NON-FINAL REJECTION
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 .
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01. See, inter alia, ¶¶71, 73, 75, and 91 of the disclosure.
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 1, 3, 5, 6, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over WO2021/144607A1 to Shrestha et al. (“Shrestha”) in view of U.S. Pat. PGPUB 2018/0227024A1 to Xia et al. (“Xia”).
As to claim 1, Shrestha discloses:
A method performed by a communication device in a communication network for augmenting a communication signal message with environmental information relative to the communication device, the method comprising:
Shrestha discloses a communication device in a communication network. Shrestha at FIGS 1 and 8A and at ¶¶1 and 18. The function disclosed in the claim preamble is considered intended use and does not carry patentable weight. MPEP § 2111.02. However, the Examiner notes the portions of Shrestha cited below which disclose that the device is for augmenting a communication signal message with environmental information relative to the communication device.
performing a first reference signal measurement of a reference signal received from a network node;
Shrestha discloses that the UE device performs a first reference signal measurement of a reference signal received from an eNB i.e. network node. Shrestha at ¶85, “[w] hen a UE performs mobility measurements using CSI-RS (channel state [0085] information reference signals) or Positioning measurements using DL-PRS (downlink positioning reference signals), the UE is performing RSRP/RSRQ (reference signal received power and/or reference signal received quality) measurements of such reference signal(s)”.
responsive to the performing, detecting a plurality of objects in an area proximate the communication device;
Shrestha discloses responsive to the measurement of reference signals, measuring the environment around the UE. Shrestha at ¶85, “[i]n addition, the UE also performs Time of Arrival (TOA) estimation of such signals”, “[w]hile estimating TOA, UE may record the earliest path of signal arrival and additionally determine if it is in LOS with any of the neighbor cells/beams. The UE may report information (e.g., PDP, UE environment, indoor/outdoor, etc.) relating to such measurements to the serving base station.” (emphasis added). Shrestha discloses that the UE environment information reported here involves detecting objects 805 and 807 in an area proximate the UE. Id. at ¶¶72-73.
generating information about the detected plurality of objects;
Shrestha discloses generating information regarding the detected objects. Shrestha at ¶¶72-73, noting the Power Delay Profile created in accordance with FIG 8B.
extracting, from the generated information, the environmental information comprising an environmental description information for the plurality of objects […] relative to the communication device; and
Shrestha discloses extracting environmental description information from the generated information. Shrestha at ¶76.
signalling to the network node the communication signal message comprising the first reference signal measurement, at least some information from the environmental description information regarding the plurality of objects in an area proximate the communication device […]
Shrestha discloses signaling to the network the reference signal measurements as well as the environmental description information. Shrestha at ¶¶75 and 89-90.
Shrestha fails to disclose that the environmental information includes a position description information for the plurality of objects.
Xia discloses an analogous invention, namely a UE in a wireless network which may measure reference signals and may further measure environmental information for the purposes of beamforming. Xia at FIGS 1 and 3. Xia states that the environmental information may include the positions of objects in the UE environment. Xia at ¶¶30-31, “[t]he UE may also be able to estimate the channel variation due to movement of itself and/or movement or the position of nearby objects in the environment. The TRP does not have this information until the UE sends it as feedback. Thus, in an embodiment, the UE reports this information to the TRP”; ¶50, “sensors that measure the location of the UE 700 and/or the location and/or movement of other objects near the UE 702”; ¶8, “[i]n an embodiment, the beam recommendation information includes measured environmental parameters”.
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shrestha with the teachings of Xia as to including position information. Xia states that their environmental measurement information enables the UE to “request and/or negotiate a desired tradeoff between the beamforming gain and the beamforming robustness based on first hand information and/or measurements that are available to the UEs, but may not be available to the transmitter. Additionally, one or more embodiments enable the transmit and receive point (TRP) to understand the sensitivity requirements on the UE side and thereby allow the TRP to adapt its beamforming to compensate for the changing environments experienced by the UE due to, for example, the movement of the mobile device or others in the environment. Furthermore, embodiments of the disclosed systems and methods enable robust reception at the receiver side of a wireless communication system” Xia at ¶11. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Further as to claim 3:
The method of Claim 1, wherein the detecting is performed with a sensor of the communication device, the sensor comprising at least one of a camera, a light detection and ranging, a visual objection detector, and a location positioning equipment.
