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 .
Information Disclosure Statement
The information disclosure statement filed on April 10, 2024, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Specifically, the following documents have been filed in a foreign language and are not otherwise legible:
CN113301495
WO2021155793
CN113596905
PCT/CN2021/123345 International Search Report
With regard to the patent documents, Examiner specifically notes that the translation of the abstract alone is insufficient given the nature and complexity of the instant invention. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-14, 17-18, and 21-24 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “A method for indicating valid information, performed by a network side device.” Claim 8 subsequently recites “A method for indicating valid information, performed by a user equipment.” Examiner notes that both of these claims are two sides of the same coin and do not overlap in scope. However, it is unclear how both the network side device and the user equipment can be “indicating valid information” in this context. Depending on the definition and use of indicating, if the term applies at all, then the network side device may be considered to “indicate” valid information with regard to the valid information contained within the location information request message. However, in such a scenario, it is difficult to see how the user equipment can also be considered to “indicate” the valid information that it is claimed to receive. Further, it is unclear how or why Applicant considers sending and/or receiving valid information within a location information request message as “indicating” such information. For example, one would not say that receiving an email with scheduling information is equivalent to “indicating” the scheduling information, where such information is clearly and deliberately sent and received electronically. Dependent claims 2-7, 9-14, 17, and 21-22 fail to cure the deficiency.
Claim 2 recites “wherein the measurement priority information of the PRS resources comprises” which is indefinite because it presumes the existence of measurement priority information without actually necessitating it. Since claim 1 only claims measurement priority information in the alternative, not every embodiment of claim 1 and dependent claim 2 necessarily have measurement priority information in the first place. Thus, it is improper to further limit an element claimed in the alternative without first requiring its presence in the claim. Claims 3 and 4 are likewise rejected for the similar recitations of “wherein the information of the reference PRS resource” and “wherein the valid area information”, respectively.
Claim 17 recites “A network side device, comprising a processor and a memory storing a computer program, wherein when the computer program is executed by the processor, the network side device is caused to perform the method according to claim 1” which is indefinite for two reasons.
First, it appears to require the presence of user equipment which is not necessarily present, or outside the scope of the claim. For example, the network side device cannot be caused to perform the method of claim 1 if there is no user equipment in the vicinity, or if the network side device is not operatively paired with the user equipment. In such a case, executing the computer program would result in nothing happening. Similar claims 21-22 are likewise rejected due to the requirement of unclaimed equipment or structure.
Second, it is unclear how the network side device, claimed as only comprising a processor and a memory, is capable of “sending a location information message request” to a presumably remote user equipment. Processors and memory do not inherently contain antennas or other wireless hardware that would be required for such an action. In other words, a processor alone cannot send a wireless signal. Claim 18 is likewise rejected for the recitation of “the processor is configured to: receive a location information request message from a network side device” because, again, processors alone generally lack the ability to receive wireless signals.
Claim 18 recites “A user equipment, comprising a processor and a memory storing a computer program, wherein the processor is configured to: receive…and perform” which is indefinite, because it is unclear if the recitation is referring to some unique structural feature of the processor that is specifically configured to perform the recited steps (which does not appear to be disclosed by Applicant), or whether the processor is a generic processors that is configured to execute the computer program stored on the memory so as to perform the recited steps. Dependent claims 23-24 fail to cure the deficiency.
Claim 21 recites “A non-transitory computer-readable storage medium storing instructions, wherein when the instructions are executed, the method according to claim 1 is caused to be implemented” which is indefinite, because it is unclear how the method of claim 1 can be implemented unless the storage medium is operatively connected to, or part of, the network side device which is not required by the claim. Claim 22 is similarly rejected.
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 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)(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.
Claims 1-12, 14, 17-18, and 21-24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2022/0357418 A1), hereinafter Wang.
Regarding claim 1, Wang discloses a method for indicating valid information, performed by a network side device (abstract, regarding the positioning method includes: obtaining positioning information, where the positioning information includes priority information related to a positioning signal, and/or measurement time information of a positioning signal; and determining the positioning signal based on the positioning information), comprising:
sending a location information request message to a user equipment (UE) (para. [0038], regarding the E-SMLC sends the positioning assistance data to the terminal, and the terminal can measure a downlink positioning reference signal by using the positioning assistance data; as shown in figs. 1 and 3), wherein the location information request message comprises valid information of positioning assistance information, and the valid information comprises at least one of: measurement priority information of position reference signal (PRS) resources and information of a reference PRS resource in the positioning assistance information, or valid area information of the positioning assistance information (para. [0055], regarding the positioning information is positioning assistance data information sent by the network device, where the positioning assistance data information carries priority information of the positioning signal and/or the measurement time information of the positioning signal; or the positioning information is a measurement result request sent by the network device, where the measurement result request carries priority information of the positioning signal and/or the measurement time information of the positioning signal).
