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
This office action has been changed in response to the amendment filed on 7/1/2026.
Claims 1, 11 and 20 have been amended. Claims 2 and 13 have been cancelled.
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive.
In response to the Applicant’s argument that “Limitation B and Limitation C both further define Limitation A, where Limitation A defines that first request message is configured to request to activate the UL positioning reference signal” (Page 10), it is noted that only one of “Limitation B” or “Limitation C” is required to be met. The broadest reasonable interpretation of “and/or” is “or”. With this in mind, the Examiner is responding to the Applicant’s arguments around “Limitation C”.
In response to the Applicant’s argument that “it is clear that the PRACH is different from the positioning request” (Page 14), the Examiner respectfully disagrees.
“Limitation C” as mapped per the Applicant, states “sending the first request message to a base station, wherein the first request message is a preamble that is dedicated to activating the UL positioning reference signal, and/or an activation request signal.” The broadest reasonable interpretation of this limitation has two choices:
sending the first request message to a base station, wherein the first request message is a preamble that is dedicated to activating the UL positioning reference signal
sending the first request message to a base station, wherein the first request message is
The Examiner view is that Khoryaev clearly discloses “sending the first request message to a base station, wherein the first request message is the potential content of MsgA transmitted by UE to gNB at the first step of two step PRACH procedure may include a payload of MsgA. The payload can contain a type of requested positioning procedure (e.g., UL only—UTDOA, DL&UL −RTT with serving cell, RTT with serving+neighboring cells, DL only—D-TDOA, etc.). The payload can also contain a request for additional allocation of reference signals or their activation if preconfigured (e.g., request for UL SRS/PRS resource allocation; request for DL SRS/PRS resource allocation; request for UL SRS/PRS resource allocation followed by DL CSI-RS/PRS; request for DL CSI-RS/PRS resource allocation followed by UL SRS/PRS)”)
Accordingly, the Examiner respectfully disagrees with the Applicant’s assertion.
In response to the Applicant’s argument “All of these are not activation request signal in Limitation C”, the Examiner agrees.
The Examiner has not said the Fig. 2 [208] or Fig. 4[412] were an “activation request signal”. The “activation request signal” is Fig. 2 [202] and Page 4 [0058] “the potential content of MsgA transmitted by UE to gNB at the first step of two step PRACH procedure may include a payload of MsgA. The payload can contain a type of requested positioning procedure (e.g., UL only—UTDOA, DL&UL −RTT with serving cell, RTT with serving+neighboring cells, DL only—D-TDOA, etc.). The payload can also contain a request for additional allocation of reference signals or their activation if preconfigured (e.g., request for UL SRS/PRS resource allocation; request for DL SRS/PRS resource allocation; request for UL SRS/PRS resource allocation followed by DL CSI-RS/PRS; request for DL CSI-RS/PRS resource allocation followed by UL SRS/PRS)”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
((a)(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.
Claims 1, 3-6, 8, 11, 12, 14-16, 26 and 36 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Khoryaev et al. (US-2022/0110085 hereinafter, Khoryaev).
Regarding claim 1, Khoryaev teaches an activation method of an Uplink (UL) positioning reference signal, performed by a terminal (Abstract, Page 1 [0004] “The UE includes one or more processors configured to provide a positioning request to a node while the UE is in a radio resource control idle (RRC_IDLE) or inactive (RRC_INACTIVE) state” and [0007] “the requested type of positioning procedure comprises a downlink (DL) only positioning technique, an uplink (UL) only positioning technique, or a DL and UL positioning technique”), comprising:
sending a first request message (Fig. 1 [102]) to a network side (Fig. 1 [gNB]) when the terminal is in an RRC_idle state or an RRC_inactive state (Page 4 [0057]), wherein the first request message is configured to request to activate the UL positioning reference signal (Fig. 3 [302-304] and Page 5 [0061]),
wherein sending the first request message to the network side comprises:
sending the first request message to a location management function (LMF) entity (Fig. 4 [Location Function, 406 and 408]), wherein the first request message is a Location and Positioning Protocol (LPP) activation request message; (Fig. 4A [406] and Page 5 [0063]) and/or
sending the first request message to a base station (Fig. 2 [Serving gNB]), wherein the first request message is a preamble that is dedicated to activating the UL positioning reference signal and/or an activation request signal. (Fig. 2 [202] and Page 4 [0058] “the potential content of MsgA transmitted by UE to gNB at the first step of two step PRACH procedure may include a payload of MsgA. The payload can contain a type of requested positioning procedure (e.g., UL only—UTDOA, DL&UL −RTT with serving cell, RTT with serving+neighboring cells, DL only—D-TDOA, etc.). The payload can also contain a request for additional allocation of reference signals or their activation if preconfigured (e.g., request for UL SRS/PRS resource allocation; request for DL SRS/PRS resource allocation; request for UL SRS/PRS resource allocation followed by DL CSI-RS/PRS; request for DL CSI-RS/PRS resource allocation followed by UL SRS/PRS)”)
Regarding claim 3, Khoryaev teaches wherein before sending the first request message to the network side, the method further comprises:
detecting, by the terminal, that a UL positioning trigger condition is satisfied. (Page 3 [0050] “all of the procedures have in common positioning request and positioning response that can be triggered by UE or gNB/NW/LMF”)
Regarding claim 4, Khoryaev teaches wherein the first request message carries one or more of [the] following:
indication information of requesting to activate a UL positioning reference signal; (Page 3 [0051] “In case of UE-initiated positioning, MsgA can be considered as a positioning request”)
an index of a UL positioning reference signal requested to be activated;
information of a current serving cell; or
beam information.
