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 06/08/2026 has been entered. Claims 1-30 are pending in the application. Applicant’s amendment overcomes the 101 rejection of claims 28-30 from the previously filed Office Action.
Response to Arguments
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments for the USC § 102 rejection of claim 1, Applicant argues on pg. 10 (Group “A”) of the Remarks,
“In Zhang, an "antenna group" is a set of antennas forming an antenna port "through antenna virtualization superposition," and the groups are associated with "beamforming vectors" that produce different "beam directions" (II 0271, 0273). Zhang's grouping criterion is thus the spatial beam a group is intended to form, as characterized in Zhang by beam direction, main-lobe geometry, and geographic coverage (see Fig. 8; " 0258-0261; Fig. 6 "spatial parameter group"). The claims, by contrast, require that the grouping be performed according to a phase-based parameter correlated with an electromagnetic characteristic of the antennas themselves. These are different organizing principles, and Zhang is silent as to the latter.”
Examiner respectfully disagrees. The beamforming criteria of Zhang includes phase-based parameters that are correlated with an electromagnetic characteristic. A person having ordinary skill in the art understands that analog beamforming is comprised of adjusting the phase of a signal. The “analog beamforming vectors” disclosed in Zhang (see Zhang paragraph 0271) are a beamforming technique that adjusts phase of signals. The phase shifters of Zhang Fig. 10 demonstrate that the phase of signals can be adjusted according to the beamforming vector. Additionally, the RF (radio frequency) chains of Zhang Fig. 10 show that the signals being processed are electromagnetic radio frequency signals. The antennas are grouped together according to beamforming vectors, and the beamforming vectors include phase-shifting aspects. Therefore, the Examiner asserts that the antennas are “grouped according to at least a phase-based parameter” as written in the limitations of claim 1.
Applicant further argues on pg. 10 (Group “B”) of the Remarks,
“The Office Action's reliance on the phase shifters in Zhang's Fig. 10 is respectfully misplaced. The mere presence of phase shifters in an RF chain (Fig. 10) establishes only that Zhang performs analog beamforming; it does not disclose, expressly or inherently, that antennas are grouped according to any phase-based parameter. Anticipation under § 102 requires that the single reference disclose the claimed arrangement-here, the act of grouping antennas according to the recited phase-based parameter-arranged as in the claim. A component used for a different purpose (beam steering) does not anticipate a claimed selection criterion (phase-based grouping) absent disclosure of that criterion. Zhang contains no such disclosure.”
Examiner respectfully disagrees. Examiner referenced the phase shifters of Zhang to show that the beamforming vector aspects of Zhang include phase-based parameters. Examiner agrees that the antennas of Zhang are grouped according to beamforming. The phase shifters of Zhang show that there is a phase shifting component of the beamforming categorization of the antenna groups, allowing the antenna groups have the same beam direction. The phase-shifters apply the beamforming vectors, and the antennas are grouped together according to beamforming vectors. Examiner asserts that beamforming includes phase-based parameters. Therefore, Zhang reads on claim 1 “grouped according to at least a phase-based parameter” as written according to broadest reasonable interpretation.
Applicant further argues on pgs. 10-11 (Group “C”) of the Remarks,
“In rejecting dependent claims 9 and 21 under § 103, the Office Action expressly states that "Zhang fails to disclose grouping antennas together based on a specific phase based parameter such as phase noise, relative phase, phase bias, or phase error margin." Office Action, p. 15. The enumerated parameters in claim 9 are precisely the "electromagnetic characteristic" species recited in the independent claims' genus. If Zhang does not disclose grouping by any of these phase-based parameters, as the Office Action has found, then Zhang cannot anticipate the parent limitation requiring grouping "according to at least a phase-based parameter correlated with an electromagnetic characteristic.” Applicant respectfully submits this is dispositive of the anticipation rejection.”
