DETAILED ACTION
Response to Amendment
The amendment filed August 12, 2026 has been entered.
Claims 1, 7, 13, and 20 are amended.
Claims 1-26 are pending this application.
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, 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.
Claims 1-5, 7-11, 13-17, 19-24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (WO 2021/142604 A1) in view of Kazmi et al (US 2014/0094188 A1) and Roy et al (US 2022/0225132 A1).
Regarding Claim 1, Ma teaches a method performed by a user equipment (UE) for supporting positioning of the UE in a non-terrestrial network, the method comprising [0005, 0043 for one or more satellites of a NTN (non-terrestrial network) and 0091 for using UE with PRS for neighboring cells]:
receiving configurations for downlink (DL) positioning reference signals (PRS) associated with a plurality of space vehicles (SVs) in the non-terrestrial network [0043 and 0093 for determining positions using a 3D coordinate system],
receiving the DL PRS from the plurality of SVs using the discontinuous measurement gap set [0086 for using Figure 5 for supporting wireless nodes, and 0113 for extended PRS periodicity];
performing positioning measurements using the DL PRS from the plurality of SVs [0005 for measuring the ToA of the PRS sequence also 0083];
and transmitting location information based on the positioning measurements to a location server [0094 for using LMF for location (positioning) and time differences].
Ma fails to explicitly teach wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs, wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SV comprises a plurality of separate measurement gaps.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches performing positioning measurements using the DL PRS from the plurality of SVs [0032-0033 for using measurement gaps for inter-frequency and inter-RAT measurements];
and transmitting location information based on the positioning measurements to a location server [0034 for activating primary and secondary cells and 0086-0088 for transmits its positioning reference signal on a serving frequency fs, while each of the neighboring cells].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to estimate the device's position with respect to the different cells (Kazmi, 0085).
Ma fails to explicitly teach and wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE.
Roy has a method includes receiving a measurement configuration from a serving cell of a user equipment in a non-terrestrial network providing mobile communication service based on satellites (abstract) and teaches wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE [0034 for SSB bursts can be apart from each other when reaching the UE due to the delay difference between the first and second propagation delays (gap)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the delay calculations as taught by Roy for the purpose to time align burst signals (Roy, 0034).
Regarding Claim 7, Ma teaches user equipment (UE) configured for supporting positioning of the UE in a non-terrestrial network, comprising [0091 for using UE with PRS for neighboring cells and 0119 for using a WWAN transceiver]:
at least one wireless transceiver configured to wirelessly communicate with entities in the non-terrestrial network [0119 for using a transceiver];
at least one memory [0119 for memory];
and at least one processor coupled to the at least one wireless transceiver and the at least one memory and configured to [0119-0120 for preforming operations (processing means)]:
receive, via the at least one wireless transceiver, configurations for downlink (DL) positioning reference signals (PRS) associated with a plurality of space vehicles SVs in the non-terrestrial network [0093 for estimating UE positions with a plurality of satellites],
receive, via the at least one wireless transceiver, the DL PRS from the plurality of SVs using the discontinuous measurement gap set [0086 for using Figure 5 for supporting wireless nodes, and 0113 for extended PRS periodicity];
perform positioning measurements using the DL PRS from the plurality of SVs [0005 for measuring the ToA of the PRS sequence also 0083];
and transmit, location information based on the positioning measurements to a location server [0094 for using LMF for location (positioning) and time differences].
Ma fails to explicitly teach wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs, wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SV comprises a plurality of separate measurement gaps.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs [0032-0033 for using measurement gaps for inter-frequency and inter-RAT measurements];
wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SV comprises a plurality of separate measurement gaps [0034 for activating primary and secondary cells and 0086-0088 for transmits its positioning reference signal on a serving frequency fs, while each of the neighboring cells].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to estimate the device's position with respect to the different cells (Kazmi, 0085).
Ma fails to explicitly teach and wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE.
Roy has a method includes receiving a measurement configuration from a serving cell of a user equipment in a non-terrestrial network providing mobile communication service based on satellites (abstract) and teaches wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE [0034 for SSB bursts can be apart from each other when reaching the UE due to the delay difference between the first and second propagation delays (gap)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the delay calculations as taught by Roy for the purpose to time align burst signals (Roy, 0034).
