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 .
DETAILED ACTION
This office action is in response to the remarks filed on 06/02/2026.
Claims 1-10, 14-19, 33 are currently pending.
Claims 11-13, 20-32 are canceled in a preliminary amendment.
Claims 1-10, 14-19, 33 are rejected.
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 1, 3-4, 7, 10, 14, 16-17, 33 are rejected under 35 U.S.C. 103 as being unpatentable over Myeongjin Kim et al (US 20200351815 A1) in view of Per Ernström et al (US 20240205877 A1).
For Claim 1, Kim discloses an apparatus comprising at least one processing core, at least one memory including computer program code, the at least one memory and the computer program code being configured to, with the at least one processing core (Kim teaches, in ¶ 0102, lines 2-5, that The UE 110 may include a Tx data processor 165, a symbol modulator 170, a transmitter 175, a transmission/reception antenna 135, a processor 155, a memory 160, a receiver 140, a symbol demodulator 155, and an Rx data processor 150), cause the apparatus at least to:
- perform a phase measurement on a first signal received wirelessly in the apparatus from a network node at a frequency or frequencies to determine phase information of the first signal (Kim teaches, in FIG. 8, In operation 810, the UE acquires a phase difference between the sinusoidal components of the DL PRS), wherein the first signal is a downlink positioning reference signal (Kim teaches, in FIG. 8, in operation 805, the UE receives a DL PRS including sinusoidal components of different angular frequencies from a BS);
- transmit a second signal to the network node using a same panel entity as was used in receiving the first signal, wherein the second signal is an uplink sounding reference signal (Kim teaches, in FIG. 8, In operation 815, the UE transmits a first uplink (UL) PRS indicating the phase difference for measurement of a first distance between the UE and the BS at a first time). Examiner notes that since the UE has a single transmission/reception antenna 135, the UE, therefore, transmits using a same panel entity as was used in receiving.
Kim fails to expressly disclose to cause transmission of the phase information of the first signal to a network server.
However, Ernström, in analogous art, discloses to cause transmission of the phase information of the first signal to a network server (Ernström teaches, in ¶ 0152, that The UE estimates the phases ψ.sub.v.sup.est and ψ.sub.h.sup.est and signals them to the LMF over LPP).
Ernström also teaches in ¶ 0014 that “A new uplink (UL) reference signal based on the NR UL Sounding Reference Signal (SRS) was introduced and called “SRS for positioning”. Ernström further teaches in ¶ 0034 that “the LMF will indicate to the serving gNB the need to direct the UE to transmit SRS signals for uplink positioning. The UE transmits the SRS towards the gNB, and the gNB can measure the AoA of the SRS.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Kim with the phase-measurement reporting taught in Ernström. The motivation is so that the location server (LMF) can estimate a position of the wireless device with better accuracy.
For Claim 3, Kim discloses an apparatus, wherein the apparatus is configured to perform the transmitting of the second signal at the same frequency, or frequencies, as the first signal was transmitted on (Kim teaches, in ¶ 0056, that the BS first sends a downlink (DL) PRS at different frequencies, and then the UE needs to measure the phase difference of the DL PRS received from each BS).
For Claim 4, Kim discloses an apparatus, wherein the apparatus is configured to perform the transmitting of the second signal at a different frequency, or where the first signal has more than one frequency, at different frequencies than the transmission of the first signal (Kim teaches, in ¶ 0056, that the BS first sends a downlink (DL) PRS at different frequencies, and then the UE needs to measure the phase difference of the DL PRS received from each BS).
For Claim 7, Kim discloses an apparatus comprising at least one processing core, at least one memory including computer program code, the at least one memory and the computer program code being configured to, with the at least one processing core (Kim teaches, in ¶ 0102, lines 2-5, that The BS 105 may include a transmission (Tx) data processor 115, a symbol modulator 120, a transmitter 125, a transmission/reception antenna 130, a processor 180, a memory 185), cause the apparatus at least to:
- transmit a first signal to user equipment, wherein the first signal is a downlink positioning reference signal (Kim teaches, in FIG. 8, in operation 805, the UE receives a DL PRS including sinusoidal components of different angular frequencies from a BS);
- the user equipment to determine phase information of the second signal (Kim teaches, in FIG. 8, In operation 810, the UE acquires a phase difference between the sinusoidal components of the DL PRS), the second signal received using a same panel entity as was used in transmitting the first signal Kim teaches, in FIG. 8, In operation 820, the BS measures a first distance between the UE and the BS at a first time, based on the first UL PRS), wherein the second signal is an uplink sounding reference signal (Kim teaches, in FIG. 8, In operation 815, the UE transmits a first uplink (UL) PRS indicating the phase difference for measurement of a first distance between the UE and the BS at a first time).
