DETAILED ACTION
1. Claims 1-52 have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 6/11/2024 has been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
5. The drawings were received on 6/11/2024. These drawings are accepted.
Specification
6. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. 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.
10. 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.
11. Claims 1-12, 14-25, and 27-52 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication 2023/0262646 A1 to Li et al. (hereinafter “Li”) in view of United States Patent Application Publication 2023/0074373 A1 to Jatunov et al. (hereinafter “Jatunov”).
Regarding Claim 1, Li discloses a method for wireless communication at a user equipment (UE), comprising:
receiving, at the UE from a network entity, a phase measurement request from a network entity (Li: [0037-0043] – terminal receives a positioning measurement request from a location management function (LMF).), the phase measurement request including properties of one or more pairs of subcarrier sets of at least one reference signal received by the UE, wherein a subcarrier set includes at least one subcarrier (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal.); and
transmitting a phase measurement report to the network entity (Li: [0041-0043] – corresponds to reporting one or more positioning measurement values to the LMF based on the positioning measurement report request message.), the phase measurement report including information associated with a phase measurement performed using at least one subcarrier set pair of the at least one reference signal based on the properties included in the phase measurement request (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal, or reporting one or more subcarriers related to a positioning reference signal. At least a phase difference (a measurement result) between a first subcarrier of a plurality of subcarriers and one or more remaining subcarriers of the plurality of subcarriers equates to at least a “pair”. See also [0035].).
Although Li suggests a “pairing” of resources (subcarriers) for position/phase measurement, Li does not expressly disclose a resource “pair”, per se.
However, this feature for positioning measurement in New Radio (NR) is not new or novel in the presence of Jatunov. Jatunov is similarly concerned with determining a positioning reference signal (PRS) and associated parameters and determining a measurement result for positioning of devices in a wireless communication system (Jatunov: [0003]). Jatunov discloses receiving a request for measurement of a PRS that includes parameters related to a frequency pair or pairs to determine a phase difference (of arrival; Jatunov: [0004-0005], [0083-0084], [0128], and Figure 5 with [0145-0161]). Examiner notes the following for Applicant’s convenience: since a subcarrier set/pair is a set/pair of carrier frequency waves, the disclosure of Jatunov meets the requirement of the claim language; although the terminal/UE/WTRU of Jatunov is requesting the PRS per its own capabilities, the PRS and frequency ranges are still supplied by the network side device, and thus meets the requirement of the claim language.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 2, the combination of Li and Jatunov discloses the method of claim 1, wherein the properties included in the phase measurement request comprise number of subcarrier set pairs of the at least one reference signal to use for performing phase measurements (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal, or reporting one or more subcarriers related to a positioning reference signal. At least a phase difference (a measurement result) between a first subcarrier of a plurality of subcarriers and one or more remaining subcarriers of the plurality of subcarriers equates to at least a “pair”. The first subcarrier and N number of subcarriers may be predefined by the system as configuration information. See also [0035]. Jatunov: [0104] – two pairs may be transmitted at a time, suggesting a known quality of frequency pairs.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 3, the combination of Li and Jatunov discloses the method of claim 1, wherein the properties included in the phase measurement request comprise an indication of a specific set of subcarrier set pairs of the at least one reference signal to use for performing phase measurements (As indicated previously with respect to Li in [0055-0068] and [0123-0124] and particular to [0121-0125] describing the terminal reporting phase difference for two particular subcarriers having been received from the LMF (a configuration). Jatunov: [0104] – two pairs may be transmitted at a time, suggesting a known quality of frequency pairs.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 4, the combination Li and Jatunov discloses the method of claim 3, wherein the properties included in the phase measurement request comprise a respective size of each specific set of subcarrier set pairs of the at least one reference signal (Li: [0068-0069], [0125] – corresponds to the range of values of the subcarriers in the configuration. Jatunov: [0003-0004], [0139-0140], [0146] – corresponds to the number of carrier wave pairs that are identified.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 5, the combination of Li and Jatunov discloses the method of claim 4, wherein Jatunov further discloses the respective size of each specific set of subcarrier set pairs is based on at least one of subcarrier spacing between each specific set of subcarrier set pairs (Jatunov: [0143-0144] – measurements for PRS consider frequency spacing), bandwidth of each specific set of subcarrier set pairs (Jatunov: [0139], [0143], [0146] - the frequency pairs are arranged according to bandwidth), frequency of each specific set of subcarrier set pairs (Jatunov: [0139], [0143], [0146] - the frequency pairs are determined based on frequency), or frequency band specific set of subcarrier set pairs (Jatunov: [0064-0065] – known/available frequency bands must be considered according to protocol standards.