CTNF 18/727,251 CTNF 83292 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-27 AIA 2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. (CN 202210015838.2) , filed on 01/07/2022 . Information Disclosure Statement 3. The information disclosure statement (IDS) submitted on 07/08/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 4. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 5. Claims 1-4 and 9-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Regarding claim 1: Step 1: Claim 1 recites series of acts for identifying and performing. Thus, the claim is directed to a process, which is one of the statutory categories of the invention. Step 2A, Prong 1: The claimed limitation “identifying a time duration for an available positioning reference signal (PRS) resource” Mental Processes (observation, evaluation, judgment, and/or opinion). The claimed limitation “wherein the available PRS resource is unmuted and does not overlap with at least one of other signals or channels of higher priority” Mental Processes (field of use). Step 2A, Prong 2, the additional elements individually or as a whole do not integrate the judicial exception into a practical application. The additional elements, “performing a PRS measurement for the available PRS resource” (apply it) (MPEP 2106.05 (f)) . Step 2B : the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole. Under Step 2B, additional elements that do not do more than recite the words "apply it" (or an equivalent) may not serve to integrate a judicial exception into a practical application in step 2A, Prong 2, should be re-evaluated in Step 2B to determine whether the additional element(s)/limitation(s) are well-understood, routine, conventional activities. Specifically, the limitations, “performing a PRS measurement for the available PRS resource” is just mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(f) . Also, the additional element(s)/limitation(s) in the claim “user equipment” is merely a device that the judicial exception being applied to. Treating claim 1 as a whole, the additional limitations do not show inventive concept in applying the judicial exception (e.g. improvements to the user equipment) or do not provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment (MPEP 2106.05(b)(I) When considered as a whole, these additional elements represent mere instructions to apply a judicial exception and insignificant extra-solution activities, which do not provide an inventive concept. Therefore, claim 1 as a whole, is not significantly more than the abstract idea itself and is ineligible. Regarding claims 2-4: Claims 2-4, respectively, depend on claim 1 and are without significantly more than the judicial exception itself as explained in claim 1. Thus, claims 2-4 are rejected for the same reason as in claim 1. Regarding claim 9: Step 1: Claim 9 recites a user equipment. Thus, the claim is directed to a machine, which is one of the statutory categories of the invention. Step 2A, Prong 1: The claimed limitation “identify a time duration for an available positioning reference signal (PRS) resource” Mental Processes (observation, evaluation, judgment, and/or opinion). The claimed limitation “wherein the available PRS resource is unmuted and does not overlap with at least one of other signals or channels of higher priority” Mental Processes (field of use). Step 2A, Prong 2, the additional elements individually or as a whole do not integrate the judicial exception into a practical application. The additional elements, “perform a PRS measurement for the available PRS resource” (apply it) (MPEP 2106.05 (f)) . Step 2B : the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole. Under Step 2B, additional elements that do not do more than recite the words "apply it" (or an equivalent) may not serve to integrate a judicial exception into a practical application in step 2A, Prong 2, should be re-evaluated in Step 2B to determine whether the additional element(s)/limitation(s) are well-understood, routine, conventional activities. Specifically, the limitations, “perform a PRS measurement for the available PRS resource” is just mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(f) . Also, the additional element(s)/limitation(s) in the claim “user equipment, transceiver and a processor” are merely devices that the judicial exception being applied to. Treating claim 9 as a whole, the additional limitations do not show inventive concept in applying the judicial exception (e.g. improvements to the user equipment, transceiver and a processor) or do not provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment (MPEP 2106.05(b)(I) When considered as a whole, these additional elements represent mere instructions to apply a judicial exception and insignificant extra-solution activities, which do not provide an inventive concept. Therefore, claim 1 as a whole, is not significantly more than the abstract idea itself and is ineligible. Regarding claims 10-12: Claims 10-12, respectively, depend on claim 9 and are without significantly more than the judicial exception itself as explained in claim 9. Thus, claims 10-12 are rejected for the same reason as in claim 9. 