Examiner respectfully disagrees. The “electromagnetic characteristic” species of claim 9 are not included in the limitations of claim 1. Claim 1 does not recite the electromagnetic characteristics of claim 9. Claim 1 includes the limitation “at least a phase-based parameter correlated with an electromagnetic characteristic of a plurality of antennas”. According to broadest reasonable interpretation, Examiner must analyze claim 1 according to the broad claim language of claim 1 as written. According to the analysis above and the claim mapping further found in the 102 rejection of claim 1 later in this Office Action, Zhang discloses the limitations of claim 1 as written. Examiner suggests amending claim 1 to include the characteristics of claim 9 to narrow the claim language of claim 1 if Applicant is intending for the “electromagnetic characteristics” to be more specific.
Regarding Applicant’s arguments for the USC § 103 rejection of claims 9 and 21, Applicant argues on pg. 11 (Group “A”) of the Remarks,
“The Office Action cites Thurfjell T 0045 for the proposition that "the phase errors between the antenna elements should be known." Thurfjell's teaching is directed to correlated antenna pairs whose phases are calibrated or whose phase errors are known and compensated in order to improve angle estimation. That is the opposite of the claimed concept: the claims require forming groups of antennas according to a phase-based parameter as the grouping criterion. Knowing or calibrating away an antenna pair's phase error does not teach or suggest organizing antennas into groups by phase noise, relative phase, phase bias, or phase error margin. Neither reference supplies the missing grouping criterion.”
Examiner respectfully disagrees. Thurfjell establishes knowing the phase errors of antennas in a group. Zhang establishes grouping antennas according to a phase-based parameter. The combination of the antenna grouping disclosed in Zhang would be obvious to combine with known antenna phase errors of Thurfjell in order to group antennas according to phase error to improve beamforming by applying beamforming vectors (such as the beamforming vectors of Zhang) accordingly to achieve the desired beam direction.
Applicant further argues on pgs. 11-12 (Group “B”) of the Remarks,
“The Office Action's stated rationale, to combine so as to "group antennas together based on phase error to minimize signal error," recites the very insight of the claimed invention rather than a teaching, suggestion, or motivation found in the references. Thurfjell's stated purpose is accurate AoA estimation using known/calibrated phases, not the formation of phase-based antenna groups. A person of ordinary skill, reading Zhang (beamforming-based grouping) and Thurfjell (phase calibration of antenna pairs), would have no reason derived from the references themselves to arrive at grouping antennas according to a phase-based parameter. The obviousness rejection therefore lacks the requisite rational underpinning and should be withdrawn.”
Examiner respectfully disagrees. The combination of the antenna grouping disclosed in Zhang would be obvious to combine with known antenna phase errors of Thurfjell in order to group antennas according to phase error to improve beamforming by applying beamforming vectors (such as in the beamforming methods of Zhang) accordingly to achieve the desired beam direction. Applying the correct beamforming vectors would reduce signal error. Zhang establishes grouping antennas according to beamforming criteria. Thurfjell establishes correlated antenna pairs whose phase errors are known. It is reasonable to expect the antenna phase errors of Thurfjell to qualify as beamforming criteria used in the grouping of Zhang. Examiner asserts that the combination of Zhang and Thurfjell read on Applicant’s claim 9 and 21 as written.
Regarding Applicant’s arguments for the USC § 103 rejection of claims 4, 5, and 18, Applicant argues pg. 12 (Group “C”) of the Remarks,
“Thurfjell's disclosure of a half-wavelength inter-antenna distance and phase-difference-based positioning (T 0058; Fig. 4) is directed to determining position from phase differences across antennas; it says nothing about grouping antennas according to a phase-based parameter. Claims 4, 5, and 18 thus remain patentable for at least the reasons given for claim 1 and claim 15, respectively.”
Examiner respectfully disagrees. Applicant’s claim 4 is directed towards defining a distance between antennas in a group, and the positioning of the UE being based on distance and the phases associated with reference signals. Thurfjell discloses these limitations. See 103 rejection of claim 4 included later in this office action for detailed citations from Thurfjell. Claim 5 is directed towards determining AoD or AoA from reference signal phases and positioning the UE based on AoD or AoA. Zhang discloses the limitations of claim 5. See 103 rejection of claim 5 included later in this office action for detailed citations from Zhang. Claim 18 recites a combination of elements from claims 4 and 5. Examiner applies the same cited sections and rationale from claims 4 and 5 to claim 18. Claims 4, 5, and 18 are not directed towards grouping antennas according to phase-based parameters. Examiner previously established that Zhang discloses grouping antennas according to phase-based parameters.