Regarding claim 5, Khoryaev teaches wherein after sending the first request message to the network side, the method further comprises:
receiving an activation command sent by the network side; (Fig. 3 [308])
transmitting the UL positioning reference signal. (Fig. 3 [310])
Regarding claim 6, Khoryaev teaches wherein receiving the activation command sent by the network side comprises:
receiving the activation command sent by a base station; (Page 4 [0058] “The payload can also contain a request for additional allocation of reference signals or their activation if preconfigured (e.g., request for UL SRS/PRS resource allocation” and Page 6 [0070] “Activation or deactivation of UE UL reference signals transmission for positioning.”) and/or
receiving an LPP activation command sent by the LMF.
Regarding claim 8, Khoryaev teaches wherein the activation command carries one or more of following:
an indication of confirming activation of the UL positioning reference signal; (Fig. 6 [610] and [0074] “At 610, the gNB configures or activates the set of DL PRS/DL CSI-RS signals for positioning measurements and triggers UE measurements of signal location parameters (e.g., FAP timing corresponding to each configured DL PRS/CSI-RS resource)”) or
an index of the activated UL positioning reference signal.
Regarding claim 11, Khoryaev teaches an activation method of an Uplink (UL) positioning reference signal (Abstract, Page 1 [0004] “The UE includes one or more processors configured to provide a positioning request to a node while the UE is in a radio resource control idle (RRC_IDLE) or inactive (RRC_INACTIVE) state” and [0007] “the requested type of positioning procedure comprises a downlink (DL) only positioning technique, an uplink (UL) only positioning technique, or a DL and UL positioning technique”), performed by a base station (Fig. 2 [Serving gNB]), comprising:
receiving a first request message (Fig. 2 [202]) sent by a terminal (Fig. 2 [UE]) in an RRC_idle state or an RRC_inactive state (Page 4 [0057]), wherein the first request message is configured to request to activate the UL positioning reference signal (Fig. 3 [302-304] and Page 5 [0061]),
wherein the first request message is a preamble that is dedicated to activating the UL positioning reference signal, and/or an activation request signal. (Fig. 2 [202] and Page 4 [0058] “the potential content of MsgA transmitted by UE to gNB at the first step of two step PRACH procedure may include a payload of MsgA. The payload can contain a type of requested positioning procedure (e.g., UL only—UTDOA, DL&UL −RTT with serving cell, RTT with serving+neighboring cells, DL only—D-TDOA, etc.). The payload can also contain a request for additional allocation of reference signals or their activation if preconfigured (e.g., request for UL SRS/PRS resource allocation; request for DL SRS/PRS resource allocation; request for UL SRS/PRS resource allocation followed by DL CSI-RS/PRS; request for DL CSI-RS/PRS resource allocation followed by UL SRS/PRS)”)
Regarding claim 12, Khoryaev teaches sending an activation command to the terminal. (Fig. 3 [308])
Regarding claim 14, Khoryaev teaches wherein before sending the activation command to the terminal (Fig. 3 [308]), the method further comprises:
sending a second request message to a location management function (LMF) (Fig. 3 [304]), wherein the second request message is configured to request the LMF to activate the UL positioning reference signal; (Page 5 [0061])
wherein the second request message comprises one or more of following:
an index of a UL positioning reference signal that is requested to be activated; (Page 5 [0061] “UL SRS/PRS resource set configuration for a UE requested positioning procedure (e.g., Information on UL SRS/PRS transmission resources (resource ID), their type (periodic/semi-persistent/aperiodic) and/or UL PRS/SRS sequence initialization information (sequence ID)); UL SRS/PRS measurement data (e.g., Information on timestamps of UL SRS/PRS signal reception as well as other SLP measured by each TRP/gNB and/or Information on geolocation coordinates of TRPs/gNBs that measured SLPs); Timestamp of MsgB transmission.”)
an indication of requesting activation of a UL positioning reference signal; or
configuration information of a pre-configured UL positioning reference signal.