Xia discloses the detection being performed with sensors including location positioning equipment. Xia at ¶50, “[t]he sensors may include an accelerometer, a gyroscope, a magnetometer, as well as other sensors that measure the location of the UE 700 and/or the location and/or movement of other objects near the UE 702.”
Further as to claim 5:
The method of Claim 1, wherein the position description information comprises at least one of a distance and a geographic direction of each object in the detected plurality of objects relative to the communication device.
As Xia discloses the detection of the location and/or movement of objects around the UE, distance or direction are asserted by the Examiner as obvious over the combination of references as one of ordinary skill in the art would have considered such to be implicit disclosure in Xia. MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968) ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.")
Further as to claim 6:
The method of Claim 1, further comprising:
performing a second reference signal measurement of a second reference signal received from the network node; and
determining that the environmental description information and the position description information are unchanged from a time of the extracting.
Shrestha discloses measuring reference signals as noted above in the rejection of claim 1, and one of ordinary skill in the art would understand that measuring reference signals in a UE is a continuous process i.e. it would necessarily happen a second time. The determination that the environmental information is unchanged would be inherent in the situation where the UE and the objects in its vicinity to not move or change orientation.
Further as to claim 10:
The method of Claim 1, wherein the position description information comprises one of a Euclidean distance, a haversine distance, and a cosine similarity of vectors of each object in the detected plurality of objects relative to the communication device.
As Xia discloses the detection of the location and/or movement of objects around the UE, basic (i.e. Euclidean) distance or direction are asserted by the Examiner as obvious over the combination of references as one of ordinary skill in the art would have considered such to be implicit disclosure in Xia. MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968) ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.")
Further as to claim 11:
The method of Claim 1, wherein the communication device is one of mobile device, a cellular telephone, and a user equipment, UE.
Shrestha and Xia both disclose a UE mobile device in the rejection of claim 1 above.
Further as to claim 12:
The method of Claim 1, wherein the communication network is one of a fourth generation, 4G, mobile network and a fifth generation, 5G, mobile network.
Shrestha and Xia disclose both 4G and 5G systems. Shrestha at ¶153, Xia at ¶¶56-57, “LTE”, “[t]he AP may be an eNB, a gNB…”.
As to claim 13, Shrestha discloses:
A communication device in a communication network for augmenting a communication signal message with environmental information relative to the communication device, the communication device comprising:
at least one processor;
at least one memory connected to the at least one processor and storing program code that is executed by the at least one processor to perform operations comprising:
Shrestha discloses a communication device in a communication network comprising a processor and memory storing instructions. Shrestha at FIGS 1, 8A, and 11 (specifically elements 303 and 305) and at ¶¶1, 18, and 50. The function disclosed in the claim preamble is considered intended use and does not carry patentable weight. MPEP § 2111.02. However, the Examiner notes the portions of Shrestha cited below which disclose that the device is for augmenting a communication signal message with environmental information relative to the communication device.
perform a first reference signal measurement of a reference signal received from a network node;
Shrestha discloses that the UE device performs a first reference signal measurement of a reference signal received from an eNB i.e. network node. Shrestha at ¶85, “[w]hen a UE performs mobility measurements using CSI-RS (channel state [0085] information reference signals) or Positioning measurements using DL-PRS (downlink positioning reference signals), the UE is performing RSRP/RSRQ (reference signal received power and/or reference signal received quality) measurements of such reference signal(s)”.
