection.
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/HIRDEPAL SINGH/Primary Examiner, Art Unit 2631