DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 Arguments
2. This office action is in response to the amendment filed on 06/11/2026. Claims 16-30 are pending in this application and have been considered below. Claims 1-15 are canceled by the applicant.
3. Applicant arguments regarding the rejection under 35 U.S.C. 102(a)(1) as being anticipated by GUMMADI et al. (US 20200137522) have been fully considered but they are not persuasive. The examiner thoroughly reviewed Applicant’s arguments but firmly believes that the cited reference reasonably and properly meets the claimed limitation as rejected.
Applicant’s argument: Gummadi does not consider the case of a mobile PRU. In amended Claim 16, when it is indicated to the LMF that the PRU is a mobile type, the LMF provides a separate indicator via a location request message, which instructs the PRU to report information on its own location "every time" it reports information on the estimated location. As can be seen above, this specific dynamic reporting mechanism-triggered explicitly by the PRU being a mobile type-is not disclosed by Gummadi.
Examiner’s response: Examiner respectfully disagrees with applicant’s argument above.
First, amended claim 16 includes contingent limitations. Applicants are reminded that MPEP teaches: The contingent/conditional limitations are not positively recited in the claim(s) and are thus only executed [or performed or implemented], when the condition is true/met (See, (MPEP 2111.04) II). The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.
Claim 16 recites the following contingent limitations: “an indicator indicating whether the PRU is a fixed PRU or a mobile PRU…..wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted.” Claim 16 is drafted as a method (process), "when a condition is met..." clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the broadest reasonable interpretation (BRI) of claim 16 requires the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
Second, claim 16 clearly recites “an indicator indicating whether the PRU is a fixed PRU or a mobile PRU….. and wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted”. As discussed above, under BRI, due to the “OR” clause in the claim, only one of the requirement is considered for examination, which “fixed PRU”.
In paragraph 0040, GUMMADI teaches “UE 102 may further have circuitry and processing resources capable of computing a position fix or estimated location of UE 102 based on these location related measurements. In paragraph 0044, GUMMADI teaches “An estimate of a location of a UE 102 may be referred to as a location, location estimate, location fix, fix, position, position estimate or position fix, and may be geodetic, thereby providing location coordinates for the UE 102 (e.g., latitude and longitude) which may or may not include an altitude component (e.g., height above sea level, height above or depth below ground level, floor level or basement level). Alternatively, a location of the UE 102 may be expressed as a civic location (e.g., as a postal address or the designation of some point or small area in a building such as a particular room or floor). A location of a UE 102 may also include an uncertainty and may then be expressed as an area or volume (defined either geodetically or in civic form) within which the UE 102 is expected to be located with some given or default probability or confidence level (e.g., 67% or 95%). A location of a UE 102 may further be an absolute location (e.g. defined in terms of a latitude, longitude and possibly altitude and/or uncertainty) or may be a relative location comprising, for example, a distance and direction or relative X, Y (and Z) coordinates defined relative to some origin at a known absolute location. In the description contained herein, the use of the term location may comprise any of these variants unless indicated otherwise. Measurements (e.g. obtained by UE 102 or by another entity such as eNB 104) that are used to determine (e.g. calculate) a location estimate for UE 102 may be referred to as measurements, location measurements, location related measurements, positioning measurements or position measurements and the act of determining a location for the UE 102 may be referred to as positioning of the UE 102 or locating the UE 102.”
Thus, GUMMADI, does teach a first message including capability information of the PRU and an indicator indicating whether the PRU is a fixed PRU (see GUMMADI par 0040-0041 and 0044) or a mobile PRU.
Claim Construction
4. Contingent Limitations:
Amended claims 16 and 20 include contingent limitations. Applicants are reminded that MPEP teaches: The contingent/conditional limitations are not positively recited in the claim(s) and are thus only executed [or performed or implemented], when the condition is true/met (See, (MPEP 2111.04) II). The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.
Claims 16 and 20 recite the following contingent limitations: “an indicator indicating whether the PRU is a fixed PRU or a mobile PRU…..wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted.” Claims 16 and 20 are drafted as a method (process), "when a condition is met..." clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the broadest reasonable interpretation (BRI) of claims 16 and 20 require the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
Claims 19 and 23 recites the following contingent limitations: “based on the indicator indicating that the PRU is the network node type PRU, the request message further includes information for indicating the PRU to transmit a positioning reference signal (PRS) to another UE and to measure a sounding reference signal (SRS) transmitted by other UEs.” Claims 19 and 23 are drafted as a method (process), "when a condition is met..." clause acts as a strict condition precedent. The above limitations are contingent because they recite steps that are only required to be performed if their condition precedent is met. If the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated. Therefore, the broadest reasonable interpretation (BRI) of claims 19 and 23 require the steps to be performed only if the condition is met. However, if the condition never occurs, the steps do not need to be performed for the method to infringe or be anticipated.
