DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 04/08/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
3. Applicant’s arguments with respect to claims 1 and 12 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
4. Due to new findings in the prior art, the allowable subject matter of claims 8-0 of the last office action is withdrawn. Thus, this office is made non-final rejection.
Claim Construction
5. Contingent Limitations:
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.
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.
Claim 1 recites the following contingent limitations: “wherein the association information is determined by the following way: determining the association information based on whether SRS-Pos resources in an SRS-Pos resource set belong to a same transmission timing error group.” Claim 1 is drafted as a method (process), a "determining the association information based on whether SRS-Pos resources in an SRS-Pos resource set belong to a same transmission timing error group" clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the BRI of claim 1 requires the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
Claim 7 recites the following contingent limitations: “in case that the association information is configured to the SRS-Pos resource set, it indicates that all SRS-Pos resources in the resource set have same transmission timing error information; and in case that the association information is configured to the SRS-Pos resource, it indicates that different SRSs-Pos resources in the resource set have different transmission timing error information.” Claim 7 is drafted as a method (process), a "in case that the association information is configured to the SRS-Pos resource set, it indicates that all SRS-Pos resources in the resource set have same transmission timing error information; and in case that the association information is configured to the SRS-Pos resource, it indicates that different SRSs-Pos resources in the resource set have different transmission timing error information" clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the BRI of claim 7 requires the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
6. 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.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 102
7. 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.
8. Claims 1-2, and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nokia et al., "Views on mitigating UE and gNB Rx/Tx timing errors", 3GPP TSG RAN WG1 #105-e, e-Meeting, May 10th-27th, 2021, total 8 pages, R1- 2105512 (hereinafter Nokia). (Nokia is disclosed in the IDS filed on 02/05/2024).
Regarding claim 1:
As shown in figures 1-4, Nokia discloses a method for transmitting timing error association information, applied to a terminal device (see introduction (TX timing error)), comprising:
transmitting association information between a sounding reference signal for positioning (SRS-Pos) resource or SRS-Pos resource set and transmission timing error information to a network side device (see Nokia, page 6, Alt.2: Support a UE to provide the association information of a UE Rx-Tx time difference measurement with a UE RxTx TEG- to LMF according to the one of the 2 following options:
Option 1: the UE RxTx TEG is associated with one or more {DL PRS resource, UL Positioning SRS resource} pairs…
Option 2: the UE RxTx TEG is associated with one or more {Rx TEG, Tx TEG} pairs where the RxTEG is used to receive the DL PRS and the Tx TEG is used to transmit the UL Positioning SRS…
For both alternatives, the UE may provide the association information of SRS resources for positioning to UE Tx TEG to LMF);
wherein the association information is determined by the following way:
determining the association information based on whether SRS-Pos resources in an SRS-Pos resource set belong to a same transmission timing error group.
Claim 1 recites the following contingent limitations: “wherein the association information is determined by the following way: determining the association information based on whether SRS-Pos resources in an SRS-Pos resource set belong to a same transmission timing error group.” Claim 1 is drafted as a method (process), a "determining the association information based on whether SRS-Pos resources in an SRS-Pos resource set belong to a same transmission timing error group" clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the broadest reasonable interpretation (BRI) of claim 1 requires the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
Regarding claim 2:
Nokia further discloses wherein transmitting the association information between the SRS-Pos resource or SRS-Pos resource set and the transmission timing error information to the network side device (see introduction (TX timing error)) comprises:
transmitting the association information to a location management function (LMF) (see page 6, Alt 2); or
transmitting the association information to a base station; or
transmitting the association information to an LMF via a base station;
wherein the network side device comprises the LMF or the base station (see page 6, Alt 2).
Regarding claim 4:
Nokia further discloses
transmitting multiple SRSs-Pos using a same radio frequency link during one positioning measurement (figure 4 shows transmitting multiple SRSs-Pos using a same radio frequency link during one positioning measurement); or
reporting a mapping relationship between a transmission timing error information ID and a range of transmission timing error to the network side device; or
reporting timestamp information corresponding to the association information for indicating the association information being valid to the network side device; or
reporting configuration information of a sounding reference signal for MIMO (SRS-MIMO) and/or association information between SRS-MIMO and the transmission timing error information to the network side device; or
after receiving a capability request transmitted from the network side device, transmitting a response message to the network side device to indicate whether the terminal device is able to provide the association information, and in case that the terminal device is able to provide the association information, carrying the association information in the response message.
Regarding claim 5:
Nokia further discloses after receiving an association information request message transmitted from the network side device (see page 1, “Introduction”), determining a reporting content and/or a reporting path of the association information based on an indication of the association information request message (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”):
wherein the reporting path comprises directly (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”) or indirectly reporting the association information; and
the reporting content comprises a granularity, an additional content, and a format of the association information.
