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 preliminary amendment filed on 2/5/2024. Claims 1-14, 19-24 are pending and have been considered below.
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.
Claim 1 is 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.
Claim 1 recites in line 5 “wherein first information comprises”. It is unclear whether this “first information” in line 5 refers to any of the first information in lines 3-4 of claim 1. If this does refer back to any of the previous first information, then this should be recited as “the first information”, and further should be clearly recited which one of the three instances this [first information] refers to? (1 the first information reported by the at least one base station. 2 the first information reported by the target UE. 3 the first information reported by the reference UE) [for examination purpose this is considered as, the first information relating to any one of the first, second or third instances]
Note: The independent claim 1 limitation, ‘determining a position of the target UE according to the first information reported by the at least one base station or according to the first information reported by the target UE and the first information reported by the reference UE, and according to a preset positioning database’ is analyzed under the abstract idea under the category of mental process. The determining a position of the target UE according to the first information that comprises at least one of multipath information or time error information, [where the multipath information
includes at least one of the following: a delay of a specific path of a plurality of paths corresponding to a receiving antenna or delay difference among a plurality of paths corresponding to a receiving antenna…] and [the time error information includes at least one of following: a clock synchronization error or a clock synchronization error group; or a change in a clock synchronization error or a change in a clock synchronization error group…] as described in the specification. Thus determining a position of the target UE according to the first information that comprises at least one of multipath information or time error information, is beyond the judicial exception as a mental process. Therefore no 35 USC 101 rejection is given in this office communication.
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) 10,11,13,14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manolakos et al. (US 2024/0329182).
Regarding claim 10:
Manolakos discloses a positioning method performed by a target User Equipment (UE) or a reference UE (abstract; see figures), comprising:
receiving a positioning reference signal (PRS) sent by a base station (para 120, para 122 {UE 104 to acquire and measure the DL PRS signals from TRPs 102}; figure 7; para 142);
determining first information according to a pilot of the PRS (para 122 {determine a location based on the PRS measurements received from the TRPs 102…}), wherein the first information comprises at least one of multipath information or time error information ([note: optional claim language requires one or the other part of the limitation, ‘multipath’ is considered for rejection]; para 6-8 {location information report based on measured multipath characteristics}; figure 7 [9A-C, based on multipath characteristics]; para 49-50; para 101-106);
reporting the first information to a location management function (LMF), wherein the first information is used by the LMF to determine a position of the target UE (para 41; para 117 {location server 702, which may be, e.g., location server 172, 230a, 230b, or LMF 270}; figure 7 [step 9A, and 10]; para 127 { stage 10A, the location server 702 may determine the UE location}; and see throughout the disclosure).
Regarding claim 11:
Manolakos discloses a positioning method performed by a base station (abstract; see figures), comprising:
receiving a sounding reference signal (SRS) sent by a target User Equipment (UE) or a reference UE (para 97 {UE may transmit UL PRS for positioning to base stations and/or sidelink UEs. The UL PRS may be sometimes referred to as sounding reference signals (SRS)}; para 147 {network node 900 is a base station, the PRS resources may be UL PRS, e.g., sounding reference signals, received from the UE});
determining first information according to a pilot of the SRS, wherein the first information comprises at least one of multipath information or time error information ([note: optional claim language requires one or the other part of the limitation, ‘multipath’ is considered for rejection]; para 6-8 {location information report based on measured multipath characteristics}; figure 7 [7C SRS measurements]; fig 7 [8C multipath characteristics of SRS]; para 49-50; para 101-106; para 124-125 {TRPs 102 may receive and measure UL PRS (SRS) … 8C, the TRPs 102 measures the multipath characteristics of the UL PRS (SRS)}); and
reporting the first information to a location management function (LMF), wherein the first information is used by the LMF to determine a position of the target UE (fig 7 [stage 9C]; fig 7 [stage 9, 10A]; para 127 { stage 10A, the location server 702 may determine the UE location}; and see throughout the disclosure).
Regarding claim 13:
Manolakos discloses all of the subject matter as described above in claim 10, and further discloses a positioning device applied to a target User Equipment (UE) or a reference UE, comprising (fig 1a; fig 7,9): a memory (fig 9 [memory 904]; para 142), a transceiver (fig 9 [transceiver 910]), and a processor (fig 9 [processor 902]; para 142-158), wherein the memory is configured to store a computer program, the transceiver is configured to transmit and receive data under control of the processor, the processor is configured to read the computer program in the memory and execute steps of the positioning method according to claim 10 (para 145; figs; and see throughout the disclosure).
Regarding claim 14:
Manolakos discloses all of the subject matter as described above in claim 11, and further discloses a positioning device applied to a base station (figures 1,9; para 142 [network node 900, e.g., which may be … a base station (TRP) 102]), comprising: a memory (fig 9 [memory 904]), a transceiver (fig 9 [transceiver 910]), and a processor (fig 9 [processor 902]), wherein the memory is configured to store a computer program, the transceiver is configured to transmit and receive data under control of the processor, the processor is configured to read the computer program in the memory and execute steps of the positioning method according to claim 11 (para 145,155; figs; and see throughout the disclosure).