5. 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.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 102
6. 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.
7. Claims 16-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GUMMADI et al. (US 20200137522) (hereinafter GUMMADI).
Regarding claim 16:
As shown in figures 1-7, GUMMADI discloses a method performed by a positioning reference unit (PRU) (see UE 102 in figure 3, par 0044) in a communication system (see figures 1-3), the method comprising:
transmitting, to a location management function (LMF) entity (202 in figures 2-3 and 700 in figure 7, par 0027, 0076, 0087), a first message (325 in figure 3) including capability information of the PRU (102 in figures 1-3) (see step 325 in figure 3) (par 0078) and an indicator indicating whether the PRU is a fixed PRU (par 0040-0041 and 0044. Also see examiner response with regards to claim 16 above) or a mobile PRU;
receiving, from the LMF entity (202 in figure 3), a request message (see 330-337 in figure 3) including information on a method requested by the LMF entity (202 in figure 3), the information on the method indicating to measure and estimate a location (par 0023, 0044, 0079-0083); and
transmitting, to the LMF entity (202 in figure 3), a second message (345 in figure 3) including information on a measured and estimated result based on the information on the method and location information of the PRU (102 in figure 3) (par 0085-0086), the location information including at least one of location coordination information (par 0023, 0028-0029, 0044) or antenna orientation information,
wherein the information on the method is included in a common request field (capabilities request interpreted to be a common request field, see par 0078-0086), and
wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted (this limitation relates to the “mobile PRU”, which is not considered for examination under BRI. See examiner’s response and claim construction with regards to contingent limitation of claim 16 above).
Regarding claim 24:
As shown in figures 1-7, GUMMADI discloses a positioning reference unit (PRU) (see 102 in figures 1-3 and 600 in figure 6) in a communication system (see figures 1-3), the PRU comprising:
a transceiver (604 in figure 6); and
a controller (614 in figure 6) configured to:
control the transceiver (604 in figure 6) to transmit, to a location management function (LMF) entity (202 in figure 3, par 0027, 0076, 0087), a first message (325 in figure 3) including capability information of the PRU (see step 325 in figure 3) (par 0078) and an indicator indicating whether the PRU is a fixed PRU (par 0040-0041 and 0044. Also see examiner response with regards to claim 16 above) or a mobile PRU,
control the transceiver to receive (see 330-337 in figure 3), from the LMF entity (202 in figure 3), a request message including information on a method requested by the LMF entity (202 in figure 3), the information on the method indicating to measure and estimate a location (par 0023, 0044, 0079-0083), and
control the transceiver to transmit, to the LMF entity (202 in figure 3), a second message (345 in figure 3) including information on a measured and estimated result based on the information on the method and location information of the PRU (102 in figure 3, par 0085-0086), the location information including at least one of location coordination information (par 0023, 0028-0029, 0044) or antenna orientation information,
wherein the information on the method is included in a common request field (capabilities request interpreted to be a common request field, see par 0078-0086), and
wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted (this limitation relates to the “mobile PRU”, which is not considered for examination under BRI. See above).
Regarding claim 20:
As shown in figures 1-7, GUMMADI discloses a method performed by a location management function (LMF) entity (202 in figures 2-3 and 700 in figure 7, par 0027, 0076, 0087) in a communication system (see figures 1-3), the method comprising:
receiving, from a positioning reference unit (PRU) (102 in figures 1-3), a first message (325 in figure 3) including capability information of the PRU (102 in figures 1-3) (see step 325 in figure 3) (par 0078) and an indicator indicating whether the PRU is a fixed PRU (par 0040-0041 and 0044. Also see examiner response with regards to claim 16 above) or a mobile PRU;
transmitting, to the PRU (102 in figure 3), a request message (see 330-337 in figure 3) including information on a method requested by the LMF entity (202 in figure 3), the information on the method indicating to measure and estimate a location (par 0023, 0044, 0079-0083); and
receiving, from the PRU (102 in figure 3), a second message (345 in figure 3) including information on a measured and estimated result based on the information on the method and location information of the PRU (102 in figure 3, par 0085-0086), the location information including at least one of location coordination information (par 0023, 0028-0029, 0044) or antenna orientation information,
wherein the information on the method is included in a common request field (capabilities request interpreted to be a common request field, see par 0078-0086), and
wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted (this limitation relates to the “mobile PRU”, which is not considered for examination under BRI. See examiner’s response and claim construction with regards to contingent limitation of claim 16 above).
