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 Arguments
Applicant argues, Bao is not only silent with respect to the highly advantageous feature that causing the target to report the radio channel information is performed during a silent call but also does not provide any hint pointing in such a direction.
Applicant’s arguments with respect to claim(s) 1-15 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.
Applicant argues independent claims 1 and 11 to further recite the technical feature that causing the target to report the radio channel information is performed during a silent call. The amendments not only ensure novelty but also the non-obviousness of the present claimed subject matter. In this context, it is to be pointed out that said feature is particularly advantageous because in synergistic combination with the remaining features of each of the independent claims, with the special aid of the above-mentioned highly advantageous feature, a target can be localized without disturbing the current operation of said target, exemplarily usage of the target by a user.
In response to applicant's argument that said feature is particularly advantageous because in synergistic combination with the remaining features of each of the independent claims, with the special aid of the above-mentioned highly advantageous feature, a target can be localized without disturbing the current operation of said target, exemplarily usage of the target by a user, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200273129 A1 – teaches an interrogation apparatus, a silent call with a mobile apparatus in a radio cell; implementing, with a mobile platform, at least three transmit radio beams each with a distinct transmission direction in relation to the mobile platform; receiving a measurement report from the mobile apparatus including received downlink power levels of the radio cell and at least one of the three transmit radio beams; receiving a geographical location of the mobile platform; obtaining a geographical orientation of the mobile platform; and calculating a geographical location of the mobile apparatus based on the received downlink power levels, the geographical location of the mobile platform, the distinct transmission directions, and the geographical orientation of the mobile platform.
US 20200178322 A1 teaches - when the target UE is under surveillance, the target UE is imposed an emergency mode or a no-service mode. Therefore, the user of the target UE may switch-off the target UE which makes the tracking of the target UE impossible. Unlike to the conventional methods and systems, in the proposed method the target UE will be in service mode and indicate the same by displaying a 4G symbol. Therefore, there is no scope of suspicion to the user of the target UE due to sudden switching-off of the service. However a silent call is run in the background to continuously track the location of the target UE.
US 20160286353 A1 teaches a transmitter that solicits multiple terminals 24 to transmit, in order to cause the transmissions to be intercepted by detector units 40. For example, the transmitter may transmit silent calls or silent SMS messages (also referred to as “stealth SMS” or “stealth ping”) to multiple terminals simultaneously. Such messages are typically unnoticeable by users 28. Terminals 24 respond to the silent calls or SMS messages by transmitting on the uplink, and the uplink transmissions are subsequently detected and located by detector units 40 using the techniques described above.
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.
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) 1-6, and 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boa et al. WO 2022/220933 A2, hereinafter, ‘Boa’ in view of GERSHONY US Patent Pub No.: 2022/0022156 A.
Consider Claim 1, Bao teaches localization device for localizing a target communicating wirelessly with multiple base stations (e.g., see at least UE device and base station in the figure 1 and 0040), the localization device comprising: a control unit(e.g., figure 2), and a communication unit connected to the control unit(e.g., figure 2), wherein the control unit is configured to cause the target with the aid of the communication unit to report radio channel information with respect to at least two of the multiple base stations in the case that the location of the localization device is known(e.g., the UE can calculate its own location or use UE-assisted location determination as outlined in at least 0084-0085 ) or with respect to at least three of the multiple base stations otherwise, and wherein the control unit is configured to localize the target on the basis of the radio channel information (e.g., see at least figure 11 and 0134-0138 – “request for first position …measure…”- see also figure 5-6 ).
However, Bao does not specifically teach wherein said causing the target to report the radio channel information is performed during a silent call.
In analogous art, Gershony teaches a system for localizing cellphones served by commercial network of base-stations and operative in conjunction with at least one catcher including a catcher-controller, and at least one transmitter and at least one receiver, thereby to define an area of coverage for the catcher, the system comprising at least one DF/geolocation module including a DF/geolocation controller and at least one set of receivers operative to receive uplink signal/s transmitted by cellphone/s. In at least 0172 the method is shown to include - “Periodically or continuously, the catcher “activates” one or more targets, each with a specific assigned SRS (aka SRS code). Activation typically includes paging of only the selected target UEs and not of other phones which are not targets, and/or “silent call” towards the selected target UEs and not to other phones which are not targets.”
Paragraph 0173 teaches “The activated target UE/s respond/s to the catcher with uplink transmissions (aka uplink signals) that contains the SRS code that the catcher assigned to that target in operation 20.”