Examiner notes that since the BS has a single transmission/reception antenna 130, the BS, therefore transmits using a same panel entity as was used in receiving.
Kim fails to expressly disclose to perform a phase measurement on a second signal received wirelessly in the apparatus from the UE; and to cause transmission of the phase information of the first signal to a network server.
However, Ernström, in analogous art, discloses to perform a phase measurement on a second signal received wirelessly in the apparatus from the UE (Ernström teaches, in ¶ 0115, that The gNB (or gNB-DUs) estimates the phases ψ.sub.v.sup.est and ψ.sub.h.sup.est); and to cause transmission of the phase information of the first signal to a network server (Ernström teaches, in ¶ 0116, that The gNB (or gNB-CU, once it receives an indication over F1AP) signals the phase uncertainties together with the phase estimates to the LMF over NRPPa).
Ernström also teaches in ¶ 0014 that “A new uplink (UL) reference signal based on the NR UL Sounding Reference Signal (SRS) was introduced and called “SRS for positioning”. Ernström further teaches in ¶ 0034 that “the LMF will indicate to the serving gNB the need to direct the UE to transmit SRS signals for uplink positioning. The UE transmits the SRS towards the gNB, and the gNB can measure the AoA of the SRS.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Kim with the phase-measurement reporting taught in Ernström. The motivation is so that the location server (LMF) can estimate a position of the wireless device with better accuracy.
For Claims 10, 33, Kim discloses all of the claimed subject matter with the exception that the network server comprises a location server.
However, Ernström, in analogous art, discloses that the network server comprises a location server (Ernström teaches, in ¶ 0033 that The DL PRS is configured by each cell separately, and the location server (LMF) collects all configuration via the NRPPa protocol).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Kim with the phase-measurement reporting taught in Ernström. The motivation is so that the location server (LMF) can estimate a position of the wireless device with better accuracy.
For Claim 14, please refer to the rejection of Claim 1, above.
For Claims 16-17, please refer to the rejection of Claims 3-4, above.
Claims 2, 5, 8, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Myeongjin Kim et al (US 20200351815 A1) in view of Per Ernström et al (US 20240205877 A1) as applied to claims 1, 7 or 14, respectively, above, and further in view of Antoine Carrabin et al (US 20240125883 A1).
For Claims 2, 8, 15, Kim & Ernström disclose all of the claimed subject matter with the exception of identifying the frequency or the frequencies of the first signal.
However, Carrabin, in analogous art, discloses identifying the frequency or the frequencies of the first signal (Carrabin teaches, in ¶ 0025, that Such a frequency shift value allows the sums of unmodulated pure carrier signals to be easily separated by the mobile receiver, while remaining in the same frequency channel (of frequency width equal to 12.5 kHz, in the very high frequency band)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Kim & Ernström with identifying the frequency channel as taught in Carrabin. The motivation is to reduce the cost of implementing the system [Carrabin: ¶ 0025].
For Claims 5, 9, 18, Kim & Ernström disclose all of the claimed subject matter with the exception that the first signal and the second signal each comprise one or more unmodulated sinusoidal signal.
However, Carrabin, in analogous art, discloses the first signal and the second signal each comprise one or more unmodulated sinusoidal signal (Carrabin teaches, in ¶ 0013, that wherein each transmitter base is configured to transmit a sum of at least two unmodulated pure carrier signals of different frequencies, each pure carrier signal being in the form of an unmodulated continuous wave, preferably sinusoidal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Kim & Ernström with identifying the frequency channel as taught in Carrabin. The motivation is to reduce the cost of implementing the system [Carrabin: ¶ 0025].
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Myeongjin Kim et al (US 20200351815 A1) in view of Per Ernström et al (US 20240205877 A1) as applied to claims 1 or 14, respectively, above, and further in view of Alexandros Manolakos et al (US 20240305511 A1).
For Claims 6, 19, Kim & Ernström disclose all of the claimed subject matter with the exception to receive a third signal, from a second network node, at least in part concurrently with the first signal, and to transmit a fourth signal, at least in part concurrently with the second signal.
