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 Applicants' communication filed on 6/22/2026. In virtue of this communication, claims 1-16, 23-26 are currently presented in the instant application.
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-16, 23-26 in the reply filed on 6/22/2026 is acknowledged.
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.
Claims 1-6, 8, 12-16, 23, 25, 26 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention as being anticipated by US Patent Application Publication 20200200860 (hereinafter referred to as Hong).
Consider claim 1, Hong teaches a method of wireless communication performed by a user equipment (UE) (see at least ¶ [0164], “…the UE can switch positioning mode from UE-assisted mode to UE-based mode, or vice versa…”), comprising:
initiating a positioning procedure in a first type of UE positioning mode (see at least ¶ [0126], “…procedure may be initiated by either the target or the server. Both target initiated and server initiated procedures are supported…” and see at least ¶ [0167], “…send a request for the LPP related capabilities of the target UE… the UE transfers its LPP-related capabilities to the E-SMLC. The capabilities may refer to both UE-based and UE-assisted mode …”);
switching, during the positioning procedure (see at least ¶ [0168], “…configures a triggering condition for positioning mode switch. The triggering condition for positioning mode switch may be as follows…” and see at least ¶ [0169]-¶ [0169]), from the first type of UE positioning mode to a second type of UE positioning mode based on one or more criteria associated with a quality of a position estimate provided by the first type of UE positioning mode being satisfied (see at least ¶ [0179], “…when the triggering condition for positioning mode switch is satisfied, it is allowed to switch positioning mode. That is, when the UE moves to enhance coverage or measured RSRP is lower than configured threshold, the UE may be allowed to switch its positioning mode from UE-assisted mode to UE-based mode…”); and
continuing the positioning procedure in the second type of UE positioning mode (see at least ¶ [0180], “…the UE notifies the switch of positioning mode. That is, when the positioning mode of the UE is switched from UE-assisted mode to UE-based mode, the UE may notify the switch of positioning mode from UE-assisted mode to UE-based mode. When the positioning mode of the UE is switched from UE-based mode to UE-assisted mode, the UE may notify the switch of positioning mode from UE-based mode to UE-assisted mode…”).
Consider claim 23, Hong teaches a user equipment (UE) (see at least ¶ [0189], “…UE…”), comprising:
a memory (see at least ¶ [0189], “…memory 1320…”);
at least one transceiver (see at least ¶ [0189], “…transceiver 1330…”); and
at least one processor communicatively coupled to the memory and the at least one transceiver (see at least ¶ [0189], “…The memory 1320 is operatively coupled with the processor 1310 and stores a variety of information to operate the processor 1310…”), the at least one processor configured to:
initiate a positioning procedure in a first type of UE positioning mode (see at least ¶ [0126], “…procedure may be initiated by either the target or the server. Both target initiated and server initiated procedures are supported…” and see at least ¶ [0167], “…send a request for the LPP related capabilities of the target UE… the UE transfers its LPP-related capabilities to the E-SMLC. The capabilities may refer to both UE-based and UE-assisted mode …”);
switch, during the positioning procedure (see at least ¶ [0168], “…configures a triggering condition for positioning mode switch. The triggering condition for positioning mode switch may be as follows…” and see at least ¶ [0169]-¶ [0169]), from the first type of UE positioning mode to a second type of UE positioning mode based on one or more criteria associated with a quality of a position estimate provided by the first type of UE positioning mode being satisfied (see at least ¶ [0179], “…when the triggering condition for positioning mode switch is satisfied, it is allowed to switch positioning mode. That is, when the UE moves to enhance coverage or measured RSRP is lower than configured threshold, the UE may be allowed to switch its positioning mode from UE-assisted mode to UE-based mode…”); and
continue the positioning procedure in the second type of UE positioning mode (see at least ¶ [0180], “…the UE notifies the switch of positioning mode. That is, when the positioning mode of the UE is switched from UE-assisted mode to UE-based mode, the UE may notify the switch of positioning mode from UE-assisted mode to UE-based mode. When the positioning mode of the UE is switched from UE-based mode to UE-assisted mode, the UE may notify the switch of positioning mode from UE-based mode to UE-assisted mode…”).
Consider claim 2 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong teaches the first type of UE positioning mode is a UE-based positioning mode, and the second type of UE positioning mode is a UE-assisted positioning mode (see at least ¶ [0182], “…performing a positioning mode switch from a first positioning mode to a second positioning mode by a UE …”).
