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 .
Response to Amendment
The amendments to the claims filed on 06/04/2026 has been entered. Amendments to the claims have overcome each and every objection to the claims.
Response to Arguments
Applicant’s arguments with respect to claims 1, 7-11, 13, 18-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Penna et al. (US-12339384-B2, filed on April 4th, 2020) hereinafter Penna in view of Duan et al. (US-20240430840 -A1, EFD: March 5th, 2021) hereinafter Duan.
For examination purposes, claims 1-7 referring to a communication method, claims 8-12 referring to a second, claims 13-18 referring to an access network device and claims 19-20 referring to a location management function are henceforth grouped together for claims mirroring the same limitations or which disclose analogous art to the invention as claimed.
Regarding Claims 1 and 13, Penna discloses a communication method and access network device, comprising: sending, by an access network device (Penna, par. 27; The wireless network 100 may include a network element or elements 190 that may include core network functionality, and which provides connectivity via a link or links 181 with a data network 191, such as a telephone network and/or a data communications network (e.g., the Internet). Such core network functionality for 5G may include access and mobility management function(s) (AMF(s)) and/or user plane functions (UPF(s)) and/or session management function(s) (SMF(s))), information about at least one assistant device to a location management function (LMF) network element (Penna, par. 27; One such function may also be a Location Management Function (LMF) 70), wherein the information about the at least one assistant device is used by the LMF network element to determine a location of a terminal device (Penna, fig. 5A, par. 65; this figure is a signaling diagram for UE positioning aided by reconfigurable reflecting surfaces such as Intelligent Reflecting Surfaces (IRS). The entities in the signaling diagram are the following: a Location Management Function (LMF) 70 (e.g., implemented by a network node 190); a serving gNB 170, an IRS system 90, and a UE 110), wherein the information about the at least one assistant device comprises one or more of: a latency of the at least one assistant device, information about an uplink beam angle of an uplink positing signal from the at least one assistant device to the access network device (Penna, par. 72; the UE measures AoA on an IRS path. In concept 2 (C-2), the UE measures multiple ToA and AoA. The choice between C-1 or C-2 depends on angle and time resolutions), a distance between the at least one assistant device and the access network device, or signal propagation time between the at least one assistant device and the access network device and the at least one assistant device is configured to reflect or forward an uplink positioning signal from the terminal device (Penna, par. 75; the UE determines if a receiver can detect an IRS reflection with time AND space resolution … may include one or more of signal switching on/off, signal phase, group delay or signal amplitude … the UE 100 receives indications of the IRS configuration in signaling 540. In block 610, the UE 110 performs positioning measurements per the IRS configuration. As examples, the positioning measurements can include AoA, ToA, RSRP, and channel estimation, or some combination of these) Examiner notes, per applicant’s specifications, the assistance device can be any of an intelligent reflective surface, a positioning assistance, positioning reflector, a reflector etc. see par. 186.
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Penna does not explicitly teach the signal reflected by the assistance device being that of an uplink positioning signal. However, in analogous art Duan discloses a RIS aided uplink positioning signal method. The method which comprises positioning determination of the UE using and uplink positioning reference signal and methods to calculate the angle of departure, angle of arrival latency in the form od round trip time and uplink observed time difference of arrival (Duan, par. 119; The LMF 120 may support positioning of the UE 105 when the UE 105 accesses the NG-RAN 135 and may support position procedures/methods such as Assisted GNSS (A-GNSS), Observed Time Difference of Arrival (OTDOA) (e.g., Downlink (DL) OTDOA or Uplink (UL) OTDOA), Round Trip Time (RTT), Multi-Cell RTT, Real Time Kinematic (RTK), Precise Point Positioning (PPP), Differential GNSS (DGNSS), Enhanced Cell ID (E-CID), angle of arrival (AOA), angle of departure (AOD), and/or other position methods) see also fig. 13, pars. 210-214 and fig. 22.
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Therefore a person of ordinary skill in the art before the effective filing date of the claimed invention seeking to obtain the position of a terminal device using uplink signal information would have found it obvious to combine Penna’s teachings for UE positioning aided by RIS panels with Duan’s RIS aided uplink signaling techniques to enhance UE position determination in non-line of sight environments.
