DETAILED ACTION
1. This office action is a response to Preliminary amendment for application no. 18/688,884 filed on 03/04/2024 with claim(s) 1-61 cancelled and claim(s) 62-81 currently pending for examination.
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 .
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.
Information Disclosure Statement
The Examiner has considered all the references in the submitted Information Disclosure Statement filed on 03/08/2024 and 09/11/2025.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 62-69, 71-74, and 76-81 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Ghimire et al. (EP 3783986 A1), hereinafter “Ghimire”. Ghimire is provided in the IDS submitted on 09/11/2025.
Regarding claim 62, Ghimire discloses an apparatus, comprising:
At least one processor (see Ghimire [Pg. 14, ¶0126], “The server comprises a processor …”); and
At least one memory comprising computer program code (see Ghimire [Pg. 14, ¶0126], “… and a memory …”),
The at least one memory and computer program code configured, with the at least one processor, to cause the apparatus at least to (see Ghimire [Pg. 14, ¶0126], “… and a memory containing instructions executable by said processor …”):
Transmit, respectively, a request for spectrum sensing information to a serving network node and one or more neighbor network nodes associated with multiple positioning sessions of multiple target devices (see Ghimire [Pg. 13, ¶0113], “… sending a request to each network node nearest the at least one network entity which receives the uplink signal to provide a list of neighboring cells the request includes at least a EARFCN, an uplink bandwidth and a cyclic prefix corresponding to the uplink positioning signal.”);
Receive the spectrum sensing information from the serving network node and the one or more neighboring network nodes (see Ghimire [Pg. 12, ¶0099], “The LMF may additionally request the gNB to configure a certain UE to make measurement on a certain gNB (either serving or neighboring) and report the result.”);
Calculate, using the received spectrum sensing information, sounding reference signal (SRS) resources to be utilized by at least one of the multiple target devices (see Ghimire [Pg. 14, ¶0121], “… requesting the network nodes to delegate scheduling of UEs on those positioning slots to the first network entity, and allocating SRS configuration(s) to UEs.”);
Indicate, to the serving node associated with at least one of the multiple positioning sessions, a list of SRS configurations obtained based on the calculated SRS resources (see Ghimire [Pg. 14, ¶0125], “… communicating used Sounding Reference Signal, SRS, configuration(s) to neighboring network nodes, …”); and
Receive, from the serving network node, an indication of a selected at least one of the SRS configurations (see Ghimire [Pg. 7, ¶0047], “The NG-RAN node(s) 41 replies, in an uplink position slot information response and provide alternatives. If all NG-RAN nodes 41 accept the configuration provided by the LMF 42, then the LMF 42 proceeds with the configuration acceptable to all of the NG-RAN nodes.”).
Regarding claim 63, Ghimire discloses the apparatus of claim 62, wherein the request for spectrum sensing information comprises an indication of which spectrum utilization metrics are to be measured, wherein the spectrum utilization metrics comprise reference signal received power (see Ghimire [Pg. 14, ¶0128], “The assistance data could include among others: a configuration of an UL position signal and information on UL resources, e.g. SRS configuration, power level, beamforming information, PUSCH resource allocation map etc.”).
Regarding claim 64, Ghimire discloses the apparatus of claim 62, wherein the request for spectrum sensing information comprises a request for a spectrum utilization report per transmission-reception point (TRP) beam (see Ghimire [Pg. 14, ¶0128], “The assistance data could include … beamforming information”).
Regarding claim 65, Ghimire discloses the apparatus of claim 62, wherein at least one of the serving network node and neighbor network nodes comprises gNBs or TRPs (see Ghimire [Pg. 5, ¶0030], “… the LMF informs each gNB controlling the neighboring cells to keep certain uplink resources constrained or unscheduled to avoid interference with the uplink resources of the uplink positioning signal. As an example, the LMF identifies the cells where there should be no PUSCH or SRS transmission on certain REs to the positioning link and communicates this information to the gNBs controlling the cells identified as neighbors of the network entities or TRPs used for receiving the the positioning signals, requesting these gNBs to leave these resources idle.”).