Regarding claim 5, Wang discloses the invention in claim 1, and further discloses the invention further comprising: pre-configuring the positioning assistance information for the UE (paras. [0114-0115], regarding a configuration mode of the at least one measurement time window includes but is not limited to the following configuration modes: (1) preconfiguration: configuring the start time and end time of the at least one measurement time window based on a configured time of the positioning signal); wherein pre-configuring the positioning assistance information for the UE comprises at least one of: pre-configuring the positioning assistance information for the UE in response to receiving a deferred location service request (not required); pre-configuring the positioning assistance information for the UE in a connected state, wherein the pre-configured positioning assistance information is applied to the UE in at least one of the connected state or in a non-connected state (para. [0078], regarding when a special request such as a low delay request is triggered or a low delay request is terminated, switching is performed to positioning configuration information of the default positioning signal or positioning configuration information of the preconfigured positioning signal); or pre-configuring the positioning assistance information for the UE in response to receiving scheduled location time information (not required).
Regarding claim 6, Wang discloses the invention in claim 1, and further discloses the invention further comprising: determining at least one of the measurement priority information of the PRS resources or information of the reference PRS resource based on a current location of the UE (para. [0073], regarding a plurality of pieces of positioning assistance data may be centrally predefined based on the geographical location of the terminal or a geographical location of a cell).
Regarding claim 7, Wang discloses the invention in claim 6, and further discloses wherein determining at least one of the measurement priority information of the PRS resources and/or the information of the reference PRS resource based on the current location of the UE comprises at least one of: determining at least one of the measurement priority information of the PRS resources and/or the information of the reference PRS resource, based on a cell where the UE is currently located; or determining at least one of the measurement priority information of the PRS resources and/or the information of the reference PRS resource, based on movement information of the UE and a time difference between a first time point at which the network side device sends the location information request message and a second time point at which the network side device pre-configures the positioning assistance information for the UE (see again para. [0073]).
Regarding claim 8, Wang discloses a method for indicating valid information, performed by a user equipment (UE) (abstract), comprising:
receiving a location information request message from a network side device (para. [0038], regarding the E-SMLC sends the positioning assistance data to the terminal, and the terminal can measure a downlink positioning reference signal by using the positioning assistance data; as shown in figs. 1 and 3), wherein the location information request message comprises valid information of positioning assistance information, and the valid information comprises at least one of: measurement priority information of position reference signal (PRS) resources and information of a reference PRS resource in the positioning assistance information, or valid area information of the positioning assistance information (see again para. [0055]); and
performing PRS measurement based on the location information request message (as shown in figs. 1 and 3).
Regarding claim 12, Wang discloses the invention in claim 8, and further discloses the invention further comprising: receiving the positioning assistance information pre-configured by the network side device (see paras. [0141-0143], regarding in a case in which the measurement result includes the type of the measurement result, the type of the measurement result is indicated by an indication identifier of a measurement result related to applying a target positioning signal, where the target positioning signal may be a low-delay or high-priority or preconfigured positioning signal; assuming that the target positioning signal is the low-delay positioning signal, the network device configures low-delay positioning information for the terminal).
Regarding claim 14, Wang discloses the invention in claim 8, and further discloses wherein performing PRS measurement based on the location information request message comprises: performing PRS measurement based on the measurement priority information of the PRS resources and the information of the reference PRS resource in the positioning assistance information (para. [0055], regarding when the positioning signal is a sounding reference signal (SRS), priority information of the SRS may be included in a radio resource control (RRC) SRS configuration message, and measurement time information of the SRS may be included in an LPPA message sent by the LMF or the E-SMLC to the base station; figs. 1 and 3).
Regarding claim 17, Wang discloses a network side device (E-MSLC/LMF as shown in fig. 3), comprising a processor and a memory storing a computer program (inherent), wherein when the computer program is executed by the processor, the network side device is caused to perform the method according to claim 1 (as per the rejection of claim 1 detailed hereinabove).