Regarding Claims 2 and 14, The combination of Penna and Duan further teach the method and access network device according to claims 1 and 13, wherein before sending the information about the at least one assistant device to the LMF network element, the method further comprises: receiving, by the access network device, second information from the LMF network element, wherein the second information indicates the access network device to report the information about the at least one assistant device (Penna, par. 68; The LME 70 sends a measurement request 510 to the serving gNB 170. In signaling 520, the LMF 70 also sends an IRS setting for measurements to the serving gNB 170. This allows the serving gNB 170 to determine one or more IRS configurations, which the serving gNB 170 sends to the IRS system 90 in signaling 530).
Regarding Claims 3 and 15, The combination of Penna and Duan further teach the method and access network device according to claims 1 and 13, comprising: receiving, by the access network device, an uplink positioning signal from the at least one assistant device (Duan, par. 95; a base station may provide information to a UE as to a receive beam that will be used (e.g., by a RIS) to receive uplink signals from the UE), wherein the uplink positioning signal is sent by the terminal device (Duan, par. 207; The UE 600 may be configured to transmit UL-PRS, also called SRS for positioning, as type-1 (non-RIS-reflected) or type-2 (RIS-reflected) signals); and sending, by the access network device, a measurement result, determined based on the uplink positioning signal, to the LMF network element (Penna, par. 72; The LMF 70 sends a PRS scheduling request to the serving gNB via signaling 547. In signaling 550, the serving gNB 170 transmits Positioning Reference Signals (PRSs) to the IRS system 90, which turns the elements of the IRS array on or off or creates an active reflector (e.g., based on phase) with these elements. See block 560. The serving gNB sends a PRS transmission in signaling 570 to the UE 110. The UE makes one or more measurements, including one or more of RSRP, channel (CH) estimation (EST), and precoder information. The UE sends one or more measurement reports, including indications of any of the measurement information to the serving gNB, in signaling 590. The serving gNB sends a positioning measurement collection (e.g., at least for this UE 110) to the LMF 70 in signaling 593. The LMF 70 uses the position measurement collection to perform an IRS-aided positioning algorithm in block 595. One example of the IRS-aided positioning algorithm determines one or more position coordinates (see block 597) corresponding to the UE).
Regarding Claims 4 and 16, The combination of Penna and Duan further teach the method and access network device according to claims 3 and 15, wherein before sending, by the access network device, the measurement result to the LMF network element, the method further comprises: receiving, by the access network device, first information from the LMF network element (Penna, par. 72; The LMF 70 sends a PRS scheduling request to the serving gNB), wherein the first information indicates the access network device to report the measurement result (Penna, par. 72; The serving gNB sends a positioning measurement collection … IRS-aided positioning algorithm determines one or more position coordinates).
Regarding Claim 5 and 17, The combination of Penna and Duan further teach the method and access network device according to claims 3 and 15, wherein the measurement result comprises one or more of: the information about the at least one assistant device, relative time of arrival (RTOA) (Penna, fig. 4A, par. 47; These signals can be resolved. For instance, legacy methods are designed to use reflector paths and assume high time-resolutions for ToA measurements and narrow beams for angle-measurements), or a time difference of arrival (TDOA) (Duan, par. 155; One or more of many different positioning techniques (also called positioning methods) may be used to determine position of an entity such as one of the UEs 105, 106. For example, known position-determination techniques include RTT, multi-RTT, OTDOA (also called TDOA and including UL-TDOA and DL-TDOA), Enhanced Cell Identification (E-CID), DL-AoD, UL-AoA, etc).
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Regarding to Claim 6, The combination of Penna and Duan further teach the method of claim 1, wherein a direct path exists between the at least one assistant device and the access network device (Penna, Fig. 4A, par. 47; the base station 170 has a line of sight (LOS) signal to the UE 110, characterized by the matrix H.sub.LOS, and at an angle from a surface of reflector 420 of A.sub.LOS. The base station 170 also has a reflected signal characterized by a matrix H.sub.NLOS1, which is reflected from the reflector 420 to the UE 110)
Regarding Claim 7 and 18, The combination of Penna and Duan further teach the method and access network device according to claims 1 and 13, wherein the information about the at least one assistant device further comprises one or more of: an identifier of the at least one assistant device (Duan, par. 180; the signal 556 may include the TRP ID of the TRP 510 and a RIS ID of the RIS 520, and the signal 557 may include the TRP ID of the TRP 510 and a RIS ID of the RIS 521), or a location of the at least one assistant device (Penna, par. 72; It should be noted that this is performed with knowledge of a location of the reconfigurable reflecting surface).