Regarding Claim 13, Ma teaches a method performed by a network entity for supporting positioning of a user equipment (UE) in a non-terrestrial network, the method comprising [0005, 0043 for one or more satellites of a NTN (non-terrestrial network) and 0091 for using UE with PRS for neighboring cells]:
and providing to the UE configurations for downlink (DL) positioning reference signals (PRS) associated with a plurality of space vehicles (SVs) in the non-terrestrial network [0056 for network entity with 0103 for using NTN for propagation delays between UE and satellite],
Ma fails to explicitly teach receiving a request for measurement gaps for positioning measurements in the non-terrestrial network, wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs, wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs comprises a plurality of separate measurement gaps for each positioning occasion.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches receiving a request for measurement gaps for positioning measurements in the non-terrestrial network [0053-0054 for an indication that the user equipment is going to perform an inter-frequency measurement for positioning and that the inter-frequency measurement requires measurement gaps],
wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs [0032-0033 for using measurement gaps for inter-frequency and inter-RAT measurements];
wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs comprises a plurality of separate measurement gaps for each positioning occasion [0034 for activating primary and secondary cells and 0086-0088 for transmits its positioning reference signal on a serving frequency fs, while each of the neighboring cells].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to estimate the device's position with respect to the different cells (Kazmi, 0085).
Ma fails to explicitly teach and wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE.
Roy has a method includes receiving a measurement configuration from a serving cell of a user equipment in a non-terrestrial network providing mobile communication service based on satellites (abstract) and teaches wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE [0034 for SSB bursts can be apart from each other when reaching the UE due to the delay difference between the first and second propagation delays (gap)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the delay calculations as taught by Roy for the purpose to time align burst signals (Roy, 0034).
Regarding Claim 20, Ma teaches network entity configured for supporting positioning of a user equipment (UE) in a non-terrestrial network, comprising [0091 for using UE with PRS for neighboring cells and 0119 for using a WWAN transceiver]:
an external interface configured to wirelessly communicate with entities in the non-terrestrial network [0119 for using a transceiver];
at least one memory [0119];
and at least one processor coupled to the external interface and the at least one memory and configured to [0119-0120 for performing operations (processing means)]:
receive, via the external interface, [0043 and 0093 for determining positions using a 3D coordinate system];
and provide, via the external interface, to the UE configurations for downlink (DL) positioning reference signals (PRS) associated with a plurality of space vehicles (SVs) in the non-terrestrial network [0007, 0107 for a second measurement gap configuration with a third neighbor cell].
Ma fails to explicitly teach a request for measurement gaps for positioning measurements in the non-terrestrial network, wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs, wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs comprises a plurality of separate measurement gaps for each positioning occasion.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches receiving a request for measurement gaps for positioning measurements in the non-terrestrial network [0053-0054 for an indication that the user equipment is going to perform an inter-frequency measurement for positioning and that the inter-frequency measurement requires measurement gaps],
wherein the configurations comprise a discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs [0032-0033 for using measurement gaps for inter-frequency and inter-RAT measurements];
wherein the discontinuous measurement gap set for each positioning occasion for processing the DL PRS from the plurality of SVs comprises a plurality of separate measurement gaps for each positioning occasion [0034 for activating primary and secondary cells and 0086-0088 for transmits its positioning reference signal on a serving frequency fs, while each of the neighboring cells].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to estimate the device's position with respect to the different cells (Kazmi, 0085).
Ma fails to explicitly teach and wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE.
Roy has a method includes receiving a measurement configuration from a serving cell of a user equipment in a non-terrestrial network providing mobile communication service based on satellites (abstract) and teaches wherein at least one separation between the plurality of separate measurement gaps in the discontinuous measurement gap set is based on expected propagation delays of the DL PRS from the plurality of SVs to the UE [0034 for SSB bursts can be apart from each other when reaching the UE due to the delay difference between the first and second propagation delays (gap)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the delay calculations as taught by Roy for the purpose to time align burst signals (Roy, 0034).