Consider claim 3 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong teaches the first type of UE positioning mode is a UE-assisted positioning mode, and the second type of UE positioning mode is a UE-based positioning mode (see at least ¶ [0164], “…the UE can switch positioning mode from UE-assisted mode…”).
Consider claim 12 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong teaches completing the positioning procedure in the second type of UE positioning mode (see at least ¶ [0164], “…the UE can switch positioning mode from UE-assisted mode…”).
Consider claim 13 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong teaches switching, during the positioning procedure, from the second type of UE positioning mode to the first type of UE positioning mode based on one or more criteria associated with the second type of UE positioning mode being satisfied; and continuing the positioning procedure in the first type of UE positioning mode (see at least ¶ [0179], “…when the triggering condition for positioning mode switch is satisfied, it is allowed to switch positioning mode. That is, when the UE moves to enhance coverage or measured RSRP is lower than configured threshold, the UE may be allowed to switch its positioning mode from UE-assisted mode to UE-based mode…”).
Consider claims 14, 25 (depends on at least claims 1, 23), Hong discloses the limitations of claims 1, 23 as applied to claim rejection 1, 23 above and further discloses:
Hong teaches receiving the one or more criteria from a location server (see at least ¶ [0110], “…The LMU measures the timing of the received signals using assistance data received from the positioning server, and the resulting measurements are used to estimate the location of the UE…”).
Consider claims 15, 26 (depends on at least claims 1, 23), Hong discloses the limitations of claims 1, 23 as applied to claim rejection 1, 23 above and further discloses:
Hong teaches transmitting a request to a location server to switch from the first type of UE positioning mode to the second type of UE positioning mode (see at least ¶ [0111], “…The UE measures barometric pressure, optionally aided by assistance data, to calculate the vertical component of its location or to send measurements to the positioning server for position calculation…”).
Consider claim 16 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong teaches wherein the positioning procedure comprises: a downlink time difference of arrival (DL-TDOA) positioning procedure, a downlink angle-of-departure (DL-AoD) positioning procedure, an uplink time difference of arrival (UL-TDOA) positioning procedure, an uplink angle-of-arrival (UL-AoA) positioning procedure, an enhanced cell-ID (E-CID) positioning procedure, or a round-trip-time (RTT) positioning procedure (see at least ¶ [0108], “…The downlink positioning method, e.g. observed time difference of arrival (OTDOA), makes use of the measured timing of DL signals received from multiple transmission points (TPs) at the UE…”).
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 of this title, 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:
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.
Claims 4-6, 24 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20200200860 (hereinafter referred to as Hong) in view of US Patent Application Publication CN 103141136 (hereinafter referred to as Kazmi).
Consider claims 4, 24 (depends on at least claims 1, 23), Hong discloses the limitations of claims 1, 23 as applied to claim rejection 1, 23 above and further discloses:
Hong disclose all the subject matters of the claimed invention concept. However, Hong does not particularly disclose wherein the one or more criteria comprise: a horizontal accuracy threshold, a vertical accuracy threshold, a maximum velocity threshold, a maximum response time threshold, an average number of multipaths threshold, a maximum doppler threshold, a minimum number of PRS resources measurements threshold, or any combination thereof. In an analogous field of endeavor, attention is directed to Kazmi, which teaches wherein the one or more criteria comprise: a horizontal accuracy threshold, a vertical accuracy threshold, a maximum velocity threshold, a maximum response time threshold, an average number of multipaths threshold, a maximum doppler threshold, a minimum number of PRS resources measurements threshold, or any combination thereof (see Kazmi, at least ¶ [0063], “…positioning performance can be measured by one or more measurement, such as horizontal accuracy, vertical accuracy, reporting time, and so on. each of these metrics or combinations thereof can with proper positioning performance threshold to determine whether to satisfy the requested positioning performance…”).
Therefore, it would have been obvious a finding that one of ordinary skill in the art before the effective filing date of the claimed invention could have combined the elements as claimed by the know method, and that in combination. Each element merely performs the same function as it does separately; Hong disclosed invention, and have wherein the one or more criteria comprise: a horizontal accuracy threshold, a vertical accuracy threshold, a maximum velocity threshold, a maximum response time threshold, an average number of multipaths threshold, a maximum doppler threshold, a minimum number of PRS resources measurements threshold, or any combination thereof, as taught by Kazmi, thereby, to provide a multi-carrier wireless communication network, the primary carrier handover decision does not consider the influence of the positioning measurement, as discussed by Kazmi, (see at least ¶ [0005]).
