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 .
Claim Objections
Claim 1 is objected to because of the following informalities: no method or apparatus claim specified. Appropriate correction is required.
The following rejection will be based on method as previous filed.
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.
Claims 1 and 8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) method of receiving/measuring/reporting steps. This judicial exception is not integrated into a practical application because the claimed functions is missing corresponding device/detail how the method is implemented. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the steps is missing element/device to fulfill the functions or any detail function to operate the method. Applicant is needs to amend the claim(s) by either adding device or further detail to overcome the abstract idea rejection.
Claim 8 is similarly rejected for missing the device/step to overcome the abstract idea.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1 and 8, the method of receiving/transmitting is missing where the signal is originated nor the destination of the signal, same as the step of Measuring/reporting of ToAs. Lastly, the claim language of “related to” is not a appropriate claim language especially to be considered as claim limitation. Dependent claims 2-3 appears not helping in overcome the 112 rejection for claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, 7 are rejected under 35 U.S.C. 102(a1) as being anticipated by Ng (US-20130083682-A1).
Regarding claims 1, 5, 7, Ng discloses a User Equipment (UE)/method comprising:
at least one processor (controller 425 in Fig. 4, paragraph 0036); and
at least one computer memory operatively coupled to the at least one processor (a processor controlling transmitting and receiving implies use of memory with instructions built in) and storing instructions which, when executed, cause the at least one processor to perform operations, wherein the operations include
receiving reference signals (RSs)(method for operating an user equipment is provided. The method includes receiving one or more signals from one or more transmission points for a coordinated multi-point (CoMP) transmission. The method also includes identifying a timing reference for receiving the coordinated multi-point (CoMP) transmission as a time when a signal is first received from one of the transmission points. In various embodiments, the timing reference may be based on at least one of a reference signal, paragraph 0006);
measuring times of arrival (ToAs) based on the RSs (identifying timing reference);
reporting a ToA for an earliest detected path among the ToAs (timing reference may be defined as a transmission point belonging to the CoMP measurement set with the earliest path arrival, , paragraph 0044-0045) wherein information related to a RS resource (CoMP) is reported with the ToA for the earliest detected path.
Regarding claims 8-9, Ng discloses a base station and method comprising (refer to Fig. 1 and Fig. 7 RS signal is communicated between UE and BS which implies similar signaling happens on both BS and UE):
at least one processor; and
at least one computer memory operatively coupled to the at least one processor and storing instructions which, when executed, cause the at least one processor to perform operations,
wherein the operations include
transmitting reference signals (RSs)(uplink and downlink transmission and reception timing for CoMP communication, paragraph 0048);
receiving a time of arrival (ToA) for an earliest detected path among ToAs; wherein the ToAs are measured based on the RS (CoMP)s, and
wherein information related to a RS resource is received with the ToA for the earliest detected path.
Regarding claim 2, Ng discloses wherein the information related to the RS resource is a Positioning Reference Signal (PRS) resource ID (cell identifier, paragraph 0057)(CoMP scheme and reference signal timing is used to calculate timing and positioning purposes).
Regarding claim 3, Ng discloses wherein the RSs are Positioning Reference Signals (PRSs) or Channel State Information Reference Signals (CSI-RSs)(CSI-RS, paragraph 0042).
Regarding claim 10, Ng discloses wherein the UE is capable of communicating with at least one of another UE, a network, a base station, or an autonomous driving vehicle (se Fig. 5, wireless network, paragraph 0038).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY K LIU whose telephone number is (571)270-1338. The examiner can normally be reached on every M-F 10 AM to 6:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, please leave a voice message with application serial number and nature of call, a response within 24 hours can be expected during regular business days. Also, the Examiner’s supervisor Hodge, Robert W. can be reached at (571) 272-6496. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2338.
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/HARRY K LIU/Primary Examiner, Art Unit 3645 Tel: (571) 270-1338
Fax: (571) 270-2338
Email: harry.liu@uspto.gov
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