Regarding Claims 8 and 19, Penna discloses a communication method and LMF apparatus comprising: receiving, by a location management function (LMF) network element (Penna, par. 55; A procedure whereby the UE reports the number of resolvable multipath components, in the time domain and in the angular domain, to the BS or to a network entity called “location management function (LMF)”, for the enhancement of OTDOA-based positioning), information about at least one assistant device from an access network device (Penna, fig. 5A, par. 65; this figure is a signaling diagram for UE positioning aided by reconfigurable reflecting surfaces such as Intelligent Reflecting Surfaces (IRS). The entities in the signaling diagram are the following: a Location Management Function (LMF) 70 (e.g., implemented by a network node 190); a serving gNB 170, an IRS system 90, and a UE 110), wherein the information about the at least one assistant device is used by the LMF network element to determine a location of a terminal device (Penna, par. 55; A procedure whereby the UE reports the number of resolvable multipath components, in the time domain and in the angular domain, to the BS or to a network entity called “location management function (LMF)”, for the enhancement of OTDOA-based positioning) see also par. 65, wherein the information about the at least one assistant device comprises one or more of: a latency of the at least one assistant device, information about an uplink beam angle of an uplink positing signal from the at least one assistant device to the access network device (Penna, par. 72; the UE measures AoA on an IRS path. In concept 2 (C-2), the UE measures multiple ToA and AoA. The choice between C-1 or C-2 depends on angle and time resolutions), a distance between the at least one assistant device and the access network device, or signal propagation time between the at least one assistant device and the access network device (Penna, par. 117; he received and measured {r, Θ} are compared, e.g., by a network node such as the LMF, against the tuples {x, r, Θ}, in the database, and the tuple with the closest match of {r, Θ} is selected. As an example, the match between measurement and database may be established by distance functions), and the at least one assistant device is configured to reflect or forward the uplink positioning signal from the terminal device.
Penna does not explicitly teach the signal reflected by the assistance device being that of an uplink positioning signal. However, in analogous art Duan discloses a RIS aided uplink positioning signal method. The method which comprises positioning determination of the UE using and uplink positioning reference signal and methods to calculate the angle of departure, angle of arrival latency in the form od round trip time and uplink observed time difference of arrival (Duan, par. 119; The LMF 120 may support positioning of the UE 105 when the UE 105 accesses the NG-RAN 135 and may support position procedures/methods such as Assisted GNSS (A-GNSS), Observed Time Difference of Arrival (OTDOA) (e.g., Downlink (DL) OTDOA or Uplink (UL) OTDOA), Round Trip Time (RTT), Multi-Cell RTT, Real Time Kinematic (RTK), Precise Point Positioning (PPP), Differential GNSS (DGNSS), Enhanced Cell ID (E-CID), angle of arrival (AOA), angle of departure (AOD), and/or other position methods) see also fig. 13 and 15, pars. 210-214 and fig. 22.
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Therefore a person of ordinary skill in the art before the effective filing date of the claimed invention seeking to obtain the position of a terminal device using uplink signal information would have found it obvious to combine Penna’s teachings for UE positioning aided by RIS panels with Duan’s RIS aided uplink signaling techniques to enhance UE position determination in non-line of sight environments.
Regarding Claims 9 and 20, The combination of Penna and Duan further teach the method and LMF according to claims 8 and 19, further comprising: one or more of: an identifier of the at least one assistant device (Duan, par. 180; the signal 556 may include the TRP ID of the TRP 510 and a RIS ID of the RIS 520, and the signal 557 may include the TRP ID of the TRP 510 and a RIS ID of the RIS 521), or a location of the at least one assistant device (Penna, par. 72; It should be noted that this is performed with knowledge of a location of the reconfigurable reflecting surface).
Regarding Claim 10, The combination of Penna and Duan further teach the method according to claims 8, wherein before receiving the information about the at least one assistant device, further comprising: sending, by the LMF network element, second information to the access network device, wherein the second information indicates the access network device to report the information about the at least one assistant device (Penna, par. 68; The LME 70 sends a measurement request 510 to the serving gNB 170. In signaling 520, the LMF 70 also sends an IRS setting for measurements to the serving gNB 170. This allows the serving gNB 170 to determine one or more IRS configurations, which the serving gNB 170 sends to the IRS system 90 in signaling 530).