Regarding claim 66, Ghimire discloses the apparatus of claim 62, wherein the apparatus comprises, or is comprised in a location management function (see Ghimire [Pg. 5, ¶0029], “The first network entity may be the LMF.”).
Regarding claim 67, Ghimire discloses the apparatus of claim 62, wherein the request for spectrum sensing information comprises at least one of a list of carrier frequencies, component carriers, frequency range or bandwidth parts for which the network nodes should report spectrum utilization (see Ghimire [Pg. 6, ¶0041], “… the request includes include at least a radio frequency channel number, e.g. a E-UTRA Absolute Radio Frequency Channel Number (EARFCN), an UpLink (UL) bandwidth and a cyclic prefix corresponding to the uplink positioning reference signal to be transmitted.”; also see Ghimire [Pg. 14, ¶0128], “The assistance data could include among others: a configuration of an UL positioning signal and information on UL resources, e.g. SRS configuration, power level, beamforming information, PUSCH resource allocation map etc.”).
Regarding claim 68, Ghimire discloses the apparatus of claim 62, wherein the calculating comprises combining the spectrum sensing information from a positioning process of interest with other concurrent positioning processes involving the same serving or neighboring network nodes (see Ghimire [Pg. 7, ¶0052], “… if all entities or network nodes respond with the same enumeration (e.g. OK), the uplink positioning slot can be created, by the LMF, in the configured slot. Otherwise, the LMF tries to search for the slot where all the other entities/network nodes also respond OK, by repeated the above sequences.”).
Regarding claim 69, Ghimire discloses the apparatus of claim 62, wherein the calculating comprises obtaining SRS configuration sets per network node, and wherein the list of SRS configuration comprises the SRS configurations in order or preference (see Ghimire [Pg. 7, ¶0047], “The LMF 42 transmits to at least one NG-RAN node 41 an plink positioning slot information request and provides a configuration of a possible slot for positioning purposes. The NG-RAN node(s) 41 replies, in an uplink position slot information response and provide alternatives.”).
Regarding claim 71, Ghimire discloses an apparatus, comprising:
at least one processor; and at least one memory comprising computer program code, the at least one memory and computer program code configured, with the at least one processor, to cause the apparatus at least to (Note: It should be inherent and obvious to one of ordinary skill in the art that for an apparatus to perform the detailed specifications would require the hardware and instructions inherent in TRPs such as a processor, memory, and program code.):
Receive a request for spectrum sensing from a location management entity (see Ghimire [Pg. 12, ¶0099], “The LMF may additionally request the gNB to configure a certain UE to make measurement on a certain gNB”);
Perform the spectrum sensing (see Ghimire [Pg. 12, ¶0099], “… to configure a certain UE to make measurement …”); and
Transmit an outcome of the spectrum sensing to the location management entity (see Ghimire [Pg. 12, ¶0099], “… and report the result. … The gNB acts as intermediary in this case, forwarding configuration and collecting and reporting the measurements.”).
Regarding claim 72, Ghimire discloses the apparatus of claim 71, wherein the request for spectrum sensing information comprises an indication of which spectrum utilization metrics are to be measured, wherein the spectrum utilization metrics comprise reference signal received power (see Ghimire [Pg. 14, ¶0128], “(1602) monitoring the received power level by measuring the RSRP (Received Signal Received Power), …”).
Regarding claim 73, Ghimire discloses the apparatus of claim 71, wherein the request for spectrum sensing information comprises a request for a spectrum utilization report per transmission-reception point (TRP) beam (see Ghimire [Pg. 14, ¶0128], “The assistance data could include … beamforming information”).