However, Carrabin, in analogous art, discloses to receive a third signal, from a second network node, at least in part concurrently with the first signal, and to transmit a fourth signal, at least in part concurrently with the second signal (Carrabin teaches, in ¶ 0050, that The simultaneous transmission and/or reception of multiple carriers enables the UE 104/182 to significantly increase its data transmission and/or reception rates).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Kim & Ernström with identifying the frequency channel as taught in Carrabin. The motivation is to significantly increase its data transmission and/or reception rates [Carrabin: ¶ 0050].
Response to Arguments
Applicant's arguments filed on 06/02/2026 have been fully considered but they are not persuasive. Examiner will respond in the rebuttal that follows:
Rejection under 35 USC 103
Claims 1-12, 15-17, 19, 21-22
Examiner respectfully disagrees with Applicant’s statement that Kim and Ernstrom, individually or in combination, fail to disclose or suggest at least “transmit a second signal to the network node using a same panel entity as was used in receiving the first signal, wherein the second signal is an uplink sounding reference signal, as recited in claim 1,” (see remarks, pages 11-13).
The reason being Kim teaches, in FIG. 8, in operation 805, the UE receives a DL PRS including sinusoidal components of different angular frequencies from a BS. And Kim teaches, in FIG. 8, In operation 815, the UE transmits a first uplink (UL) PRS indicating the phase difference for measurement of a first distance between the UE and the BS at a first time. As already noted in the rejection above, Examiner reasons that since the UE has a single transmission/reception antenna 135, the UE, therefore, transmits uplink (UL) PRS using a same panel entity as was used in receiving the DL PRS.
Thus, Examiner agrees with Applicant’s statement that “The Office Action took the position that Fig. 8 of Kim discloses or suggests the above-referenced elements of the claims. As noted above, Fig. 8 of Kim discloses a reference signal transmission/reception method for distance measurement. In operation 805 of Kim, the UE receives a DL PRS from the BS, and in operation 810, the UE acquires a phase difference between sinusoidal components of the DL PRS. In operation 815 of Kim, the UE transmits a first UL PRS to the BS indicating the phase difference, and in operation 820, the BS measures ta first distance between the UE and the BS at a first time. In operation 825 of Kim, the UE transmits a second UL PRS to the BS for measurement of a second stance between the UE at a changed location and the BS’.
Examiner, however, disagrees with Applicant assertion that “Furthermore, even if it was assumed that Kim discloses using the same panel entity (not admitted), the signal transmitted in operation 815 of Kim is a PRS signal, not an SRS signal”.
The reason being Ernström expressly teaches in ¶ 0014 that “A new uplink (UL) reference signal based on the NR UL Sounding Reference Signal (SRS) was introduced and called “SRS for positioning”.
Clearly, Ernström indicates/suggests that the SRS for positioning [i.e., PRS] is in fact, a Sounding Reference Signal (SRS). Thus, contrary to the Applicant's position, Examiner respectfully submits that the signal transmitted in operation 815 of Kim is [essentially] an SRS signal.
Moreover, Ernström teaches in ¶ 0034 that “the LMF will indicate to the serving gNB the need to direct the UE to transmit SRS signals for uplink positioning. The UE transmits the SRS towards the gNB, and the gNB can measure the AoA of the SRS.”
Since the instant rejection is based on a combination of references, it may be useful to remind Applicant about MPEP 2145. MPEP 2145 cautions that “one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).”
For at least the above reasons, Examiner respectfully submits that the combination of Kim and Ernstrom would have rendered claims 1, 3, 4, 7, 10, 14, 16, 17, and 33 obvious to one of ordinary skill in the art. Accordingly, the rejection is respectfully maintained as proper.
Claims 2, 5, 6 depend upon claim 1, claim 8 depends upon claim 7, and claims 15, 18, and 19 depend upon claim 14. However, dependent claims 2, 5, 6, 8, 15 18, and 19 have been rejected on their own merits, as well as for depending from rejected base claims. Thus, claims 2, 5, 6, 8, 15 18, and 19 are also not yet allowable.
Accordingly, Examiner respectfully requests that the rejection of claims 1-10, 14-19, 33, under 35 U.S.C. § 103, be maintained as proper.
In light of the above rebuttal and rejection, Examiner believes that this instant rejection should be made final.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A KAMARA whose telephone number is (571)2705629. The examiner can normally be reached M-F 9AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES JIANG can be reached at (571)2707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMED A KAMARA/
Primary Examiner, Art Unit 2412
Prosecution Insights