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 6, the combination of Li and Jatunov discloses the method of claim 1, wherein the phase measurement request identifies a range of subcarriers that can be used as subcarrier set pairs for performing phase measurements (Li: [0055-0068], [0123-0125] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal, or reporting one or more subcarriers related to a positioning reference signal. At least a phase difference (a measurement result) between a first subcarrier of a plurality of subcarriers within a range and one or more remaining subcarriers of the plurality of subcarriers equates to at least a “pair”. See also [0104-0105]; Jatunov: [0003-0004], [0083-0084], [0104] – also describing a range of frequency pairs, particular to a frequency range of the frequency pair(s) to determine position/distance.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 7, the combination of Li and Jatunov discloses the method of claim 1, wherein Jatunov further discloses the phase measurement request includes a priority order of a plurality of subcarrier set pairs of the at least one reference signal for performing phase measurements (Jatunov: [0138-0140] – corresponds to (in part) a sequential order of the frequency pairs as per measurement of PRS configuration.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 8, the combination of Li and Jatunov discloses the method of claim of claim 1, wherein Jatunov further discloses further comprising:
selecting a set of subcarrier set pairs of the at least one reference signal based on the properties included in the phase measurement request (Jatunov: [0163-0165] – corresponds to selecting “essential” pairs according to the PRS parameter(s) of the pair range.); and
measuring a phase difference between each subcarrier in the set of subcarrier set pairs (Jatunov: Figure 5 with [0163-0165], [0145-0161] – corresponds to determining, measuring, and reporting the PRS measurements per frequency pair.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 9, the combination of Li and Jatunov discloses the method of claim 1, wherein the phase measurement report includes frequency information of the at least one subcarrier set pair (Li: [0156] – phase measurement includes information related to frequency, including OFDM index. Jatunov: [0003-0004] – corresponds to reporting the frequency range estimate for one or more frequency pairs.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 10, the combination of Li and Jatunov discloses the method of claim 1, wherein the phase measurement report includes information associated with a phase difference between the at least one subcarrier set pair of the at least one reference signal (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal, or reporting one or more subcarriers related to a positioning reference signal. At least a phase difference (a measurement result) between a first subcarrier of a plurality of subcarriers and one or more remaining subcarriers of the plurality of subcarriers equates to at least a “pair”. See also [0035]. Jatunov: [0003-0004] – corresponds to reporting phase difference of frequency pair(s).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 11, the combination of Li and Jatunov discloses the method of claim 1, wherein Jatunov further discloses the phase measurement report includes information associated with a wavelength cycle difference between a first number of wavelength cycles of a first subcarrier of the at least one subcarrier set pair and a second number of wavelength cycles of a second subcarrier of the at least one subcarrier set pair (Interpreted to correspond a cycle of iterations for measurement of frequency pairs, wherein each pair includes a first and second frequency (subcarrier) in order to provide a phase difference until all frequencies have been cycled through, disclosed by Jatunov in at least [0227].).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 12, the combination of Li and Jatunov discloses the method of claim 1, wherein the phase measurement report includes information associated with a phase difference between the at least one subcarrier set pair of the at least one reference signal (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal, or reporting one or more subcarriers related to a positioning reference signal. At least a phase difference (a measurement result) between a first subcarrier of a plurality of subcarriers and one or more remaining subcarriers of the plurality of subcarriers equates to at least a “pair”. See also [0035]. Jatunov: [0003-0004] – corresponds to reporting phase difference of frequency pair(s).) and information associated with a wavelength cycle difference between a first number of wavelength cycles of a first subcarrier of the at least one subcarrier set pair and a second number of wavelength cycles of a second subcarrier of the at least one subcarrier set pair (Interpreted to correspond a cycle of iterations for measurement of frequency pairs, wherein each pair includes a first and second frequency (subcarrier) in order to provide a phase difference until all frequencies have been cycled through, disclosed by Jatunov in at least [0227].).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Claims 27-38, directed to an apparatus embodiment of claims 1-12, recite similar features as claims 1-12, respectively, and are therefore rejected upon the same grounds as claims 1-12. Please see above rejections of claims 1-12. Li further discloses the apparatus as a user equipment (UE) comprising at least one or more processors and a memory in at least Figure 7 with [0028], [0229].