Regarding claim 18, Wang discloses a user equipment (UE) (UE as shown in figs. 1 and 3), comprising a processor and a memory storing a computer program (inherent), wherein the processor is configured to:
receive a location information request message from a network side device (para. [0038], regarding the E-SMLC sends the positioning assistance data to the terminal, and the terminal can measure a downlink positioning reference signal by using the positioning assistance data; as shown in figs. 1 and 3), wherein the location information request message comprises valid information of positioning assistance information, and the valid information comprises at least one of: measurement priority information of position reference signal (PRS) resources and information of a reference PRS resource in the positioning assistance information, or valid area information of the positioning assistance information (see again para. [0055]); and
perform PRS measurement based on the location information request message (as shown in figs. 1 and 3).
Regarding claim 21, Wang discloses a non-transitory computer-readable storage medium storing instructions, wherein when the instructions are executed, the method according to claim 1 is caused to be implemented (as per the rejection of claim 1 detailed hereinabove).
Regarding claim 22, Wang discloses a non-transitory computer-readable storage medium storing instructions, wherein when the instructions are executed, the method according to claim 8 is caused to be implemented (as per the rejection of claim 1 detailed hereinabove).
23. (New) The UE according to claim 18, wherein the measurement priority information of the PRS resources comprises at least one of:a PRS resource ID list, comprising PRS resource IDs corresponding to PRS resources sorted in an ascending or descending order based on a measurement priority of the PRS resources; a physical cell ID (PCI) list corresponding to the PRS resources, comprising: PCIs corresponding to PRS resources sorted in an ascending or descending order based on a measurement priority of the PRS resources; or a cell global ID (CGI) list corresponding to the PRS resources, comprising: CGIs corresponding to PRS resources sorted in an ascending or descending order based on a measurement priority of the PRS resources.
24. (New) The UE according to claim 18, wherein the information of the reference PRS resource comprises at least one of: a PRS resource ID corresponding to the reference PRS resource; a physical cell ID (PCI) corresponding to the reference PRS resource; or a cell global ID (CGI) corresponding to the reference PRS resource.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
a) Determining the scope and contents of the prior art.
b) Ascertaining the differences between the prior art and the claims at issue.
c) Resolving the level of ordinary skill in the pertinent art.
d) Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-4, 9-11, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0357418 A1), hereinafter Wang.
Regarding claims 2, 9, and 23, Wang discloses the invention in claims 1, 8, and 18, respectively, but does not appear to specifically disclose wherein the measurement priority information of the PRS resources comprises at least one of: a PRS resource ID list, comprising PRS resource IDs corresponding to PRS resources sorted in an ascending or descending order based on a measurement priority of the PRS resources; a physical cell ID (PCI) list corresponding to the PRS resources, comprising: PCIs corresponding to PRS resources sorted in an ascending or descending order based on a measurement priority of the PRS resources; or a cell global ID (CGI) list corresponding to the PRS resources, comprising: CGIs corresponding to PRS resources sorted in an ascending or descending order based on a measurement priority of the PRS resources.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose a specific type of measurement priority information from a small list of possible measurement priority information types, since the equivalence of PRS resource ID lists, PCI lists, and CGI lists and generic measurement priority information for their use in the location finding art and the selection of any known equivalents to generic measurement priority information would be within the level of ordinary skill in the art.
Regarding claims 3, 10, and 24, Wang discloses the invention in claims 1, 8, and 18, respectively, but does not appear to specifically disclose wherein the information of the reference PRS resource comprises at least one of: a PRS resource ID corresponding to the reference PRS resource; a physical cell ID (PCI) corresponding to the reference PRS resource; or a cell global ID (CGI) corresponding to the reference PRS resource.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose a specific type of information of the reference PRS resource from a small list of possible information types, since the equivalence of PRS resource ID, PCI, and CGI and generic PRS resource information for their use in the location finding art and the selection of any known equivalents to generic PRS resource information would be within the level of ordinary skill in the art.
Regarding claims 4 and 11, Wang discloses the invention in claims 1 and 8, but does not appear to specifically disclose wherein the valid area information of the positioning assistance information comprises at least one of: the valid area information of the positioning assistance information consisting of a physical cell ID (PCI) list; the valid area information of the positioning assistance information consisting of a cell global ID (CGI) list; or the valid area information of the positioning assistance information consisting of a transmission-reception point (TRP) ID list.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose a specific type of valid area information from a small list of possible information types, since the equivalence of PCI lists, CGI lists, and TRP ID lists, and generic PRS resource information for their use in the location finding art and the selection of any known equivalents to generic valid area information would be within the level of ordinary skill in the art.
Allowable Subject Matter
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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/BRADY W FRAZIER/Primary Examiner, Art Unit 3648