Regarding claim 74, Ghimire discloses the apparatus of claim 71, wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to:
Receive, from the location management entity, a list of sounding reference signal (SRS) configurations (see Ghimire [Pg. 14, ¶0121], “… requesting the network nodes to delegate scheduling of UEs on those positioning slots to the first network entity, and allocating SRS configuration(s) to UEs.”);
Evaluate the list of SRS configurations and select at least one of the SRS configurations (see Ghimire [Pg. 7, ¶0050], “… if the configuration provided by the network node collides with another uplink positioning reference signal (UL PRS) signal measured configured on the same Resource Element (RE), the NG-RAN node 41 also provides the dynamical range of the signal by specifying the minimum and maximum signal power the new positioning signal must arrive … The uplink positioning slot response may include an enumeration (OK, NOK) …”; also see Ghimire [Pg. 9, ¶0073], “In the uplink positioning reservation slot information response message, the NG-RAN confirms whether it can configure this reservation slot, but also provides alternatives in the form of RIV and slot index pair. The number of alternatives suggested and the region (in time and frequency) where the alternatives may be suggested can be configured in the information request.”); and
Transmit, to the location management entity, an indication of the selected at least one of the SRS configurations (see Ghimire [Pg. 7, ¶0047], “The NG-RAN node(s) 41 replies, in an uplink position slot information response and provide alternatives. If all NG-RAN nodes 41 accept the configuration provided by the LMF 42, then the LMF 42 proceeds with the configuration acceptable to all of the NG-RAN nodes.”).
Regarding claim 76, Ghimire discloses the apparatus of claim 71, wherein, to perform the spectrum sensing, the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to measure a receive power and a noise power on SRS transmitted from co-scheduled user equipments (see Ghimire [Pg. 14, ¶0128], “(1602) monitoring then received powr level by measuring the RSRP (Received signal Received Power), RSSI (Received Signal Strength Indication) or SINR (Signal to Interference Noise Ratio) on these resources.”).
Regarding claim 77, Ghimire discloses the apparatus of claim 71, wherein, to perform the spectrum sensing, the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus to measure a received power and a noise and interference power on SRS transmitted from the co-scheduled user equipments (see Ghimire [Pg. 14, ¶0128], “(1602) monitoring then received powr level by measuring the RSRP (Received signal Received Power), RSSI (Received Signal Strength Indication) or SINR (Signal to Interference Noise Ratio) on these resources.”).
Regarding claim 78, Ghimire discloses a method, comprising:
Transmitting, respectively, a request for spectrum sensing information to a serving network node and one or more neighbor network nodes associated with multiple positioning sessions of multiple target devices (see Ghimire [Pg. 13, ¶0113], “… sending a request to each network node nearest the at least one network entity which receives the uplink signal to provide a list of neighboring cells the request includes at least a EARFCN, an uplink bandwidth and a cyclic prefix corresponding to the uplink positioning signal.”);
Receiving the spectrum sensing information from the serving network node and the one or more neighboring network nodes (see Ghimire [Pg. 12, ¶0099], “The LMF may additionally request the gNB to configure a certain UE to make measurement on a certain gNB (either serving or neighboring) and report the result.”);
Calculating, using the received spectrum sensing information, sounding reference signal (SRS) resources to be utilized by at least one of the multiple target devices (see Ghimire [Pg. 14, ¶0121], “… requesting the network nodes to delegate scheduling of UEs on those positioning slots to the first network entity, and allocating SRS configuration(s) to UEs.”);
Indicating, to the serving network node associated with at least one of the multiple positioning sessions, a list of SRS configurations obtained based on the calculated SRS resources (see Ghimire [Pg. 14, ¶0125], “… communicating used Sounding Reference Signal, SRS, configuration(s) to neighboring network nodes, …”); and
Receiving, from the serving network node, an indication of a selected at least one of the SRS configurations (see Ghimire [Pg. 7, ¶0047], “The NG-RAN node(s) 41 replies, in an uplink position slot information response and provide alternatives. If all NG-RAN nodes 41 accept the configuration provided by the LMF 42, then the LMF 42 proceeds with the configuration acceptable to all of the NG-RAN nodes.”).
Regarding claim 79, Ghimire discloses the method of claim 78, wherein the request for spectrum sensing information comprises an indication of which spectrum utilization metrics are to be measured, wherein the spectrum utilization metrics comprise reference signal received power (see Ghimire [Pg. 14, ¶0128], “The assistance data could include among others: a configuration of an UL position signal and information on UL resources, e.g. SRS configuration, power level, beamforming information, PUSCH resource allocation map etc.”).