Regarding claim 15, the additional limitations of claim 15 are not applicable to the selected Markush group listed in claim 11. i.e. RRC_idle See footnote1 regarding “when”
Regarding claim 16, the additional limitations of claim 16 are not applicable to the selected Markush group listed in claim 11.
Regarding claim 26, Khoryaev teaches a terminal device (Fig. 2 [UE] and Fig. 12 [1200]), comprising:
a transceiver (Fig. 12 [1215 & 1210]), a memory (Fig. 12 [1220]), a processor (Fig. 12 [1205]), and a computer program stored on the memory (Page 36 [Claim 16]) and executable by the processor (Page 36 [Claim 16]); wherein the transceiver is configured for sending or receiving information under control of the processor (Page 36 [Claim 16]),
the processor is configured to execute the computer program to implement the steps of the method according to claim 1. (Page 36 [Claim 16] and ee the specific citations of claim 1 above)
Regarding claim 36, Khoryaev teaches a network-side device (Fig. 11 [1100]), comprising:
a transceiver (Fig. 11 [1115 & 1110]), a memory (Fig. 11 [1120]), a processor (Fig. 11 [1105]), and a computer program stored on the memory (Pages 14-15 [0134] “The processors (or cores) of the application circuitry 1105 may be coupled with or may include memory/storage elements and may be configured to execute instructions stored in the memory/storage to enable various applications or operating systems to run on the system 1100”) and executable on the processor; wherein the transceiver is configured for sending or receiving information under control of the processor (Page 14 [0132-0133]), the processor is configured to execute the computer program to implement the steps of the method according to claim 11. (See mapping above with respect to claim 11)
Claim Rejections - 35 USC § 103
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.
Claims 9, 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev in view of Shreevastav et al. (US-12,381,686 hereinafter, Shreevastav).
Regarding claim 9, Khoryaev teaches the limitations of claim 1 above, but differs from the claimed invention by not explicitly reciting wherein before sending the first request message to the network side, the method further comprises:
receiving an UL positioning trigger condition sent by an LMF;
wherein, the UL positioning trigger condition comprises one or more of following:
a time instant at which positioning is triggered;
a period that positioning is triggered;
a quantity of times for which positioning is triggered; or
an event that triggers positioning.
In an analogous art, Shreevastav teaches a method and system for signaling support in a wireless network (Abstract) that includes before sending the first request message to the network side (Fig. 2B [7]), the method further comprises:
receiving an UL positioning trigger condition sent by an LMF; (Fig. 2B [4, 5 & 6])
wherein, the UL positioning trigger condition comprises one or more of following:
a time instant at which positioning is triggered; (Col. 8 line 66 through Col. 9 line 22)
a period that positioning is triggered;
a quantity of times for which positioning is triggered; or
an event that triggers positioning.
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Khoryaev after modifying it to incorporate the ability to send a UL positioning trigger condition of Shreevastav since it enables the network to know when to listen for UL SRS signals. (Shreevastav Col. 9 lines 18-22)
Regarding claim 10, Khoryaev teaches the limitations of claim 1 above including the ability to receive information from a base station via RRC messages (Fig. 3 [308]), but differs from the claimed invention by not explicitly reciting wherein before sending the first request message to the network side, the method further comprises:
receiving a Radio Resource Control (RRC) message sent by a base station, wherein the RRC message carries one or more of following:
configuration information of the UL positioning reference signal that is pre-configured for the terminal;
configuration information of the activation request signal that is pre-configured for the terminal and used for activating the UL positioning reference signal; or
a pre-configured preamble that is dedicated to activating the UL positioning reference signal.
In an analogous art, Shreevastav teaches a method and system for signaling support in a wireless network (Abstract) that includes before sending the first request message to the network side (Fig. 2B [7]), the method further comprises:
receiving a Radio Resource Control (RRC) message sent by a base station (Col. 8 lines 11-16), wherein the RRC message carries one or more of following:
configuration information of the UL positioning reference signal that is pre-configured for the terminal; (Col. 8 lines 20-25 “the UE may be configured to start transmitting an uplink reference signal before a BS sends the UL configuration to LMF, for example, as soon as the UE has applied the UL signal configuration. A BS may control the time instance when UE should start transmitting UL reference signals (e.g. SRS)”)
configuration information of the activation request signal that is pre-configured for the terminal and used for activating the UL positioning reference signal; or
a pre-configured preamble that is dedicated to activating the UL positioning reference signal.