Regarding Claim 39, the combination of Li and Jatunov discloses the apparatus of claim 27, wherein the phase measurement request identifies a measurement type associated the at least one subcarrier set pair and the phase measurement request identifies a measurement type associated the at least one subcarrier set pair (Li: [0050-0051] – corresponds to an angle or position; Jatunov: [0134] – other parameters for measurement of positioning may be included.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Regarding Claim 14, Li discloses a method for wireless communication at a network entity, comprising:
transmitting, to a user equipment (UE), a phase measurement request (Li: [0037-0043] – terminal receives a positioning measurement request from a location management function (LMF).) including properties of one or more pairs of subcarrier sets of at least one reference signal received by the UE (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal.); and
receiving, from the UE, a phase measurement report (Li: [0041-0043] – corresponds to reporting one or more positioning measurement values to the LMF based on the positioning measurement report request message.), the phase measurement report including information associated with a phase measurement performed using at least one subcarrier set pair of the at least one reference signal based on the properties included in the phase measurement request (Li: [0055-0068], [0123-0124] – interpreted to correspond to the measurement request including properties (parameters to identify one or more subcarrier sets (N=2 subcarriers, as an example) of a positioning reference signal, or reporting one or more subcarriers related to a positioning reference signal. At least a phase difference (a measurement result) between a first subcarrier of a plurality of subcarriers and one or more remaining subcarriers of the plurality of subcarriers equates to at least a “pair”. See also [0035].).
Although Li suggests a “pairing” of resources (subcarriers) for position/phase measurement, Li does not expressly disclose a resource “pair”, per se.
However, this feature for positioning measurement in New Radio (NR) is not new or novel in the presence of Jatunov. Jatunov is similarly concerned with determining a positioning reference signal (PRS) and associated parameters and determining a measurement result for positioning of devices in a wireless communication system (Jatunov: [0003]). Jatunov discloses receiving a request for measurement of a PRS that includes parameters related to a frequency pair or pairs to determine a phase difference (of arrival; Jatunov: [0004-0005], [0083-0084], [0128], and Figure 5 with [0145-0161]). Examiner notes the following for Applicant’s convenience: since a subcarrier set/pair is a set/pair of carrier frequency waves, the disclosure of Jatunov meets the requirement of the claim language; although the terminal/UE/WTRU of Jatunov is requesting the PRS per its own capabilities, the PRS and frequency ranges are still supplied by the network side device, and thus meets the requirement of the claim language.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li in view of the configuration information of Jatunov to include sets/pairs of resources/frequencies for the reasons of improving the accuracy of determining distance between devices (Jatunov: [0083-0084]).
Claims 15-25, dependent upon claim 14, recite similar features as claims 2-12, respectively, and are therefore rejected upon the same grounds as claims 2-12. Please see above rejections of claims 2-12.
Claims 40-52, directed to an apparatus embodiment of claims 14-25, recite similar features as claims 14-25 and claim 39, respectively, and are therefore rejected upon the same grounds as claims 14-25 and 39. Please see above rejections of claims 14-25 and 39. Li further discloses the apparatus as a location management function (LMF) comprising one or more processors and a memory in at least Figure 8 with [0029], [0273]).
12. Claims 13 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Li and Jatunov, in further view of United States Patent Application Publication 2023/0247451 A1 to Ren et al. (hereinafter “Ren”).
Regarding Claim 13, the combination of Li and Jatunov discloses the method of claim 1, wherein Li further discloses the phase measurement request identifies a measurement type associated the at least one subcarrier set pair (Li: [0050-0051] – corresponds to an angle or position), but the combination does not expressly disclose that the measurement type comprises at least one of a median, a mean, or a standard deviation.
However, this type or measurement cannot be considered new or novel in the presence of Ren. Ren is similarly concerned with determining positioning information in a radio communication system (Ren: [0013]). Ren discloses a measurement type includes at least a standard deviation (Ren: [0021-0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify configuration information of Li and Jatunov in view of the configuration information of Ren to include measurement types of positioning signals for the reasons of increasing positioning accuracy and reliability in carrier phase positioning (Ren: [0013]).
Claim 26, dependent upon claim 14, recites similar features as claim 13 and is therefore rejected upon the same grounds as claim 13. Please see above rejection of claim 13.
Conclusion
13. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 June 5, 2026
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