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
The Amendment filed May 14, 2026 has been entered. Claims 29-46 are pending in the application. Applicant has submitted amendments to the claims along with other remarks. Applicant’s amendments to the drawings have overcome the objection. Claims 29-46 are still rejected by prior art references, refer to the following rejection for details.
Response to Arguments
Applicant’s arguments and amendments, see pp. 11-19 of the response, filed May 14, 2026, with respect to the rejection(s) of claim(s) 29-46 under §§ 102, 103 have been fully considered but are not persuasive, please see the rejection for details.
Regarding claim 29, Applicant states that “Manolakos et al. discloses an indication of which types of PRS a UE can process without a measurement gap,” which “is different from an indication of an ability of a network device to receive PRS even if measurement gaps are not used.” The broadest reasonable interpretation of “an indication of an ability of the network device to receive one or more positioning reference signals in a mode that does not require a measurement gap” is anticipated by “one or more capability messages indicating one or more capabilities of the UE to process positioning reference signals (PRS), the one or more capabilities indicating at least a duration of PRS that the UE can process within a measurement window without a measurement gap.” Applicant has not shown that there is a meaningful difference between “ability” and “capability” in this context or that the “mode that does not require a measurement gap” is not equivalent to “a duration of PRS that the UE can process within a measurement window without a measurement gap.”
The claim does not recite an indication of the mode or an indication of the requirement—only that the mode and the requirement would arise from the “indication of an ability of the network.” That is, the claim does not require an explicit showing of a particular mode being indicated or a particular requirement being indicated.
Regarding amended claim 46, it is unclear whether it is intended to claim both the optimal PRS configuration and lowest latency based on both the MG-less and MG-based mode or in the alternative. The specification at [0032] (“determining an optimal positioning reference signal configuration with a lowest latency based on the at least one mode comprising the measurement gap based mode or without the measurement gap based mode for different ones of the positioning reference signals”) and [0058] (“the optimal PRS configuration and lowest latency (based on MG-less or MG-based preference from UE”) appears to determine the optimal PRS configuration in the alternative, while the amended claim appears to determine the optimal PRS configuration as a combination. Clarification is required.
For these reasons, the rejection is maintained.
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.
Claims 29-34, 36-41, and 43-46 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Publication No. 2021/0337377 (hereinafter “Manolakos”).
Regarding claim 29, Manolakos teaches: An apparatus comprising: at least one processor ([0007]); and at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus to at least ([0007]): send, by a network device, information comprising an indication of an ability of the network device to receive one or more of positioning reference signals in a mode that does not require a measurement gap for reception of the positioning reference signals (Abstract, Disclosed are techniques for wireless communication. In an aspect, a user equipment (UE) transmits, to a network entity, one or more capability messages indicating one or more capabilities of the UE to process positioning reference signals (PRS), the one or more capabilities indicating at least a duration of PRS that the UE can process within a measurement window without a measurement gap,); based on the indication, receive from a network node of a communication network information comprising one or more sets of positioning reference signals (Abstract, performs one or more positioning measurements of one or more PRS resources during the measurement window up to the duration of PRS.).
Regarding claim 30, Manolakos teaches: wherein the received one or more sets of positioning reference signals comprises, based on the indication from the network device, a positioning reference signal receivable in the mode that that does not require a measurement gap ([0008]).
Regarding claim 31, Manolakos teaches: wherein the information comprising the indication comprises a further indication of a downlink positioning reference signal processing window that the network device will use for processing a positioning reference signal in the mode that that does not require a measurement gap ([0112] With further reference to DL-PRS, DL-PRS have been defined for NR positioning to enable UEs to detect and measure more neighboring TRPs. Several configurations are supported to enable a variety of deployments (e.g., indoor, outdoor, sub-6 GHz, mmW). In addition, beam sweeping is supported for PRS to support PRS beam operation. The following table illustrates various types of reference signals that can be used for various positioning methods supported in NR.).
Regarding claim 32, Manolakos teaches: wherein the information comprising the indication comprises a further indication of a purpose of the positioning reference signals, and wherein the indicated purpose of the positioning reference signals is for at least one of an accuracy, latency, or a complexity associated with the positioning reference signals ([0084] RTT and multi-RTT methods can be combined with other positioning techniques, such as UL-AoA and DL-AoD, to improve location accuracy.).
Regarding claim 33, Manolakos teaches: wherein the instructions, when executed with the at least one processor, cause the apparatus to: measure by the network device the one or more sets of positioning reference signals in the mode that does not require the measurement gap ([0084] Downlink-and-uplink-based positioning methods include enhanced cell-ID (E-CID) positioning and multi-round-trip-time (RTT) positioning (also referred to as “multi-cell RTT”). In an RTT procedure, an initiator (a base station or a UE) transmits an RTT measurement signal (e.g., a PRS or SRS) to a responder (a UE or base station), which transmits an RTT response signal (e.g., an SRS or PRS) back to the initiator. The RTT response signal includes the difference between the ToA of the RTT measurement signal and the transmission time of the RTT response signal, referred to as the reception-to-transmission (Rx-Tx) time difference. The initiator calculates the difference between the transmission time of the RTT measurement signal and the ToA of the RTT response signal, referred to as the transmission-to-reception (Tx-Rx) time difference. The propagation time (also referred to as the “time of flight”) between the initiator and the responder can be calculated from the Tx-Rx and Rx-Tx time differences.).