Paragraph 0174 teaches “Module 330 performs RF reception/detection of the uplink transmissions arriving from the targets, and correlation of uplink signal(s) of each target including digitization to create base band I/Q samples of the required up link frequency band(s).”
Paragraph 0175 continues… “Module 330 performs correlation of the base band I/Q samples with the known SRS codes, and detects the specific up link signals of the required targets.”
And finally, Paragraph 0176 “explains -Generation of Location Data: For example, Direction Finding (DF) by Linear Antenna Array may be employed. Interferometer: uplink signals of target(s), as detected in operation 50, are received using multi-channel coherent sampling e.g. plural (say, 4) phase matched antennas and phase matched receivers with phase coherent sampling channels to generate samples of received signals. The 4 (say) channels' I/Q coherent samples are used to compute the “Direction of Arrival” (DOA) of the target uplink signals. It is appreciated that more generally, any Direction Finding (DF) algorithm may be applied to the plural channels.”
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to wherein said causing the target to report the radio channel information is performed during a silent call for the purpose of facilitating localization.
Consider Claim 2, Bao teaches wherein especially in the context of causing the target to report the radio channel information, the communication unit is configured to communicate with the target and/or at least a part of the multiple base stations(e.g., see base station communication example in figure 1), preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation)the multiple base stations, especially on the basis of at least one of the Global System for Mobile Communications standard, the Universal Mobile Telecommunications System standard, the Long Term Evolution standard, the Fifth Generation New Radio standard, the Sixth Generation Cognitive Radio Network standard, or any combination thereof(e.g., see communication technology noted in at least 0067).
Consider Claim 3, Bao teaches wherein the localization device further comprises an interface connected to the control unit (e.g., see at least figure 2), wherein the control unit is further configured to acquire the corresponding location of each of the multiple base stations (e.g., see at least 0083-0084- “…the base station almanac (BSA) that contains multiple ‘entries’ or ‘records’, one record per cell, where each record contains geographical cell location but also may include other data. An identifier of the ‘record’ among the multiple ‘records’ in the BSA may be referenced…The UE uses relevant BSA record information (e.g., locations of gNBs (more broadly base stations)) from the network.”), preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation) the corresponding location of each of the at least two of the multiple base stations in the case that the location of the localization device is known or the corresponding location of each of the at least three of the multiple base stations otherwise, via the interface(e.g., see at least 0083-0084- “…the base station almanac (BSA) that contains multiple ‘entries’ or ‘records’, one record per cell, where each record contains geographical cell location but also may include other data. An identifier of the ‘record’ among the multiple ‘records’ in the BSA may be referenced…The UE uses relevant BSA record information (e.g., locations of gNBs (more broadly base stations)) from the network.”).
Consider Claim 4, Bao teaches wherein the interface is configured to be connected to a database comprising the corresponding location of at least a part or each of the multiple base stations(e.g., see Base station almanac interaction noted in at least 0083-0084), preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation) the corresponding location of at least a part or each of the at least two of the multiple base stations in the case that the location of the localization device is known or the corresponding location of each of the at least three of the multiple base stations otherwise, and/or wherein the interface is configured to be connected to a measurement device for measuring the corresponding location of at least a part or each of the multiple base stations, preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation) the corresponding location of at least a part or each of the at least two of the multiple base stations in the case that the location of localization device the is known or the corresponding location of each of the at least three of the multiple base stations otherwise(e.g., see at least 0083-0084- “…the base station almanac (BSA) that contains multiple ‘entries’ or ‘records’, one record per cell, where each record contains geographical cell location but also may include other data. An identifier of the ‘record’ among the multiple ‘records’ in the BSA may be referenced…The UE uses relevant BSA record information (e.g., locations of gNBs (more broadly base stations)) from the network.”).
Consider Claim 5, Boa teaches wherein the radio channel information comprises or is radio bearer information with respect to the corresponding serving cell and/or at least one neighbor cell, preferably receive level and/or receive quality, more preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation)receive level and/or receive quality with respect to the multiple base stations, most preferably receive level and/or receive quality with respect to the at least two of the multiple base stations in the case that the location of the localization device is known or with respect to the at least three of the multiple base stations otherwise (e.g., see at least 0053 which describes the radio channel information, 0091-0094 described the characteristics of the PRS ).