07-06 AIA 15-10-15 6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicants are reminded that MPEP 2141.02 states: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention . W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 7. 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 – 07-12-aia AIA (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. 07-15-03-aia AIA 8. Claim s 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHA et al. (US 20220271888) (hereinafter Cha) . Regarding claims 1 and 9: As shown in figures 1-33, Cha discloses a user equipment (UE) in a wireless communication system (see UE in wireless communication system in figures 6, 8-9, 12-15, 20, 24, 29-33) , the UE comprising: a transceiver (106 in figure 29) ; and at least one processor (102 in figure 29) coupled with the transceiver (106 in figure 29) and configured to: identify a time duration for an available positioning reference signal (PRS) resource (in par 0377 Cha teaches “the UE may identify from the 1 st bitmap that when the PRS resource is periodically transmitted”. Also, see figure 18) ; and perform a PRS measurement for the available PRS resource (par 0207, 0235-0250, 0425, 0443, 0448) , wherein the available PRS resource is unmuted (see the non-zero power PRS resource in figure 18. non-zero power PRS resource as shown in figure 18 interpreted to be unmuted. See figure 18, par 0355-0377) and does not overlap with at least one of other signals (figure 18 shows non-zero power PRS resource does not overlap with other signal (zero power PRS resource signals) or channels of higher priority. Regarding claims 5 and 13: As shown in figures 1-33, Cha discloses a base station (see base station in wireless communication system in figures 6, 8-9, 12-15, 20, 24, 29-33) in a wireless communication system, the base station comprising: a transceiver (206 in figure 29) ; and at least one processor (202 in figure 29) coupled with the transceiver (206 in figure 29) and configured to: transmit, to a user equipment (UE) (par 0207) , a positioning reference signal (PRS) on available PRS resource for a PRS measurement (par 0289, 0292, 0337-0346, 0354, 0360-0379) , wherein the available PRS resource is unmuted (see the non-zero power PRS resource in figure 18. non-zero power PRS resource as shown in figure 18 interpreted to be unmuted. See figure 18, par 0355-0377) and does not overlap with at least one of other signals (figure 18 shows non-zero power PRS resource does not overlap with other signal (zero power PRS resource signals) or channels of higher priority. Regarding claims 2, 6, 10 and 14: Cha further discloses wherein the available PRS resource is at least partially overlapped with a PRS processing window (PPW) without measurement gaps (par 0007, 0052) . Regarding claims 3, 7, 11 and 15: Cha further discloses wherein the time duration is identified in a radio resource control (RRC) connected state (par 0022, 0242, 0419) or an RRC inactive state. Regarding claims 4, 8, 12 and 16: Cha further discloses wherein the available PRS resource is for at least one of PRS-reference signal received power (PRS-RSRP) or UB Rx - Tx time difference (par 0215, 0232-0239) . Conclusion 07-96 AIA 9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. YERRAMALLI et al (US 20240172169) disclose a method for requesting on-demand positioning reference signals (PRS) with a user equipment (UE). The method includes requesting positioning reference signals includes receiving positioning assistance data including a plurality of positioning reference signal configurations, determining potential signal collisions based at least in part on transmit time and duration information in the plurality of positioning reference signal configurations, generating a positioning reference signal configuration request based at least in part on the potential signal collisions, and transmitting the positioning reference signal configuration request. Rao et al. (US 20230283424) disclose a method for handling positioning reference signals in a wireless communication system. The positioning reference signals may be assigned priorities that may be used to facilitate various operations of a wireless transmit/receive unit (WTRU) such as positioning related services, collision avoidance, measurement and reporting, etc. The WTRU may be configured with multiple muting patterns associated with the positioning reference signals and may switch between different muting patterns based on the priorities of the positioning reference signals and/or other downlink (DL) or uplink (UL) transmissions that may overlap or collide with the positioning reference signals. 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KABIR A TIMORY/Primary Examiner, Art Unit 2631 Application/Control Number: 18/727,251 Page 2 Art Unit: 2631 Application/Control Number: 18/727,251 Page 3 Art Unit: 2631 Application/Control Number: 18/727,251 Page 4 Art Unit: 2631 Application/Control Number: 18/727,251 Page 5 Art Unit: 2631 Application/Control Number: 18/727,251 Page 6 Art Unit: 2631 Application/Control Number: 18/727,251 Page 7 Art Unit: 2631 Application/Control Number: 18/727,251 Page 8 Art Unit: 2631 Application/Control Number: 18/727,251 Page 9 Art Unit: 2631 Application/Control Number: 18/727,251 Page 10 Art Unit: 2631 Application/Control Number: 18/727,251 Page 11 Art Unit: 2631
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