Regarding claim 34, Manolakos teaches: wherein a mode for different ones of the positioning reference signals is based on at least one of: current scheduling constraints, data activity, positioning reference signal processing capability, positioning reference signal bandwidth, current active downlink bandwidth part, periodicity of the positioning reference signals, periodicity of measurement gap pattern, periodicity of downlink positioning reference signal signal processing window, number of positioning reference signal measurement samples, or downlink positioning reference signal processing window ([0086] To assist positioning operations, a location server (e.g., location server 230, LMF 270, SLP 272) may provide assistance data to the UE. For example, the assistance data may include identifiers of the base stations (or the cells/TRPs of the base stations) from which to measure reference signals, the reference signal configuration parameters (e.g., the number of consecutive positioning subframes, periodicity of positioning subframes, muting sequence, frequency hopping sequence, reference signal identifier, reference signal bandwidth, etc.), and/or other parameters applicable to the particular positioning method. Alternatively, the assistance data may originate directly from the base stations themselves (e.g., in periodically broadcasted overhead messages, etc.). in some cases, the UE may be able to detect neighbor network nodes itself without the use of assistance data.).
Regarding claim 36, Manolakos teaches: sending, by a network device, information comprising an indication of an ability of the network device to receive one or more of positioning reference signals in a mode that does not require a measurement gap for reception of positioning reference signals (Abstract, Disclosed are techniques for wireless communication. In an aspect, a user equipment (UE) transmits, to a network entity, one or more capability messages indicating one or more capabilities of the UE to process positioning reference signals (PRS), the one or more capabilities indicating at least a duration of PRS that the UE can process within a measurement window without a measurement gap,); based on the indication, receiving from a network node, of a communication network, information comprising one or more sets of positioning reference signals (Abstract, performs one or more positioning measurements of one or more PRS resources during the measurement window up to the duration of PRS.).
Regarding claim 37, Manolakos teaches: wherein the received one or more sets of positioning reference signals comprises, based on the indication from the network device, a positioning reference signal receivable in the mode that does not require the measurement gap ([0008]).
Regarding claim 38, Manolakos teaches: wherein the information comprising the indication comprises a further indication of a downlink positioning reference signal processing window that the network device will use for processing a positioning reference signal in the mode that that does not require a measurement gap ([0112] With further reference to DL-PRS, DL-PRS have been defined for NR positioning to enable UEs to detect and measure more neighboring TRPs. Several configurations are supported to enable a variety of deployments (e.g., indoor, outdoor, sub-6 GHz, mmW). In addition, beam sweeping is supported for PRS to support PRS beam operation. The following table illustrates various types of reference signals that can be used for various positioning methods supported in NR.).
Regarding claim 39, Manolakos teaches: wherein the information comprising the indication comprises a further indication of a purpose of the positioning reference signals, and wherein the indicated purpose of the positioning reference signals is for at least one of an accuracy, latency, or a complexity associated with the positioning reference signals ([0084] RTT and multi-RTT methods can be combined with other positioning techniques, such as UL-AoA and DL-AoD, to improve location accuracy.).
Regarding claim 40, Manolakos teaches: wherein the at least one non-transitory memory including the computer program code is configured with the at least one processor to cause the apparatus to measure by the network device the one or more sets of positioning reference signals in the mode that does not require the measurement gap ([0084] Downlink-and-uplink-based positioning methods include enhanced cell-ID (E-CID) positioning and multi-round-trip-time (RTT) positioning (also referred to as “multi-cell RTT”). In an RTT procedure, an initiator (a base station or a UE) transmits an RTT measurement signal (e.g., a PRS or SRS) to a responder (a UE or base station), which transmits an RTT response signal (e.g., an SRS or PRS) back to the initiator. The RTT response signal includes the difference between the ToA of the RTT measurement signal and the transmission time of the RTT response signal, referred to as the reception-to-transmission (Rx-Tx) time difference. The initiator calculates the difference between the transmission time of the RTT measurement signal and the ToA of the RTT response signal, referred to as the transmission-to-reception (Tx-Rx) time difference. The propagation time (also referred to as the “time of flight”) between the initiator and the responder can be calculated from the Tx-Rx and Rx-Tx time differences.).