Regarding claim 80, Ghimire discloses the method of claim 78, wherein the request for spectrum sensing information comprises a request for a spectrum utilization report per transmission-reception point (TRP) beam (see Ghimire [Pg. 14, ¶0128], “The assistance data could include … beamforming information”).
Regarding claim 81, Ghimire discloses the method of claim 78, wherein at least one of the serving network node and neighbor network nodes comprise gNBs or TRPs (see Ghimire [Pg. 5, ¶0030], “… the LMF informs each gNB controlling the neighboring cells to keep certain uplink resources constrained or unscheduled to avoid interference with the uplink resources of the uplink positioning signal. As an example, the LMF identifies the cells where there should be no PUSCH or SRS transmission on certain REs to the positioning link and communicates this information to the gNBs controlling the cells identified as neighbors of the network entities or TRPs used for receiving the the positioning signals, requesting these gNBs to leave these resources idle.”).
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.
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.
Claim 70 is rejected under 35 U.S.C. 103 as being unpatentable over by Ghimire et al. (EP 3783986 A1), hereinafter “Ghimire” in view of Siomina et al. (US 2021/0392609 A1), hereinafter “Siomina”.
Regarding claim 70, Ghimire discloses the apparatus of claim 62.
Ghimire does not explicitly disclose wherein the calculating comprises applying a switching method to switch between SRS configuration sets as indicated from layer 1 or higher layer signaling.
Siomina discloses wherein the calculating comprises applying a switching method to switch between SRS configuration sets as indicated from layer 1 or higher layer signaling (see Siomina [Pg. 2, ¶0023], “The UE is configured to perform SRS switching by means of SRS-CarrierSwitching information Element (IE) via higher layer protocol such as RRC.”). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate a method of switching SRS configurations as detailed by Siomina, onto the system of Ghimire, in order to increase measurement accuracy and system efficiency (see Siomina [Pg. x, ¶0050], “For example, without SRS switching, a UE may be capable to transmit only over one or maybe two CCs, while with SRS switching the number of CCs with SRS transmissions from such UE may be significantly larger. The UL positioning with thus become more accurate and the spectrum will be exploited more efficiently.”)
Claim 75 is rejected under 35 U.S.C. 103 as being unpatentable over by Ghimire et al. (EP 3783986 A1), hereinafter “Ghimire” in view of Marupaduga et al. (US 10,873,987 B1), hereinafter “Marudapuga”.
Regarding claim 75, Ghimire discloses the apparatus of claim 71.
Ghimire does not explicitly disclose wherein, to perform the spectrum sensing, the at least one memory and compute program code are configured, with the at least one processor, to cause the apparatus at least to measure average noise level occupied over a channel bandwidth of an indicated spectrum without any uplink transmission scheduling.
Marupaduga discloses wherein, to perform the spectrum sensing, the at least one memory and compute program code are configured, with the at least one processor, to cause the apparatus at least to measure average noise level occupied over a channel bandwidth of an indicated spectrum without any uplink transmission scheduling (see Marupaduga [Col. 8, Ln. 45-56], “Further, for each such carrier, the 5G base station could measure the uplink energy level across the carrier’s full bandwidth or perhaps specifically on an uplink shared channel of the carrier on which scheduled uplink transmissions would occur or other portion of the carrier, among other possibilities. And the 5G base station could regularly report its respective uplink noise level to the 4G base station for storage as part of this uplink-noise data and/or could report its respective uplink noise level to another entity, …”; also see Marudapuga [Col. 9, Ln. 59-64], “… the uplink noise level could be based on energy level measured by the candidate second base station on an operating carrier of the candidate second base station (e.g., at least one such carrier) in an absence of scheduled uplink data transmission to the candidate second base station.”). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate measuring the average noise as detailed by Marupaduga, onto the system of Ghimire, in order to measure and determine a more efficient configuration as opposed to a configuration with high average noise resulting in low throughput and high rates of retransmission (see Marupaduga [Col. 5, Ln. 36-44], “When a base station receives a high level of uplink noise … As a result, the base station may encounter increased uplink transport-block errors and consequently an increased rate of uplink retransmission, which could reduce overall uplink throughput and reduce uplink-PRB availability, among other problems.).
Conclusion
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/J.D./Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462