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Khoryaev after modifying it to incorporate the ability to send configuration information for UL positioning reference signal of Shreevastav since it enables the network to know when to listen for UL SRS signals. (Shreevastav Col. 9 lines 18-22)
Regarding claim 19, the limitations of claim 19 are rejected as being the same reasons set forth above in claim 10.
Claims 20 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev in view of Kumar et al. (US-11,546,860 hereinafter, Kumar).
Regarding claim 20, Khyoryaev teaches an activation method of an Uplink (UL) positioning reference signal (Abstract, Page 1 [0004] “The UE includes one or more processors configured to provide a positioning request to a node while the UE is in a radio resource control idle (RRC_IDLE) or inactive (RRC_INACTIVE) state” and [0007] “the requested type of positioning procedure comprises a downlink (DL) only positioning technique, an uplink (UL) only positioning technique, or a DL and UL positioning technique”), performed by a location management function (LMF) entity (Fig. 3 [Location Function]), comprising:
receiving a first request message sent by a terminal in a RRC_idle state or a RRC_inactive state (Fig. 3 [304]), wherein the first request message is configured to request to activate the UL positioning reference signal. (Page 5 [0061] “At 304, the serving gNB can request the gNB/Location Function entity to provide UL PRS configuration for the UE, and at 306, the location function entity can provide the configuration to the serving gNB”)
Khoryaev discloses the use of Location and Positioning Protocol (LPP) (Page 5 [0061]), but differs from the claimed invention by not explicitly reciting wherein the first request message is a Location and Positioning (LPP) activation request message.
In an analogous art, Kumar teaches a method and system for uplink based positioning (Abstract) that includes using LPP to communicate between a UE and a LMF. (Col. 16 lines 28-38 “the LMF 120 and the UE 105 may communicate using an LTE Positioning Protocol (LPP), which may be defined in 3GPP TS 36.355. The LMF 120 and the UE 105 may also or instead communicate using a New Radio Positioning Protocol (which may be referred to as NPP or NRPP), which may be the same as, similar to, or an extension of LPP. Here, LPP and/or NPP messages may be transferred between the UE 105 and the LMF 120 via the AMF 115 and the serving gNB 110a, 110b or the serving ng-eNB 114 for the UE 105”)
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Khoryaev after modifying it to incorporate the ability to utilize LPP for communication between a UE and a LMF of Kumar since LPP is defined by the governing body to ensure compatibility between manufacturers in cellular communications. (Kumar Col. 16 lines 23-24)
Regarding claim 37, Khoryaev in view of Kumar teaches a network-side device (Khoryaev Fig. 3 [Location Function] and Page 14 [0132]), comprising:
a transceiver(Khoryaev Fig. 11 [1115 & 1110]), a memory (Khoryaev Fig. 11 [1120]), a processor (Khoryaev Fig. 11 [1105]), and a computer program stored on the memory (Khoryaev Pages 14-15 [0134] “The processors (or cores) of the application circuitry 1105 may be coupled with or may include memory/storage elements and may be configured to execute instructions stored in the memory/storage to enable various applications or operating systems to run on the system 1100”) and executable on the processor; wherein the transceiver is configured for sending or receiving information under control of the processor (Khoryaev Page 14 [0132-0133]), the processor is configured to execute the computer program to implement the steps of the method according to claim 20. (See mapping above with respect to claim 20)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-2024/0334533 to Li which discloses a method and system for activating or deactivating uplink positioning reference signals sent by a LMF when the UE is in an RRC non-connected state.
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 MATTHEW C SAMS whose telephone number is (571)272-8099. The examiner can normally be reached M-F 8:30-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Anderson can be reached at (571)272-4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew C Sams/Primary Examiner, Art Unit 2646
1 Under the broadest reasonable interpretation standard for conditional “if language” or “when language”, the condition does not occur and the step or function claimed would never be realized, hence the broadest reasonable interpretation of the claim does not require performing the step or function. See Ex parte Katz, 2011 WL 514314, at 4-5 (BPAI Jan. 27, 2011,2011 WL 1211248 at 2 (BPAI Mar. 25, 2011); see also In re Johnston, 435 f.3d 1381, 1384 (Fed. Cir. 2006)("optional elements do not narrow the claim because they can always be omitted”). If conditions are not limitations against which prior art must be found because the step or function only occurs “if the answer is positive” or “when the answer is positive”. Under the broadest scenario, the steps or functions dependent on the “if condition” or “when condition” would not be invoked, and such, the Examiner is not required to find these limitations in the prior art in order to render the claim anticipated. See In re Am. Acad. Of Sci. Tech Ctr., 367 f.3d 1359, 1359 (Fed. Cir. 2004).
Prosecution Insights