Regarding claim 6:
Nokia further discloses transmitting ProvideLocationlnformation to the network side device and carrying the association information in a ProvideLocationlnformation information element (IE) (see 2.3 TEG Handling, on pages 5-6).
Regarding claim 7:
Nokia further discloses wherein, in case that the association information is configured to the SRS-Pos resource set, it indicates that all SRS-Pos resources in the resource set have same transmission timing error information; and in case that the association information is configured to the SRS-Pos resource, it indicates that different SRSs-Pos resources in the resource set have different transmission timing error information.
Claim 7 recites the following contingent limitations: “wherein, in case that the association information is configured to the SRS-Pos resource set, it indicates that all SRS-Pos resources in the resource set have same transmission timing error information; and in case that the association information is configured to the SRS-Pos resource, it indicates that different SRSs-Pos resources in the resource set have different transmission timing error information.” Claim 7 is drafted as a method (process), a "wherein, in case that the association information is configured to the SRS-Pos resource set, it indicates that all SRS-Pos resources in the resource set have same transmission timing error information; and in case that the association information is configured to the SRS-Pos resource, it indicates that different SRSs-Pos resources in the resource set have different transmission timing error information” clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the broadest reasonable interpretation (BRI) of claim 7 requires the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
Regarding claim 8:
As shown in figures 1-4, Nokia discloses a method for transmitting timing error association information, applied to a network side device (see introduction (TX timing error)), comprising:
receiving (see Nokia figure 4) association information between a sounding reference signal for positioning (SRS-Pos) resource or SRS-Pos resource set and transmission timing error information transmitted from a terminal device (see Nokia, page 6, under title “agreement”, Alt 2, option 1 and option 2); and
positioning the terminal device based on the association information (see Nokia, page 1, “UE RxTx 'timing error group' (UE RxTx TEG): AUE RxTx TEG is associated with one or more UE Rx-Tx time difference measurements, and one or more UL SRS resources for the positioning purpose, which have the 'Rx tuning errors+Tx timmg errors' within a certain margin”. Also see pages 4-5).
Regarding claim 9:
Nokia further discloses
receiving a mapping relationship between a transmission timing error information ID and a range of transmission timing error transmitted from the terminal device; or
receiving timestamp information corresponding to the association information for indicating of the association information being valid transmitted from the terminal device; or
receiving configuration information of a sounding reference signal for MIMO (SRS-MIMO) and/or association information between SRS-MIMO and the transmission timing error information reported from the terminal device (see page 5, subsection 2.3 “TEG Handling”); or
after transmitting a capability request to the terminal device, receiving a response message transmitted from the terminal device, wherein the capability request is used to query whether the terminal device is able to provide the association information.
Regarding claim 10:
Nokia further discloses transmitting an association information request message to the terminal device (see page 1, “Introduction”),
wherein the association information request message is used to indicate the terminal device to determine a reporting content and/or a reporting path of the association information (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”),
wherein the reporting path comprises directly (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”) or indirectly reporting the association information; and
the reporting content comprises a granularity, an additional content, and a format of the association information.
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. Claim 12-13 and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Nokia in view of Gong et al. (US 20190335400) (hereinafter Gong).
Regarding claim 12:
Nokia discloses all of the subject matter as described of claim 12 as shown in rejecting claim 1 including “wherein the association information is determined by the following way: determining the association information based on whether SRS-Pos resources in an SRS-Pos resource set belong to a same transmission timing error group” (see Nokia, page 1, Introduction, pages 5-6, section 2.3) above except for specifically teaching a memory, a transceiver, and a processor; the memory is used for storing a computer program; the transceiver is used for transmitting and receiving data under control of the processor; the processor is used for executing the computer program in the memory.
However, Gong in the same field of endeavor teaches a memory (1506 in figure 15), a transceiver (1510, 1512 and 1514 in figure 15), and a processor (1504 in figure 15); the memory (1506 in figure 15) is used for storing a computer program; the transceiver (1510, 1512 and 1514 in figure 15) is used for transmitting and receiving data under control of the processor (1504 in figure 15); the processor (1504 in figure 15) is used for executing the computer program in the memory (1506 in figure 15) (par 0092-0094). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the processing system as taught by Gong to modify the system and method of Nokia in order to perform computations and/or other processing related tasks (par 0092) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 13:
Nokia further discloses wherein transmitting the association information between the SRS-Pos resource or SRS-Pos resource set and the transmission timing error information to the network side device (see introduction (TX timing error)) comprises:
transmitting the association information to a location management function (LMF) (see page 6, Alt 2); or
transmitting the association information to a base station; or
transmitting the association information to an LMF via a base station;
wherein the network side device comprises the LMF or the base station (see page 6, Alt 2).