Regarding Claim 2, 8, 14, and 21, Ma fails to explicitly teach each positioning occasion is repeated with a first periodicity and wherein the discontinuous measurement gap set is repeated with the first periodicity.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches each positioning occasion is repeated with a first periodicity and wherein the discontinuous measurement gap set is repeated with the first periodicity [0226 for positioning occasion being 1, 2, 4 or 6 subframes].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to improve hearability (Kazmi, 0225).
Regarding Claim 3, 9, 15, and 22, Ma fails to explicitly teach at least two measurement gaps in the plurality of separate measurement gaps have different gap lengths.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches at least two measurement gaps in the plurality of separate measurement gaps have different gap lengths [0121 for neighboring cells transmitting at different time periods].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to allow neighboring cells to transmit positioning reference signals (Kazmi, 0121).
Regarding Claim 4, 10, 16, and 23, Ma fails to explicitly teach the discontinuous measurement gap set is configured with a positioning occasion periodicity, a measurement gap length for each separate measurement gap, and a gap separation between the separate measurement gaps.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches the discontinuous measurement gap set is configured with a positioning occasion periodicity, a measurement gap length for each separate measurement gap, and a gap separation between the separate measurement gaps [0129 for may be provided to or acquired by the eNodeB so that the eNodeB can overlap a configured measurement gap with PRS positioning].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to allow enhanced measurement gaps (Kazmi, 0129).
Regarding Claim 5, 11, 17, and 24, Ma fails to explicitly teach each separate measurement gap in the plurality of separate measurement gaps is associated with the DL PRS from a different SV.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches each separate measurement gap in the plurality of separate measurement gaps is associated with the DL PRS from a different SV [0086 for serving cell transmits its positioning reference signal on a serving frequency fs, while each of the neighboring cell, with 0093].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to estimate the device's position with respect to the different cells (Kazmi, 0085).
Regarding Claim 19 and 26, Ma fails to explicitly teach the network entity is one of a location server or a gNB.
Kazmi has a base station is configured to serve a wireless device in a serving cell on a serving frequency (abstract) and teaches teach the network entity is one of a location server or a gNB [0129 for may be provided to or acquired by the eNodeB so that the eNodeB can overlap a configured measurement gap with PRS positioning].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the reference signal calculations as taught by Kazmi for the purpose to allow enhanced measurement gaps (Kazmi, 0129).
Claims 6, 12, 18, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (US 2019/0052996 A1) in view of Kazmi et al (US 2014/0094188 A1) and Roy et al (US 2022/0225132 A1), as applied to claims 1, 7, 13, and 20 above, and further in view of Talib et al (US US20210297147 A1).
Regarding Claim 6, 12, 18, and 25, Ma fails to explicitly teach each SV in the plurality of SVs is in a different Earth orbit.
Talib has a method and an architecture for deploying non-terrestrial cellular network base stations (abstract) and teaches each SV in the plurality of SVs is in a different Earth orbit [0038-0039 with 0109 for using LEO, MEO, and GEO orbits].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Ma, further including the orbit calculations as taught by Talib for the purpose to have space borne base stations (Talib, 0038).
Response to Arguments
Applicant’s arguments with respect to claims 1-26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicant’s arguments page 3, third paragraph of applicant’s arguments, the applicant states that Ma fails to teach the amended claims. The examiner thanks the applicant for the amendments. New reference Roy teaches the measurement gap based on propagation delays [Roy, 0034 and Claim 8 for a measurement gap offset based on a position of a third satellite associated with the second neighbor cell, the measurement gap offset being based on a timing of the serving cell].
In applicant’s arguments page 10, first paragraph of applicant’s arguments, the applicant states that Kazmi fails to cure the defects of Ma. The examiner respectfully disagrees, Kazmi teaches measurement gaps may need to be configured according to a certain rule [Kazmi, 0033] and avoid overlap of the gaps with the serving cell PRS, PRS positioning occasions on non-serving cells [Kazmi, 0127] as a known technique for assembling one non-overlapping gap per PRS transmitting source.
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
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 SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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