Consider claim 5 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong disclose all the subject matters of the claimed invention concept. However, Hong does not particularly disclose wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a horizontal accuracy achieved by the first type of UE positioning mode to the horizontal accuracy threshold. In an analogous field of endeavor, attention is directed to Kazmi, which teaches wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a horizontal accuracy achieved by the first type of UE positioning mode to the horizontal accuracy threshold (see Kazmi, at least ¶ [0063], “…positioning performance can be measured by one or more measurement, such as horizontal accuracy, vertical accuracy, reporting time, and so on. each of these metrics or combinations thereof can with proper positioning performance threshold to determine whether to satisfy the requested positioning performance…”).
Therefore, it would have been obvious a finding that one of ordinary skill in the art before the effective filing date of the claimed invention could have combined the elements as claimed by the know method, and that in combination. Each element merely performs the same function as it does separately; Hong disclosed invention, and have wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a horizontal accuracy achieved by the first type of UE positioning mode to the horizontal accuracy threshold, as taught by Kazmi, thereby, to provide a multi-carrier wireless communication network, the primary carrier handover decision does not consider the influence of the positioning measurement, as discussed by Kazmi, (see at least ¶ [0005]).
Consider claim 6 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong disclose all the subject matters of the claimed invention concept. However, Hong does not particularly disclose wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a vertical accuracy achieved by the first type of UE positioning mode to the vertical accuracy threshold. In an analogous field of endeavor, attention is directed to Kazmi, which teaches wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a vertical accuracy achieved by the first type of UE positioning mode to the vertical accuracy threshold (see Kazmi, at least ¶ [0063], “…positioning performance can be measured by one or more measurement, such as horizontal accuracy, vertical accuracy, reporting time, and so on. each of these metrics or combinations thereof can with proper positioning performance threshold to determine whether to satisfy the requested positioning performance…”).
Therefore, it would have been obvious a finding that one of ordinary skill in the art before the effective filing date of the claimed invention could have combined the elements as claimed by the know method, and that in combination. Each element merely performs the same function as it does separately; Hong disclosed invention, and have wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a vertical accuracy achieved by the first type of UE positioning mode to the vertical accuracy threshold, as taught by Kazmi, thereby, to provide a multi-carrier wireless communication network, the primary carrier handover decision does not consider the influence of the positioning measurement, as discussed by Kazmi, (see at least ¶ [0005]).
Consider claim 8 (depends on at least claim 1), Hong discloses the limitations of claim 1 as applied to claim rejection 1 above and further discloses:
Hong disclose all the subject matters of the claimed invention concept. However, Hong does not particularly disclose wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a response time of the first type of UE positioning mode to the maximum response time threshold. In an analogous field of endeavor, attention is directed to Kazmi, which teaches wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a response time of the first type of UE positioning mode to the maximum response time threshold (see Kazmi, at least ¶ [0063], “…positioning performance can be measured by one or more measurement, such as horizontal accuracy, vertical accuracy, reporting time, and so on. each of these metrics or combinations thereof can with proper positioning performance threshold to determine whether to satisfy the requested positioning performance…”).
Therefore, it would have been obvious a finding that one of ordinary skill in the art before the effective filing date of the claimed invention could have combined the elements as claimed by the know method, and that in combination. Each element merely performs the same function as it does separately; Hong disclosed invention, and have wherein the UE switches from the first type of UE positioning mode to the second type of UE positioning mode based on a comparison of a response time of the first type of UE positioning mode to the maximum response time threshold, as taught by Kazmi, thereby, to provide a multi-carrier wireless communication network, the primary carrier handover decision does not consider the influence of the positioning measurement, as discussed by Kazmi, (see at least ¶ [0005]).
Allowable Subject Matter
Claims 7, 9-11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG A NGO whose telephone number is (571)270-7264. The examiner can normally be reached Monday-Thursday from 5:30AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony S Addy can be reached at (571) 272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUONG A NGO/Primary Examiner, Art Unit 2645
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