For at least these reasons, Examiner is unpersuaded and maintains previous rejections corresponding to the USC § 102 rejection of claim 1. The same cited sections and rationale are applied to independent claims 15, 24, and 28. Therefore, the Examiner asserts that Zhang et al. (US 20200413366 A1) discloses each and every limitation of independent claims 1, 15, 24, and 28 based on the broadest reasonable interpretation of the claims.
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)(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) 1-3, 6-8, 12, 14-17, 19-20, 23-25, 27-28, and 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (US 20200413366 A1).
Regarding claim 1, Zhang discloses
A method for supporting positioning of a user equipment (UE) in a wireless network, the method comprising (see pg. 1, paragraph 0002, “The disclosure relates to methods and devices in wireless communication systems, and in particular to a method and a device supporting positioning”; Fig. 1, UE 201):
defining one or more groups of antennas associated with a wireless network node (see Fig. 10, antenna groups with various beam directions and RF chains; pg. 10, paragraph 0271, “one antenna port is formed by antennas in a positive integer number of antenna group(s) through antenna virtualization superposition; one antenna group includes a positive integer number of antenna(s)”), each of the one or more groups of antennas grouped according to at least a phase-based parameter correlated with an electromagnetic characteristic of a plurality of antennas (see Fig. 10, phase shifters; pg. 10, paragraph 0271, beamforming vectors corresponding to antenna groups; pg. 10, paragraph 0273, beam directions correspond to beamforming vectors and antenna ports);
sending, to a network entity of the wireless network, data identifying the defined one or more groups of antennas (see Fig. 5, S20 second node N2 transmits second information signal, S10 first node N1 receives second information signal; see pg. 2, paragraph 0052, “In one embodiment, the second information includes partial or all IEs in an E-CID MEASUREMENT INITIATION REQUEST.”);
receiving configuration data from the network entity, the configuration data identifying at least one group of antennas of the one or more groups of antennas (see Fig. 5, S31 target node N3 receives signals; pg. 7, paragraph 0194, “A target terminal N3 receives Q1 first-type radio signal(s), and obtains Q1 piece(s) of channel information according to the received Q1 first-type radio signal(s) respectively in S31, and transmits a first radio signal in S32.”); and
based on the configuration data, sending or receiving reference signals with the wireless network node using the identified at least one group of antennas of the one or more groups of antennas, the reference signals configured to be used in the positioning of the UE (see pg. 8, paragraph 0213, “the first node N1 is a base station, and the Q1 first-type radio signals are all PRSs.”; pg. 8, paragraph 0216, “the first node N1 is a base station, and the Q1 first-type radio signals are all PRSs.”; Fig. 5, F2 S2 determining position of a target terminal).
Regarding claim 2, Zhang further discloses
The method of claim 1, further comprising sending, to the network entity, information relating to a capability of the wireless network node, the capability indicative of whether the wireless network node is configured to support usage of multiple groups of the plurality of antennas grouped according to at least the phase-based parameter (see Abstract, “the first information includes a first Identifier (ID) and Q1 piece(s) of channel information, and the first information is used for indicating Q1 geographic position(s); the Q1 piece(s) of channel information is(are) based on a channel measurement(s) performed by a target node for the Q1 spatial parameter group(s) respectively”; Fig. 5, all three nodes can communicate with each other).
Regarding claim 3, Zhang further discloses
The method of claim 1, wherein the wireless network node comprises a base station, the UE, or a peer UE different from the UE (see pg. 8, paragraphs 0213-0216, the network node can be a base station or a UE).
Regarding claim 6, Zhang further discloses
The method of claim 1, wherein the sending or receiving of the reference signals is further based on a request from the network entity (see pg. 2, paragraph 0052, “In one embodiment, the second information includes partial or all IEs in an E-CID MEASUREMENT INITIATION REQUEST.”).