responsive to the perform, detect a plurality of objects in an area proximate the communication device;
Shrestha discloses responsive to the measurement of reference signals, measuring the environment around the UE. Shrestha at ¶85, “[i]n addition, the UE also performs Time of Arrival (TOA) estimation of such signals”, “[w]hile estimating TOA, UE may record the earliest path of signal arrival and additionally determine if it is in LOS with any of the neighbor cells/beams. The UE may report information (e.g., PDP, UE environment, indoor/outdoor, etc.) relating to such measurements to the serving base station.” (emphasis added). Shrestha discloses that the UE environment information reported here involves detecting objects 805 and 807 in an area proximate the UE. Id. at ¶¶72-73.
generate information about the detected plurality of objects;
Shrestha discloses generating information regarding the detected objects. Shrestha at ¶¶72-73, noting the Power Delay Profile created in accordance with FIG 8B.
extract, from the generated information, the environment information comprising an environmental description information for the plurality of objects […] relative to the communication device;
Shrestha discloses extracting environmental description information from the generated information. Shrestha at ¶76.
and
signal to the network node the communication signal message comprising the first reference signal measurement, at least some information from the environmental description information regarding the plurality of objects in an area proximate the communication device […]
Shrestha discloses signaling to the network the reference signal measurements as well as the environmental description information. Shrestha at ¶¶75 and 89-90.
Shrestha fails to disclose that the environmental information includes a position description information for the plurality of objects.
Xia discloses an analogous invention, namely a UE in a wireless network which may measure reference signals and may further measure environmental information for the purposes of beamforming. Xia at FIGS 1 and 3. Xia states that the environmental information may include the positions of objects in the UE environment. Xia at ¶¶30-31, “[t]he UE may also be able to estimate the channel variation due to movement of itself and/or movement or the position of nearby objects in the environment. The TRP does not have this information until the UE sends it as feedback. Thus, in an embodiment, the UE reports this information to the TRP”; ¶50, “sensors that measure the location of the UE 700 and/or the location and/or movement of other objects near the UE 702”; ¶8, “[i]n an embodiment, the beam recommendation information includes measured environmental parameters”.
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shrestha with the teachings of Xia as to including position information. Xia states that their environmental measurement information enables the UE to “request and/or negotiate a desired tradeoff between the beamforming gain and the beamforming robustness based on first hand information and/or measurements that are available to the UEs, but may not be available to the transmitter. Additionally, one or more embodiments enable the transmit and receive point (TRP) to understand the sensitivity requirements on the UE side and thereby allow the TRP to adapt its beamforming to compensate for the changing environments experienced by the UE due to, for example, the movement of the mobile device or others in the environment. Furthermore, embodiments of the disclosed systems and methods enable robust reception at the receiver side of a wireless communication system” Xia at ¶11. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
As to claim 15, Shrestha discloses:
A communication device in a communication network for augmenting a communication signal message with environmental information relative to the communication device, the communication device adapted to perform operations comprising:
Shrestha discloses a communication device in a communication network. Shrestha at FIGS 1 and 8A and at ¶¶1 and 18. The function disclosed in the claim preamble is considered intended use and does not carry patentable weight. MPEP § 2111.02. However, the Examiner notes the portions of Shrestha cited below which disclose that the device is for augmenting a communication signal message with environmental information relative to the communication device.
perform a first reference signal measurement of a reference signal received from a network node;
Shrestha discloses that the UE device performs a first reference signal measurement of a reference signal received from an eNB i.e. network node. Shrestha at ¶85, “[w] hen a UE performs mobility measurements using CSI-RS (channel state [0085] information reference signals) or Positioning measurements using DL-PRS (downlink positioning reference signals), the UE is performing RSRP/RSRQ (reference signal received power and/or reference signal received quality) measurements of such reference signal(s)”.
responsive to the perform, detect a plurality of objects in an area proximate the communication device;
Shrestha discloses responsive to the measurement of reference signals, measuring the environment around the UE. Shrestha at ¶85, “[i]n addition, the UE also performs Time of Arrival (TOA) estimation of such signals”, “[w]hile estimating TOA, UE may record the earliest path of signal arrival and additionally determine if it is in LOS with any of the neighbor cells/beams. The UE may report information (e.g., PDP, UE environment, indoor/outdoor, etc.) relating to such measurements to the serving base station.” (emphasis added). Shrestha discloses that the UE environment information reported here involves detecting objects 805 and 807 in an area proximate the UE. Id. at ¶¶72-73.