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.
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) 1,8,9,12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al. (US 2024/0329182) in view of Liu et al. (US 2021/0297817).
Regarding claim 1:
Manolakos discloses a positioning method and system performed by a location management function (LMF) (abstract; see figures), comprising:
receiving first information reported by at least one base station, or first information reported by target User Equipment (UE) and first information reported by a reference UE ([note: optional claim language requires one or the other part of the limitation, the prior art may be teaching more]; see Manolakos, figures 1-6; para 41-44; figure 7 [steps/stages 9A, 9B, 9C]; para 117, partially reproduced herein with emphasis {location server 702, which may be, e.g., location server 172, 230a, 230b, or LMF 270 … receive location information and determine the UE location at stages 9A, 9B, 9C…}), wherein the first information comprises at least one of multipath information or time error information ([note: optional claim language, ‘multipath’ is considered for rejection]; para 6-8 {location information report based on measured multipath characteristics}; figure 7 [9A-C, based on multipath characteristics]; para 49-50; para 101-106);
determining a position of the target UE according to the first information reported by the at least one base station or according to the first information reported by the target UE and the first information reported by the reference UE (para 125,126 {stage 9A, the UE 104 may send a location information report to the location server … The location information reports include measurement information for the subset of the plurality of the PRS resources that was determined in stages 8A, 8B, and 8D based on the measured multipath characteristics of the PRS resources}; fig 7 [stage 9, 10A]; para 127; and see throughout the disclosure).
Manolakos discloses all of the subject matter as described above, except for specifically teaching that determining a position according to a preset positioning database.
However, Liu in the same field of endeavor discloses a system and method for positioning where determining a position according to a preset positioning database (para 116; figures; para 121 {multipath feature library may be stored in a memory of the positioning device, or may be stored in a memory outside the positioning device. The multipath feature library includes multipath information of a plurality of terminals with known locations and/or a plurality of terminals with unknown locations, and further includes the multipath information of the to-be-positioned terminal} [stored library is database]; para 122,180; and see 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 Liu in Manolakos in order to implement positioning determination with accurate and improved precision of positioning [6] (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Regarding claim 8:
Manolakos discloses all of the subject matter as described above wherein the multipath information comprises at least one of following [note: optional claim language requires only one element]: a delay of a specific path of a plurality of paths corresponding to a receiving antenna or delay difference among a plurality of paths corresponding to a receiving antenna: or a power of a specific path; or a phase of a specific path; or phase difference among different receiving antennas; or time delay difference between different receiving antennas: or power difference between different receiving antennas; or all or part of data in an array corresponding to a Channel Impulse Response (CIR) of a receiving antenna; or all or part of data in an array corresponding to a Channel Frequency Response (CFR) of a receiving antenna; or all or part of data in an array corresponding to a Power Delay Profile (PDP) of a receiving antenna; or pseudo-spectrum information of a receiving antenna, wherein the receiving antenna is a receiving antenna of a base station, a receiving antenna of the target UE or a receiving antenna of the reference UE, the specific path comprises at least one of: top N paths with minimum delays, or a first path with a minimum delay, or M paths with strongest powers, and both N and M are positive integers (para 112 {…strength metric of the multipath components, for example, may be the relative power of the multipath components with respect to the earliest path, a median power of the multipath components with respect to the power of the earliest path..}; and see throughout the disclosure).
Regarding claim 9:
Manolakos discloses all of the subject matter as described above wherein the time error information comprises (Note: the independent claim is rejected based on the option, ‘multipath information’; the other option ‘time error information’ that is not required for rejection is further referred here, thus this claim [claim 1+9] is rejected as described above, further reciting optional claim language, not required) at least one of following: a clock synchronization error or a clock synchronization error group: or a change in a clock synchronization error or a change in a clock synchronization error group; or a change rate of a clock synchronization error; or a Transmission\Reception time error or a Transmission\Reception time error group: or a change in a Transmission\Reception time error or a change in a Transmission\Reception time error group; or a change rate of a Transmission\Reception time error (see claim 1).
Regarding claim 12:
Manolakos discloses all of the subject matter as described above in claim 1, and further discloses a positioning device applied to a location management function (LMF) (figures 1-2; fig 7-8; para 128), comprising: a memory (figure 8 [block 804]; para 128), a transceiver (figure 8 [block 810]), and a processor (figure 8 [block 802]; para 128-141), wherein the memory is configured to store a computer program, the transceiver is configured to transmit and receive data under control of the processor, the processor is configured to read the computer program in the memory and execute steps of the positioning method according to claim 1 (para 130,138; and see throughout the disclosure).
Allowable Subject Matter
Claims 2-7, 19-24 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.
Priyanto et al. (US 2025/0389805) discloses a system and method for positioning measurement based on references signals.
Fakoorian (US 2024/0057011) discloses positioning techniques for user equipment in a network.
Su et al. (US 2021/0232610) discloses positioning method and apparatus, and offline fingerprint database generation method and apparatus.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached on (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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/HIRDEPAL SINGH/Primary Examiner, Art Unit 2631