Regarding claim 7, Zhang further discloses
The method of claim 1, wherein the reference signals comprise an uplink reference signal or a downlink reference signal, the uplink reference signal comprising a sounding reference signal (SRS), the downlink reference signal comprising a positioning reference signal (PRS) (see pg. 8, paragraph 0216, “the Q1 first-type radio signals are all PRSs.”).
Regarding claim 8, Zhang further discloses
The method of claim 1, wherein the network entity comprises a base station or a location management function (LMF) (see pg. 2, paragraph 0057, “In one embodiment, the second node is a Location Management Function (LMF).”).
Regarding claim 12, Zhang further discloses
The method of claim 1, wherein the positioning of the UE comprises either (i) performing an angle of departure (AoD) measurement based at least on the reference signals sent with the wireless network node using the identified at least one group of antennas, or (ii) performing an angle of arrival (AoA) measurement based at least on the reference signals received with the wireless network node using the identified at least one group of antennas (see pg. 8, paragraph 0236, “In one embodiment, each of the Q1 piece(s) of channel information includes an Angle of Arriving (AoA)”).
Regarding claim 14, Zhang further discloses
The method of claim 1, wherein each of the one or more groups of antennas comprises a subset of the plurality of antennas (see pg. 10, paragraph 0272, “In one embodiment, the Q1 first-type radio signal(s) is(are) transmitted by Q1 antenna port group(s) respectively, any one of the Q1 antenna port group(s) includes a positive integer number of antenna port(s), different antenna ports in one antenna port group are formed by same antennas, and different antenna ports in one same antenna port group correspond to different beamforming vectors.”).
Regarding claim 15, the same cited sections and rationale from claim 1 are applied. Zhang further discloses
A wireless network node comprising (see Fig. 4, example diagram of communication nodes; Figs. 10-12 example communication device and nodes):
at least one wireless communication interface (see pg. 2, paragraph 0051, “In one embodiment, the second information is transmitted through an air interface.”);
memory (see Fig. 4, memory 460 and memory 476);
a plurality of antennas (see Fig. 10); and
one or more processors communicatively coupled to the at least one wireless communication interface and the memory (see Fig. 10, baseband processor), and configured to:
Regarding claims 16-17, the same cited sections and rationale for claims 2-3 are applied.
Regarding claims 19-20, the same cited sections and rationale from claims 7-8 are applied.
Regarding claim 23, the same cited sections and rationale from claim 12 are applied.
Regarding claim 24, the same cited sections and rationale from claim 15 are applied.
Regarding claim 25, the same cited sections and rationale from claim 16 are applied.
Regarding claim 27, the same cited sections and rationale from claim 12 are applied.
Regarding claim 28, the same cited sections and rationale from claim 15 are applied.
Regarding claim 30, the same cited sections and rationale from claim 12 are applied.
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 4-5, 9, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20200413366 A1) in view of Thurfjell (US 20160212738 A1).
Regarding claim 4, Thurfjell discloses
The method of claim 1, wherein:
each of the one or more groups of antennas is located within the wireless network node such that a distance between two antennas within a group of antennas is defined (see Fig. 2; pg. 4, paragraph 0058, “the distance d between the antennas is half a wavelength, which corresponds to a path difference of ¼ wavelengths (i.e. 90 degrees) from the 5 antennas to the UE”); and
the positioning of the UE is based at least on (i) the distance, and (ii) phases associated with the reference signals (see Fig. 4, S1 reference signal phase differences and S4 determining a position of a device).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Thurfjell into the invention of Zhang. Both Zhang and Thurfjell are considered analogous arts to the claimed invention as they both disclose UE positioning methods with a plurality of antennas. Zhang discloses all the limitations of claim 1; however, Zhang fails to disclose a defined distance between two antennas within a group of antennas, and the positioning of a UE being based on that distance. This feature is disclosed by Thurfjell where the distance between antennas can be specified as half a wavelength, which leads to a difference of wavelengths from each antenna, and the phase differences of signals can be used to determine the position of a wireless device. The combination of Zhang and Thurfjell would be obvious with a reasonable expectation of success in order to improve positioning accuracy by having set distances, and therefore wavelengths, for each antenna, leading to a wider direction range.
