DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/12/2024 has been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: means for obtaining, means for determining, and means for reporting in claim 29.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function.
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 1-10 and 16-30 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2023/0345407) in view of (3GPP TSG RAN WG1 #98bis Chongping P.R China, October 14-20, 2019 “UE and GNB measurements for NR Position”; Hereinafter “Ericsson”; Cited in IDS).
Regarding claims 1, 22, 29, Li discloses a method and an apparatus of signaling a path selection mode (paragraphs [0041], [0044]), the method comprising:
obtaining one or more signal measurement values for a reference signal (paragraphs [0031]-[0032]; e.g., a terminal measures a downlink positioning reference signal (PRS) to obtain a positioning measurement value);
determining one or more propagation paths based on the one or more signal measurement values and the path selection mode (paragraphs [0033], [0041]-[0042]; e.g., the line-of-sight information may be indication information for indicating whether the positioning measurement value corresponds to a line-of-sight path).
Li reports positioning measurement value associated with the LOS to the positioning server (paragraphs [0058], [0063], [0064]), but fails to specifically disclose reporting the one or more propagation paths and the path selection mode to a location server.
However, Ericsson discloses reporting the one or more propagation paths and the path selection mode to a location server (Page 8, Section 2.2.2; Proposal 5; e.g., UE reporting more than one paths, the first path and path with highest SNR should be included).
Therefore, taking the teachings of Li in combination of Ericsson as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to reporting the one or more propagation paths and the path selection mode to a location server in order to ensure the accuracy for positioning when obtained measurement values based on the LOS or NLOS.
Regarding claims 2 and 23, Li in combination with Ericsson discloses the method and the apparatus of claims 1 and 22, further comprising receiving a requested path selection mode from the location server (Li: paragraph [0007]; e.g., receiving a positioning measurement report request message sent by a positioning server),
wherein the one or more propagation paths are based on the one or more signal measurement values and the requested path selection mode (Li: paragraphs [0044], [0083], [0087]; see first path and strongest path may be calculated).
Regarding claim 3, Li in combination with Ericsson discloses the method of claim 1, wherein the reference signal is a downlink positioning reference signal (Li: paragraph [0031]).
Regarding claim 4, Li in combination with Ericsson discloses the method of claim 1, wherein the reference signal is an uplink sounding reference signal for positioning (Li: paragraph [0031]).
Regarding claims 5 and 24, Li in combination with Ericsson discloses the method and the apparatus of claims 1 and 22, wherein the reference signal is a sidelink sounding reference signal (Li: paragraph [0031]).
Regarding claims 6 and 25, Li in combination with Ericsson discloses the method and the apparatus of claims 1 and 22, wherein the one or more propagation paths includes a plurality of time of arrival values (Li: paragraph [0040]; e.g., using a time of arrival (TOA)).
Regarding claim 7, Li in combination with Ericsson discloses the method of claim 6, wherein the one or more propagation paths are a plurality of propagation paths with an earliest times of arrival (Li: paragraphs [0040], [0083], [0086]).
Regarding claims 8 and 26, Li in combination with Ericsson discloses the method and the apparatus of claims 6 and 25, wherein the one or more propagation paths are a plurality of propagation paths with times of arrival closest to a time of arrival estimate for the reference signal (Li: paragraphs [0040], [0083], [0086]).
Regarding claim 9, Li in combination with Ericsson discloses the method of claim 6, wherein the one or more propagation paths includes the plurality of time of arrival values and corresponding reference signal received power values (Li: paragraph [0044]).
Regarding claim 10, Li in combination with Ericsson discloses the method of claim 9, wherein the one or more propagation paths are a plurality of propagation paths with a highest reference signal received power values (paragraph [0044]; see strongest).
Regarding claim 16, Li in combination with Ericsson discloses the method of claim 1, wherein the path selection mode is based on a power delay profile obtained via a machine learning model (Ericsson: page 18, proposal 12; e.g., dynamic range of peaks in the power delay).
Regarding claims 17 and 28, Li in combination with Ericsson discloses the method and the apparatus of claims 1 and 22, wherein the one or more propagation paths includes a plurality of angle of departure values (Li: paragraphs [0032], [0040]).
Regarding claim 18, Li in combination with Ericsson discloses the method of claim 17, wherein the one or more propagation paths are a plurality of propagation paths with departure angles that are closest to an estimated angle of departure for the reference signal (Li: paragraphs [0032], [0040]).
Regarding claim 19, Li in combination with Ericsson discloses the method of claim 17, wherein the one or more propagation paths includes the plurality of angle of departure values and corresponding reference signal received power values (Li: paragraphs [0032], [0040]).
Regarding claim 20, Li in combination with Ericsson discloses the method of claim 19, wherein the one or more propagation paths are a plurality of propagation paths with a highest reference signal received power values (Li: paragraphs [0060], [0088]).
Regarding claim 21, Li in combination with Ericsson discloses the method of claim 19, wherein the one or more propagation paths are a plurality of propagation paths based on clusters of departure angles with relatively higher reference signal received power values (Li: paragraphs [0060], [0088]).
Claim 30 is drawn to a non-transitory processor-readable storage medium comprising processor-readable comprising code means for generating steps of claim 1. Therefore, the same rationale applied to claim 1 applies. In addition, Li in combination with Ericsson inherently discloses a computer program product, i.e., given that Li/Ericsson discloses a process (paragraph [0071]), the process would be implemented by a processor that requires a computer program product, e.g., a RAM, to function.
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Li in combination with Ericsson, in view of Irvine et al. (US 2017/0108579).
Regarding claims 11 and 27, Li in combination with Ericsson discloses the method and the apparatus of claims 1 and 22, fails to specifically disclose wherein the one or more propagation paths includes a plurality of angle of arrival values.
However, Irvine discloses the one or more propagation paths includes a plurality of angle of arrival values (paragraphs [0006], [0009], [0023]).
Therefore, taking the teachings of Li in combination of Ericsson and Irvine as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have propagation paths includes a plurality of angle of arrival values in order to estimating position of a UE based on observed angles of arrival (Irvine: Abstract).
Regarding claim 12, Li in combination with Ericsson and Irvine discloses the method of claim 11, wherein the one or more propagation paths are a plurality of propagation paths with arrival angles that are closest to an estimated angle of arrival for the reference signal (Irvine: paragraphs [0023], [0041]).
Regarding claim 13, Li in combination with Ericsson and Irvine discloses the method of claim 11, wherein the one or more propagation paths includes the plurality of angle of arrival values and corresponding reference signal received power values (Irvine: paragraphs [0023], [0044]).
Regarding claim 14, Li in combination with Ericsson and Irvine discloses the method of claim 13, wherein the one or more propagation paths are a plurality of propagation paths with a highest reference signal received power values (Irvine: paragraphs [0025], [0044]-[0045]).
Regarding claim 15, Li in combination with Ericsson and Irvine discloses the method of claim 13, wherein the one or more propagation paths are a plurality of propagation paths based on clusters of arrival angles with relatively higher reference signal received power values (Irvine: paragraphs [0025], [0044]-[0045]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (US 2023/0046671) discloses measurement values and performing NLOS identification.
Priyanto et al. (US 2023/0280438) discloses facilitate position of UE based on an AOD estimation and selection paths.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY X PHAM whose telephone number is (571)270-7115. The examiner can normally be reached Mon-Fri: 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY X PHAM/Primary Examiner, Art Unit 3648
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