Consider Claim 6, Boa teaches wherein, especially in the context of causing the target to report the radio channel information (e.g., see at least 0134 -0138), the control unit is configured to provide a radio channel list for the target with the aid of the communication unit (e.g., this is met based on the determining the frequency-this is how the UE determines where to tune based on the communication frequencies. Channel are known as frequency and the frequency bands determination is suggest in at least 0093 with respect to the PRS signal), wherein the target preferably (note: preferably is synonymous with optional. Applicant is reminded that the claims must be given the broadest reasonable interpretation) reports the radio channel information exclusively with respect to corresponding channels of the radio channel list (as noted in the above explanation - see at least 0093).
Consider claim 8, Bao teaches a system for localizing a target communicating wirelessly with multiple base stations, the system comprising: a localization device according to claim 1, and at least two of the multiple base stations in the case that the location of the localization device is known or at least three of the multiple base stations otherwise (e.g., see at least 0083-0084- “…the base station almanac (BSA) that contains multiple ‘entries’ or ‘records’, one record per cell, where each record contains geographical cell location but also may include other data. An identifier of the ‘record’ among the multiple ‘records’ in the BSA may be referenced…The UE uses relevant BSA record information (e.g., locations of gNBs (more broadly base stations)) from the network.” – see also GPS as noted in at least 0069).
Consider claim 9, Bao teaches wherein the system further comprises the target, wherein the target preferably comprises or is at least one of a mobile device, a phone, a laptop, or any combination thereof (e.g., another UE as noted based on the context of at least 0134-0138).
Consider claim 10. Boa teaches wherein the system further comprises a measurement device for measuring the corresponding location of at least a part or each of the multiple base stations(e.g., 0004-0008 outlines the measurement capabilities of the system and 0083-0084), preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation) the corresponding location of at least a part or each of the at least two of the multiple base stations in the case that the location of the localization device is known or the corresponding location of each of the at least three of the multiple base stations otherwise (e.g., 0004-0008 outlines the measurement capabilities of the system).
Consider claim 11, Bao teaches a method, especially performed by and/or using a localization device according to claim 1, for localizing a target communicating wirelessly with multiple base stations (e.g., see context of method outlined in at least figure 11), the method comprising the steps of: causing the target to report radio channel information with respect to at least two of the multiple base stations in the case that the location of the localization device is known or with respect to at least three of the multiple base stations otherwise especially with the aid of a control unit and a communication unit of the localization device, and localizing the target on the basis of the radio channel information especially with the aid of the control unit of the localization device(e.g., see at least figure 11 and 0134-0138 – “request for first position …measure…”- see also figure 5-6 ).
Consider claim 12, Bao teaches wherein especially in the context of causing the target to report the radio channel information, the method further comprises the step of communicating with the target and/or at least a part of the multiple base stations(e.g., see base station communication example in figure 1), preferably (note: preferably is synonymous with optional. Applicant is reminded that the claims must be given the broadest reasonable interpretation) the multiple base stations, especially on the basis of at least one of the Global System for Mobile Communications standard, the Universal Mobile Telecommunications System standard, the Long Term Evolution standard, the Fifth Generation New Radio standard, the Sixth Generation Cognitive Radio Network standard, or any combination thereof especially with the aid of the communication unit of the localization device(e.g., see communication technology noted in at least 0067).
Consider claim 13, Bao teaches wherein the method further comprises the step of acquiring the corresponding location of each of the multiple base stations(e.g., 0004-0008 outlines the measurement capabilities of the system and 0083-0084), preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation)the corresponding location of each of the at least two of the multiple base stations in the case that the location of the localization device is known or the corresponding location of each of the at least three of the multiple base stations otherwise, especially with the aid of the control unit via an interface of the localization device(e.g., 0004-0008 outlines the measurement capabilities of the system and 0083-0084).