Regarding claim 5, Zhang further discloses
The method of claim 4, further comprising determining an angle of departure (AoD) or an angle of arrival (AoA) based on a difference between the phases associated with the reference signals;
wherein the positioning of the UE is further based on the AoD or the AoA (see pg. 8, paragraph 0236, “In one embodiment, each of the Q1 piece(s) of channel information includes an Angle of Arriving (AoA)”).
Regarding claim 9, Thurfjell discloses
The method of claim 1, wherein the electromagnetic characteristic comprises: a phase noise, a relative phase, a phase bias, or a phase error margin, or a combination thereof (see pg. 3, paragraph 0045, “Preferably, the antenna elements of each correlated antenna pair should have calibrated phases, or the phase errors between the antenna elements should be known”).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Thurfjell into the invention of Zhang. Zhang discloses the limitations of claim 1, including grouping antennas together based on a phase based parameter; however, Zhang fails to disclose grouping antennas together based on a specific phase based parameter such as phase noise, relative phase, phase bias, or phase error margin. This feature is disclosed by Thurfjell where the phase errors between antenna elements can be known. The combination of Zhang and Thurfjell would be obvious with a reasonable expectation of success in order to group antennas together based on phase error to minimize signal error or preemptively correct for known phase errors, improving signal transmission and reception. The antenna grouping of Zhang would be obvious to combine with known antenna phase errors of Thurfjell in order to group antennas according to phase error to improve beamforming by applying beamforming vectors (such as in the beamforming methods of Zhang) accordingly to achieve the desired beam direction. Applying the correct beamforming vectors would reduce signal error. Zhang establishes grouping antennas according to beamforming criteria. Thurfjell establishes correlated antenna pairs whose phase errors are known. It is reasonable to expect the antenna phase errors of Thurfjell to qualify as beamforming criteria used in the grouping of Zhang.
Regarding claim 18, the same cited sections and rationale from claims 4 and 5 are applied.
Regarding claim 21, the same cited sections and rationale from claim 9 are applied.
Allowable Subject Matter
Allowance of claims 10-11, 13, 22, 26, and 29 is indicated because:
None of the prior art of record teach or suggest the subject matter of dependent claims 10-11, 13, 22, 26, and 29. The prior art of record does not anticipate or render fairly obvious in combination to teach all of the additional limitations of the claimed invention, as best understood within the context of Applicant’s claimed invention as a whole, such as in claim 10 (and similarly claims 22, 26, and 29) a group of antennas comprising phase-noise groups, as well as in claim 13, choosing an antenna group based on a reliability factor determined by a machine learning algorithm.
Accordingly, claims 10, 13, 22, 26, and 29 are deemed to have allowable subject matter. Claim 11 could also be considered allowable subject matter by virtue of their dependence on allowable claims.
Claims 10-11, 13, 22, 26, and 29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
Dwivedi et al. (US 20220006589 A1); A system and method for providing phase noise-based signal design for positioning in a communication system. In one embodiment, an apparatus is configured to receive configuration parameters for a reference signal based on a level of phase noise for the reference signal estimated by a user equipment, apply the configuration parameters to the reference signal to obtain a modified reference signal, and transmit the modified reference signal to the user equipment to enable a position of the user equipment to be determined.
Garin et al. (US 20140308976 A1); Disclosed are systems, apparatus, devices, methods, media, products, and other implementations, including a method that includes determining, at a first wireless device comprising multiple transmit antennas, at least one signal transmission characteristic according to at least one pre-determined varying transmission characteristic determination process. The at least one transmission characteristic includes, for example, a transmit antenna selected from the multiple transmit antennas, a beam characteristic, a cyclic delay diversity parameter, and/or any combination thereof. The method also includes transmitting from the first wireless device to a second wireless device a signal using the at least one signal transmission characteristic determined according to the at least one pre-determined varying transmission characteristic determination process. The transmitted signal is configured to facilitate position determination of the second wireless device upon deriving at the second wireless device a reconstructed value of the at least one signal transmission characteristic determined at the first wireless device.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISABELLA A EDRADA whose telephone number is (571)272-4859. The examiner can normally be reached Mon - Fri 9am-5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISABELLA A EDRADA/Examiner, Art Unit 3648
/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