generate information about the detected plurality of objects;
Shrestha discloses generating information regarding the detected objects. Shrestha at ¶¶72-73, noting the Power Delay Profile created in accordance with FIG 8B.
extract, from the generated information, the environmental information comprising an environmental description information for the plurality of objects […] relative to the communication device;
Shrestha discloses extracting environmental description information from the generated information. Shrestha at ¶76.
and
signal to the network node the communication signal message comprising the first reference signal measurement, at least some information from the environmental description information regarding the plurality of objects in an area proximate the communication device […]
Shrestha discloses signaling to the network the reference signal measurements as well as the environmental description information. Shrestha at ¶¶75 and 89-90.
Shrestha fails to disclose that the environmental information includes a position description information for the plurality of objects.
Xia discloses an analogous invention, namely a UE in a wireless network which may measure reference signals and may further measure environmental information for the purposes of beamforming. Xia at FIGS 1 and 3. Xia states that the environmental information may include the positions of objects in the UE environment. Xia at ¶¶30-31, “[t]he UE may also be able to estimate the channel variation due to movement of itself and/or movement or the position of nearby objects in the environment. The TRP does not have this information until the UE sends it as feedback. Thus, in an embodiment, the UE reports this information to the TRP”; ¶50, “sensors that measure the location of the UE 700 and/or the location and/or movement of other objects near the UE 702”; ¶8, “[i]n an embodiment, the beam recommendation information includes measured environmental parameters”.
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shrestha with the teachings of Xia as to including position information. Xia states that their environmental measurement information enables the UE to “request and/or negotiate a desired tradeoff between the beamforming gain and the beamforming robustness based on first hand information and/or measurements that are available to the UEs, but may not be available to the transmitter. Additionally, one or more embodiments enable the transmit and receive point (TRP) to understand the sensitivity requirements on the UE side and thereby allow the TRP to adapt its beamforming to compensate for the changing environments experienced by the UE due to, for example, the movement of the mobile device or others in the environment. Furthermore, embodiments of the disclosed systems and methods enable robust reception at the receiver side of a wireless communication system” Xia at ¶11. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Shrestha in view of Xia as applied to claim 1 above, and further in view of U.S. Pat 12,513,523 B2 to Khare et al. (“Khare”).
As to claim 2:
The method of Claim 1, further comprising:
determining, based on a privacy parameter, to omit signalling to the network node at least some information from the environmental description information and the position description information in the communication signal message that includes the first reference signal measurement.
While disclosing applicant’s claim 1 above, Shrestha in view of Xia fails to disclose determining, based on a privacy parameter, to omit signaling as to at least some of the information.
Khare discloses a similar endeavor, namely a UE in a wireless network in communication with a network node. Khare at FIG 1 and at 1:19-33 and 4:41-65. Khare discloses that the UE may obtain environmental data about its vicinity and provide such to the network, but may omit information based on a privacy parameter. Id. at 4:22-40 and 5:44-55.
Therefore it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to omit environmental data responsive to a privacy parameter as taught by Khare. This is because Khare states that such improves roaming in the communication network. Khare at 4:22-23. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shrestha in view of Xia as applied to claim 1 above, and further in view of U.S. Pat. PGPUB 2021/0044988A1 to Park et al. (“Park”).
As to claim 4:
The method of Claim 1, wherein the environmental description information comprises information related to a class, a dimension, and a material composition of each object in the detected plurality of objects.
While disclosing applicant’s claim 1, Shrestha in view of Xia fail to disclose that the environmental information comprises information related to a class, dimension, and a material composition of each object.