Regarding claim 41, Manolakos teaches: wherein a mode for different ones of the positioning reference signals is based on at least one of: current scheduling constraints, data activity, positioning reference signal processing capability, positioning reference signal bandwidth, current active downlink bandwidth part, periodicity of the positioning reference signals, periodicity of measurement gap pattern, periodicity of downlink positioning reference signal signal processing window, number of positioning reference signal measurement samples, or downlink positioning reference signal processing window ([0086] To assist positioning operations, a location server (e.g., location server 230, LMF 270, SLP 272) may provide assistance data to the UE. For example, the assistance data may include identifiers of the base stations (or the cells/TRPs of the base stations) from which to measure reference signals, the reference signal configuration parameters (e.g., the number of consecutive positioning subframes, periodicity of positioning subframes, muting sequence, frequency hopping sequence, reference signal identifier, reference signal bandwidth, etc.), and/or other parameters applicable to the particular positioning method. Alternatively, the assistance data may originate directly from the base stations themselves (e.g., in periodically broadcasted overhead messages, etc.). in some cases, the UE may be able to detect neighbor network nodes itself without the use of assistance data.).
Regarding claim 43, Manolakos teaches: An apparatus comprising: at least one processor ([0007]); and at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus to at least ([0007]): receive, by a network node, from a network device of a communication network information comprising an indication of an ability of the network device to receive one or more of positioning reference signals in a mode that does not require a measurement gap for the reception of the positioning reference signals (Step 910); based on the indication, determine at least one configuration of positioning reference signal configurations, wherein the at least one configuration comprises one or more sets of positioning reference signals for reception ([0008]) in at least one of: the mode that does not require the measurement gap or a mode that does require the measurement gap (Step 910); and send by the network node towards the network device information comprising the one or more sets of positioning reference signals ([0119] FIG. 7 is a diagram 700 of an example radio frequency (RF) signal processing procedure, according to various aspects of the disclosure. In order to identify the time of arrival (ToA) of an RF signal (e.g., a positioning reference signal (PRS)), the receiver (e.g., a UE) first buffers and then jointly processes all the resource elements (REs) on the channel on which the transmitter (e.g., a base station) is transmitting the RF signal.).
Regarding claim 44, Manolakos teaches: wherein the information comprising the indication comprises a further indication of a downlink positioning reference signal processing window to be used by the network device for processing a positioning reference signal in the mode that does not require the measurement gap ([0112] With further reference to DL-PRS, DL-PRS have been defined for NR positioning to enable UEs to detect and measure more neighboring TRPs. Several configurations are supported to enable a variety of deployments (e.g., indoor, outdoor, sub-6 GHz, mmW). In addition, beam sweeping is supported for PRS to support PRS beam operation. The following table illustrates various types of reference signals that can be used for various positioning methods supported in NR.).
Regarding claim 45, Manolakos teaches: wherein the information comprising the indication comprises a further indication of a purpose of the positioning reference signals, and wherein the indicated purpose of the positioning reference signals is for at least one of an accuracy, latency, or a complexity associated with the positioning reference signals ([0084] RTT and multi-RTT methods can be combined with other positioning techniques, such as UL-AoA and DL-AoD, to improve location accuracy.).
Regarding claim 46, Manolakos teaches: wherein determining the at least one configuration comprises determining an optimal positioning reference signal configuration with lowest latency based on the mode that does not require the measurement gap and the mode that does require the measurement gap ([0074] Channel estimates derived by the channel estimator from a reference signal or feedback transmitted by the base station 304 may be used by the transmitter 314 to select the appropriate coding and modulation schemes, and to facilitate spatial processing. The spatial streams generated by the transmitter 314 may be provided to different antenna(s) 316. The transmitter 314 may modulate an RF carrier with a respective spatial stream for transmission. [0087], [0098], [0127], [0149]).
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.
Claims 35 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos in view of Non-patent Literature entitled, “Summary on agenda item 8.11.4 on on-demand PRS” (hereinafter “R2”).
Regarding claim 35, Manolakos does not specifically teach: wherein the indication of the ability of the network device to received the one or more of the positioning reference signals comprises a request for on-demand positioning reference signals.
However, in the same field of endeavor, R2-2106467 teaches: wherein the indication for positioning reference signals comprises a request for on-demand positioning reference signals (p. 5/11).
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 modify Manolakos to include the feature of on-demand PRS and a combination of Manolakos with R2 renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing on-demand PRS in gapless configuration).
Regarding claim 42, Manolakos does not specifically teach: wherein the indication of the ability of the network device to receive the one or more of the positioning reference signals comprises a request for on-demand positioning reference signals.
However, in the same field of endeavor, R2-2106467 teaches: wherein the indication for positioning reference signals comprises a request for on-demand positioning reference signals (p. 5/11).
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 modify Manolakos to include the feature of on-demand PRS and a combination of Manolakos with R2 renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing on-demand PRS in gapless configuration).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2024/0373435 (Thomas) related to positioning configuration and assistance data enhancements over unlicensed bands
U.S. Publication No. 2020/0154240 (Edge) methods and systems for on-demand transmission of a positioning reference signal in a wireless network
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JAB/ Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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