Regarding claim 28:
As shown in figures 1-7, GUMMADI discloses a location management function (LMF) entity (202 in figures 2-3 and 700 in figure 7, par 0027, 0076, 0087) in a communication system (see figures 1-3), the LMF entity comprising:
a transceiver (702 in figure 7); and
a controller (704 in figure 7) configured to:
control the transceiver to receive, from a positioning reference unit (PRU) (102 in figures 1-3), a first message (325 in figure 3) including capability information of the PRU (102 in figures 1-3) (see step 325 in figure 3) (par 0078) and an indicator indicating whether the PRU is a fixed PRU (par 0040-0041 and 0044. Also see examiner response with regards to claim 16 above) or a mobile PRU,
control the transceiver to transmit, to the PRU, a request message (see 330-337 in figure 3) including information on a method requested by the LMF entity, the information on the method indicating to measure and estimate a location (par 0023, 0044, 0079-0083), and
control the transceiver to receive, from the PRU, a second message (345 in figure 3) including information on a measured and estimated result based on the information on the method and location information of the PRU (102 in figure 3, par 0085-0086), the location information including at least one of location coordination information (par 0023, 0028-0029, 0044) or antenna orientation information,
wherein the information on the method is included in a common request field (capabilities request interpreted to be a common request field, see par 0078-0086), and
wherein, based on the indicator indicating that the PRU is the mobile PRU, the request message further includes an additional indicator to include the location information in the second message whenever the second message is transmitted (this limitation relates to the “mobile PRU”, which is not considered for examination under BRI. See above).
Regarding claims 17, 21, 25 and 29:
GUMMADI further discloses wherein the capability information (see step 325 in figure 3) of the PRU includes at least one of a first indicator indicating location coordinate information provision is available or a second indicator indicating that antenna orientation information provision is available (par 0029, 0044), and
wherein, based on the indicator indicating that the PRU is the fixed PRU, the location information is not to be provided to the LMF entity after the second message is transmitted (figure 3 shows no information by the UE 102 is being transmitted to location server 202 after second message 345).
Regarding claims 18 and 26:
GUMMADI further discloses wherein the first message further includes an indicator indicating whether the PRU is user equipment (UE) PRU (see UE 102 in figure 3, par 0040, 0044) or a network node type PRU.
Regarding claims 19 and 27:
wherein, in case that based on the indicator indicating that the PRU is the network node type PRU, the request message further includes information for an additional indicator indicating the PRU to transmit a positioning reference signal (PRS) to another UE and to measure a sounding reference signal (SRS) transmitted by other UEs (under broadest reasonable interpretation (BRI) network node type PRU is not considered for examination. See claim 18 above).
Regarding claim 22:
GUMMADI further discloses determining an error value for configuring a reference signal based on the measured and estimated result (par 0086).
Regarding claim 23:
wherein the first message further includes an indicator indicating whether the PRU is a user equipment (UE) type PRU (see UE 102 in figure 2, par 0044) or a network node type PRU, and wherein, based on the indicator indicating that the PRU is the network node type PRU, the request message further includes information for indicating the PRU to transmit a positioning reference signal (PRS) to another UE and to measure a sounding reference signal (SRS) transmitted by other UEs.
Regarding claim 30:
wherein the controller is further configured to determine an error value for configuring a reference signal based on the measured and estimated result (par 0086), wherein the first message further includes an indicator indicating whether the PRU is a user equipment (UE) type PRU (see UE 102 in figure 3, par 0044) or a network node type PRU, and wherein, based on the indicator indicating that the PRU is the network node type PRU, the request message further includes information for an indicating the PRU to transmit a positioning reference signal (PRS) to another UE and to measure a sounding reference signal (SRS) transmitted by other UEs
Conclusion
8. 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
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, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/Primary Examiner, Art Unit 2631
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