Park discloses an analogous invention, namely a wireless network that may determine environmental information about objects in its vicinity. Park at ¶¶3-5, 49, and 54. Park specifies that the environmental information about the objects in the vicinity may include the type (class), dimensions, and material properties. Id. at ¶¶71 and 81, “[t]he properties of the objects may include at least one of the material of the object surface and the external shape of the object, and in the case of an object capable of radio wave transmission, information related to the shape of the object and the signal attenuation upon the transmission may be included. Basically, information such as a type, a shape, a height, a breadth, and a width of the object may also be included in the real environment information.”
Therefore it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to include the environmental data of Park. This is because Park states that such improves accuracy. Park at ¶47. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
As to claim 9:
The method of Claim 1, wherein the environmental description information comprises information related to a dimension and a signal absorption metric of each object in the detected plurality of objects.
While disclosing applicant’s claim 1, Shrestha in view of Xia fail to disclose that the environmental information comprises information related to a dimension and a signal absorption metric of each object.
Park discloses an analogous invention, namely a wireless network that may determine environmental information about objects in its vicinity. Park at ¶¶3-5, 49, and 54. Park specifies that the environmental information about the objects in the vicinity may include the dimensions and material properties including signal absorption metric. Id. at ¶¶71 and 81, “[t]he properties of the objects may include at least one of the material of the object surface and the external shape of the object, and in the case of an object capable of radio wave transmission, information related to the shape of the object and the signal attenuation upon the transmission may be included. Basically, information such as a type, a shape, a height, a breadth, and a width of the object may also be included in the real environment information.”
Therefore it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to include the environmental data of Park. This is because Park states that such improves accuracy. Park at ¶47. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Shrestha in view of Xia as applied to claim 6 above, and further in view of Khare.
As to claim 7:
The method of Claim 6, further comprising:
signalling a second communication signal message comprising the second reference signal measurement to the network node, and the second communication signal message omitting the environmental description information and the position description information.
Shrestha discloses measuring reference signals as noted above in the rejection of claim 1 and 6, as one of ordinary skill in the art would understand that measuring reference signals in a UE is a continuous process i.e. it would necessarily happen a second time. However, Shrestha in view of Xia fails to disclose determining, based on a privacy parameter, to omit signaling as to at least some of the information.
Khare discloses a similar endeavor, namely a UE in a wireless network in communication with a network node. Khare at FIG 1 and at 1:19-33 and 4:41-65. Khare discloses that the UE may obtain environmental data about its vicinity and provide such to the network, but may omit information based on a privacy parameter. Id. at 4:22-40 and 5:44-55.
Therefore it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to omit environmental data responsive to a privacy parameter as taught by Khare. This is because Khare states that such improves roaming in the communication network. Khare at 4:22-23. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
As to claim 8:
The method of Claim 6, further comprising:
determining, based on a privacy parameter, to omit signalling to the network node the environmental description information and the position description information in the second communication signal message that includes the second reference signal measurement.
While disclosing claim 6 above, Shrestha in view of Xia fails to disclose determining, based on a privacy parameter, to omit signaling as to at least some of the information.
Khare discloses a similar endeavor, namely a UE in a wireless network in communication with a network node. Khare at FIG 1 and at 1:19-33 and 4:41-65. Khare discloses that the UE may obtain environmental data about its vicinity and provide such to the network, but may omit information based on a privacy parameter. Id. at 4:22-40 and 5:44-55.
Therefore it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to omit environmental data responsive to a privacy parameter as taught by Khare. This is because Khare states that such improves roaming in the communication network. Khare at 4:22-23. Further, one of ordinary skill in the art at the time of applicant’s earliest filing date would have understood such a combination to merely be an example of combining prior art elements according to known methods yielding predictable results. MPEP § 2143 I. A., citing KSR, 550 U.S. 398.
Conclusion
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supervisor, Andrew J. Fischer can be reached on 571-272-6779. The fax phone
number for the organization where this application or proceeding is assigned is 571-
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Signed,
/CHARLES R CRAVER/Primary Examiner, Art Unit 3992