Consider claim 14, Bao teaches wherein the method further comprises the steps of: connecting the interface of the localization device to a database comprising the corresponding location of at least a part or each of the multiple base stations(e.g., see at least 0083-0084- “…the base station almanac (BSA) that contains multiple ‘entries’ or ‘records’, one record per cell, where each record contains geographical cell location but also may include other data. An identifier of the ‘record’ among the multiple ‘records’ in the BSA may be referenced…The UE uses relevant BSA record information (e.g., locations of gNBs (more broadly base stations)) from the network.”), preferably (note: preferably is synonymous with optional. Applicant is reminded that the claims must be given the broadest reasonable interpretation) the corresponding location of at least a part or each of the at least two of the multiple base stations in the case that the location of the localization device is known the or corresponding location of each of the at least three of the multiple base stations otherwise, and/or connecting the interface of the localization device to a measurement device for measuring the corresponding location of at least a part or each of the multiple base stations, preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation) the corresponding location of at least a part or each of the at least two of the multiple base stations in the case that the location of the localization device is known or corresponding location of each of the at least three of the multiple base stations otherwise(e.g., see at least 0083-0084- “…the base station almanac (BSA) that contains multiple ‘entries’ or ‘records’, one record per cell, where each record contains geographical cell location but also may include other data. An identifier of the ‘record’ among the multiple ‘records’ in the BSA may be referenced…The UE uses relevant BSA record information (e.g., locations of gNBs (more broadly base stations)) from the network.”).
Consider claim 15, Bao teaches wherein especially in the context of causing the target to report the radio channel information, the method further comprises the step of providing a radio channel list for the target especially with the aid of the control unit and the communication unit of the localization device, wherein the target preferably (note: in this context preferably is synonymous with optional (i.e., it is preferred, but not necessary in the case of an unavailable choice). Applicant is reminded that the claims must be given the broadest reasonable interpretation) reports the radio channel information exclusively with respect to corresponding channels of the radio channel list(e.g., this is met based on the determining the frequency-this is how the UE determines where to tune based on the communication frequencies. Channel are known as frequency and the frequency bands determination is suggest in at least 0093 with respect to the PRS signal).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boa et al. WO 2022/220933 A2, hereinafter, ‘Boa’ in view of GERSHONY US Patent Pub No.: 2022/0022156 A and further in view of Liu et al. US Patent Pub. No.: 2019/0037525 A1, hereinafter, ‘Liu’.
Consider Claim 7, Bao teaches the claimed invention except wherein the radio channel list comprises or is a list comprising radio channels with respect to the corresponding serving cell and/or at least one neighbor cell, and/or wherein the radio channel list comprises or is a broadcast control channel allocation list, and/or wherein the radio channel list comprises exclusively the absolute radio frequency channel numbers that correspond to base stations being in communication with the communication unit and/or having known locations.
In analogous art, Liu teaches in [0091] UE 215 may receive at least one PRS transmission during a PRS occasion. The PRS occasion may include a number of repetitions of PRS subframes. UE 215 may perform linking of the number of repetitions of PRS subframes within the PRS occasion, and detect a transmission and estimate a delay jointly based on the linking. This may be achieved by having base station 205 provide the cell identifiers of network device 220 and network device 225, a channel list, the PRS configuration including the frequency hopping pattern, to UE 215. UE 215 may determine the frequency hopping pattern and PRS transmission sequence using the cell identifiers. In addition, UE 215 may also identify the timing information and resources from the PRS configuration. UE 215 may descramble transmission sequence, and perform coherent combining across all PRS repetition subframe within one PRS occasion for joint transmission detection and delay estimation.
[0112] … To improve positioning using coverage enhanced DRS, a serving cell may provide to a UE neighboring cell information associated with one or more neighboring cells. The neighboring cell information may include a cell identifier, a frequency hopping pattern, a channel list, or a PRS configuration, or any combination thereof. In some cases, the neighboring cell information may be communicated to a UE during a RRC connection and configuration procedure.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein the radio channel list comprises or is a list comprising radio channels with respect to the corresponding serving cell and/or at least one neighbor cell, and/or wherein the radio channel list comprises or is a broadcast control channel allocation list, and/or wherein the radio channel list comprises exclusively the absolute radio frequency channel numbers that correspond to base stations being in communication with the communication unit and/or having known locations for the purpose of determining the location of a UE.
Conclusion
Additional prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jo et al. US Patent Pub. No.: 2009/0312037 A1, teaches apparatus for storing base station information 250 can store location information for each of the base stations. The apparatus for estimating location of terminal 240 can receive the location information for each of the base station, and estimate the location of the terminal further considering base station information. The signal strength of base station signal or the number of base station signals received in the terminal 230 can be considered for the location estimation of the terminal 230 to obtain the relative location of the terminal 230 from the base stations 210 and 220. That is, it is possible to estimate that the terminal 230 is located from a predetermined certain distance in the predetermined direction from base stations 210 and 220.
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.
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/CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
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