Regarding claim 15:
Nokia further discloses
transmitting multiple SRSs-Pos using a same radio frequency link during one positioning measurement (figure 4 shows transmitting multiple SRSs-Pos using a same radio frequency link during one positioning measurement); or
reporting a mapping relationship between a transmission timing error information ID and a range of transmission timing error to the network side device; or
reporting timestamp information corresponding to the association information for indicating a validity period of the association information to the network side device; or
reporting configuration information of a sounding reference signal for MIMO (SRS-MIMO) and/or association information between SRS-MIMO and the transmission timing error information to the network side device; or
after receiving a capability request transmitted from the network side device, transmitting a response message to the network side device to indicate whether the terminal device is able to provide the association information, and in case that the terminal device is able to provide the association information, carrying the association information in the response message.
Regarding claim 16:
Nokia further discloses after receiving an association information request message transmitted from the network side device (see page 1, “Introduction”), determining a reporting content and/or a reporting path of the association information based on an indication of the association information request message (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”):
wherein the reporting path comprises directly (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”) or indirectly reporting the association information; and
the reporting content comprises a granularity, an additional content, and a format of the association information.
Regarding claim 17:
Nokia further discloses transmitting ProvideLocationlnformation to the network side device and carrying the association information in a ProvideLocationlnformation information element (IE) (see 2.3 TEG Handling, on pages 5-6).
Regarding claim 18:
Nokia further discloses wherein, in case that the association information is configured to the SRS-Pos resource set, it indicates that all SRS-Pos resources in the resource set have same transmission timing error information (see 2.3 TEG Handling, on pages 5-6); and in case that the association information is configured to the SRS-Pos resource, it indicates that different SRSs-Pos resources in the resource set have different transmission timing error information (see 2.3 TEG Handling, on pages 5-6).
Regarding claim 19:
Nokia discloses all of the subject matter as described above except for specifically teaching a memory, a transceiver, and a processor; the memory is used for storing a computer program; the transceiver is used for transmitting and receiving data under control of the processor; the processor is used for executing the computer program in the memory.
However, Gong in the same field of endeavor teaches a memory (1506 in figure 15), a transceiver (1510, 1512 and 1514 in figure 15), and a processor (1504 in figure 15); the memory (1506 in figure 15) is used for storing a computer program; the transceiver (1510, 1512 and 1514 in figure 15) is used for transmitting and receiving data under control of the processor (1504 in figure 15); the processor (1504 in figure 15) is used for executing the computer program in the memory (1506 in figure 15) (par 0092-0094). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the processing system as taught by Gong to modify the system and method of Nokia in order to perform computations and/or other processing related tasks (par 0092) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 20:
Nokia further discloses
receiving a mapping relationship between a transmission timing error information ID and a range of transmission timing error transmitted from the terminal device; or
receiving timestamp information corresponding to the association information for indicating the association information being valid transmitted from the terminal device; or
receiving configuration information of a sounding reference signal for MIMO (SRS-MIMO) (see page 5, section 2.3, TEG Handling) and/or association information between SRS-MIMO and the transmission timing error information reported from the terminal device; or
after transmitting a capability request to the terminal device, receiving a response message transmitted from the terminal device, wherein the capability request is used to query whether the terminal device is able to provide the association information.
Regarding claim 21:
Nokia further discloses
transmitting an association information request message to the terminal device (see page 1, “Introduction”),
wherein the association information request message is used to indicate the terminal device to determine a reporting content and/or a reporting path of the association information (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”),
wherein the reporting path comprises directly (see page 1, “Introduction”, figure 4, page 4, “observations 4-5”) or indirectly reporting the association information; and
the reporting content comprises a granularity, an additional content, and a format of the association information.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PAN et al. (US 20240187169) a method for indicating positioning information in wireless communication systems are disclosed. The method includes determining, by a wireless communication device, transmission Timing Error Group (TEG) information of the wireless communication device according to at least one of usage of Sounding Reference Signal (SRS) transmission, UE antenna coherent capability, UE antenna switching capability, or SRS port. The transmission TEG information includes at least one of a number of transmission TEGs, an association between the transmission TEGs and SRS transmission. The SRS transmission includes at least one of a SRS resource set, a SRS resource, or a SRS port. The method also includes communicating, by the wireless communication device with a network, using the transmission TEG information.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/ Primary Examiner, Art Unit 2631
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