Regarding Claim 11, The combination of Penna and Duan further teach the method according to claims 8, further comprising: receiving, by the LMF network element, a measurement result from the access network device, wherein the measurement result comprises the information about the at least one assistant device (Duan, fig. 14, par. 222; At stage 1470, the UE 1402 may transmit a type-1 PRS measurement report 1471 and/or a type-2 PRS measurement report 1472. If the corresponding DL-PRS 1411, 1452 was not received or measured, then the measurement report 1471, 1472 may indicate this, or the corresponding measurement report(s) 1471, 1472 may not be transmitted); and determining, by the LMF network element, the location of the terminal device based on the measurement result (Penna, par. 72; The serving gNB sends a positioning measurement collection … IRS-aided positioning algorithm determines one or more position coordinates).
Regarding Claim 12, The combination of Penna and Duan further teach the method according to claims 11, further comprising: receiving, wherein the measurement result comprises one or more of: the information about the at least one assistant device, relative time of arrival (RTOA) (Penna, fig. 4A, par. 47; These signals can be resolved. For instance, legacy methods are designed to use reflector paths and assume high time-resolutions for ToA measurements and narrow beams for angle-measurements), or a time difference of arrival (TDOA) (Duan, par. 155; One or more of many different positioning techniques (also called positioning methods) may be used to determine position of an entity such as one of the UEs 105, 106. For example, known position-determination techniques include RTT, multi-RTT, OTDOA (also called TDOA and including UL-TDOA and DL-TDOA), Enhanced Cell Identification (E-CID), DL-AoD, UL-AoA, etc).
It is noted that any citations to specific pages, columns, lines or figures in the prior art
references and any interpretation of the reference should not be considered limiting in any way. A
reference is relevant for all it contains and may be relied upon for all that it would have reasonably
suggested to a person of ordinary skill in the art. See MPEP 2123
Other Relevant References Not Relied Upon
Yu et al. (US-20240129894-A1) Positioning Method And Apparatus, 2023. A positioning method and apparatus. A location management network element sends first indication information to a network device, where the first indication information is useable by the network device to measure a signal that is sent by a terminal device and that is reflected by a reflection panel. After receiving the first indication information, the network device measures the signal reflected by the reflection panel, and reports a measurement result to the location management network element. The location management network element determines a location of the terminal device based on location information of the network device, location information of the reflection panel, and the measurement result. In response to a line-of-sight (LOS) path between the terminal device and the network device being blocked, a signal on the LOS path cannot be directly transmitted and measured.
Sun (US-20230199734-A1) Resource Allocation Method And Apparatus, 2023. This application provides a resource allocation method and apparatus, and relates to the communication field, so that an IRS array control parameter can be determined by using a flexible slot resource, and transmission of uplink data and downlink data is not affected. The method includes: A terminal device obtains resource indication information, where the resource indication information indicates an uplink UL transmission resource and a downlink DL transmission resource in a flexible slot, and the flexible slot is used to determine an intelligent reflecting surface IRS array control parameter. The terminal device performs UL transmission and DL transmission based on the resource indication information.
Akkarakaran et al. (US-11885896-B2) Positioning Methods For Wireless Networks That Utilize Beamformed Communication, 2024. Positioning methods suitable for use in a wireless network that utilizes beamformed communication are disclosed. In an aspect, a range and/or granularity for reporting a reference signal timing difference (RSTD) may be configurable according to one or more beam parameters (e.g., a repetition factor, a beam shape, a frequency band, a subcarrier spacing numerology, a cyclic prefix, etc.). In another aspect, a transmitting node may transmit one or more parameters associated with a beam used to transmit a positioning reference signal (e.g., an angle of departure, a zenith of departure, a beamwidth, etc.). According to another aspect, a cyclic prefix length for a positioning reference signal that a transmitting node transmits via one or more beams may be configured to increase a number of neighbor cells visible to a receiving node
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO R CAMPERO MIRAMONTES whose telephone number is (571)272-5792. The examiner can normally be reached Monday -Thursday 0600 - 1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen (Kevin) Pan can be reached at (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIO R CAMPERO MIRAMONTES/ Examiner, Art Unit 2649
/YUWEN PAN/ Supervisory Patent Examiner, Art Unit 2649
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