Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to the Application No. 18/737,689 filed on 6/7/24. Claims 2 – 31 has been examined.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
4. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
5. The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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7. Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of Cao (CA 2,853,124). See the reasons below:
Instant Application
Pat # 11,696,122
A method of supporting location, performed by a user equipment (UE), the method comprising: receiving a first message from a network entity (NE) in a wireless network, the first message requesting periodic or triggered location of the UE; subsequent to receiving the first message, entering a state in which the UE does not have a signaling connection to any base station; and periodically transmitting an uplink positioning signal (UPS) while in the state in which the UE does not have a signaling connection to any base station, wherein: the UPS is indicative of an identity (ID) for the UE, andthe ID for the UE is associated with an ID for a network entity (NE) in the wireless network.
A method of supporting location, performed by a base station in a wireless network, comprising: receiving a first uplink positioning signal (UPS) in a first uplink positioning occasion (UPO) for a cell for the base station, the first UPS transmitted by a user equipment (UE), the first UPS comprising an identity (ID) for the UE and an ID for a network entity (NE) in the wireless network; determining location information for the UE based on the first UPS; and sending a first message to the NE comprising the location information for the UE.
As shown above, the instant application differs from Pat # 11,696,122; specifically, it does not show or mention the non-connection or ideal state. And also does not mention sending the ID to NE.
However, Cao teaches having a periodic transmission in an non-connection or ideal state (setting up the full wireless connection will take longer than the required devices can be in the Idle State, ix., listening to the network activities and shared or dedicated periodic transmission resources. Note, the Dormant State If the device is initially in the Idle State, the reduction may be a few access channel (ACH) piggy-backed on the initial connection setup request).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Cao’s ideal state and positioning with the patent 11,696,122. One would be motivated to combine these teachings because it can provide positioning information of the device even in the ideal or non-connection state.
8. Regarding claim 4, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 9 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 2, further comprising periodically transmitting the UPS in accordance with one or more UPS parameters comprising at least one of a transmission power, bandwidth, carrier frequency, frequency shift, duration, number of consecutive subframes, frequency hopping sequence, code sequence, or encoding type for the UPS, or some combination of these.
The method of claim 1, wherein the first UPS comprises UPS parameters, wherein the UPS parameters comprise at least one of a transmission power, bandwidth, carrier frequency, frequency shift, duration, number of consecutive subframes, frequency hopping sequence, code sequence, or encoding type for UPS data, or some combination of these.
9. Regarding claim 8, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 8 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 4, further comprising receiving at least one UPS parameter via a System Information Block (SIB) broadcast by a first base station.
The method of claim 7, wherein the information for the plurality of UPOs is broadcast in a System Information Block (SIB) in the cell.
10. Regarding claim 10, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 24 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 9, wherein the DL location measurements comprise at least one of an ID for a cell in which the UE is located, a Reference Signal Time Difference (RSTD), a Receive-Transmit (Rx-Tx) time difference, an Angle of Arrival (AOA), a Round Trip signal propagation Time (RTT), an Angle of Departure (AOD), a Received Signal Strength Indication (RSSI), a Reference Signal Received Power (RSRP), a Reference Signal Received Quality (RSRQ), a pseudorange for a Global Navigation Satellite System (GNSS), a code phase for a GNSS, a carrier phase for a GNSS, or a measurement for a wireless local area network (WLAN) access point, or some combination of these.
The method of claim 23, wherein the first DL location measurements comprise at least one of an ID for the cell, a Reference Signal Time Difference (RSTD), a Receive-Transmit (Rx-Tx) time difference, an Angle of Arrival (AOA), a Round Trip signal propagation Time (RTT), an Angle of Departure (AOD), a Received Signal Strength Indication (RSSI), a Reference Signal Received Power (RSRP), a Reference Signal Received Quality (RSRQ), a pseudorange for a Global Navigation Satellite System (GNSS), a code phase for a GNSS, a carrier phase for a GNSS, or a measurement for a wireless local area network (WLAN) access point, or some combination of these.
11. Regarding claim 11, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 25 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 9, further comprising receiving assistance data broadcast by a first base station, wherein the DL location measurements are obtained by the UE based at least in part on the assistance data.
The method of claim 23, further comprising broadcasting assistance data in the cell, wherein the first DL location measurements are obtained by the UE based at least in part on the assistance data.
12. Regarding claim 12, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 29 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 2, wherein the NE comprises a first base station or a location server.
The method of claim 1, wherein the NE comprises a location server.
13. Regarding claim 15, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 7 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 14, further comprising receiving broadcast information for a plurality of UPOs in the cell, the UPO being a UPO from the plurality of UPOs.
The method of claim 1, further comprising broadcasting information for a plurality of UPOs in the cell, the first UPO being a UPO from the plurality of UPOs.
14. Regarding claim 16, Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,696,122 in view of CA 2,853,124. Patent 11,692,122 claim 8 further teaches:
Instant Application
Pat # 11,696,122
The method of claim 15, wherein the information for the plurality of UPOs is received via a System Information Block (SIB) in the cell.
The method of claim 7, wherein the information for the plurality of UPOs is broadcast in a System Information Block (SIB) in the cell.
Regarding claim 17, the UE substantially has same limitations as claim 1, thus the same rejection is applicable.
Regarding claim 19, the UE substantially has same limitations as claim 4, thus the same rejection is applicable.
Regarding claim 22, the UE substantially has same limitations as claim 7, thus the same rejection is applicable.
Regarding claim 23, the UE substantially has same limitations as claim 8, thus the same rejection is applicable.
Regarding claim 24, the UE substantially has same limitations as claim 10, thus the same rejection is applicable.
Regarding claim 25, the UE substantially has same limitations as claim 11, thus the same rejection is applicable.
Regarding claim 26, the UE substantially has same limitations as claim 12, thus the same rejection is applicable.
Regarding claim 29, the UE substantially has same limitations as claim 15, thus the same rejection is applicable.
Regarding claim 30, the UE substantially has same limitations as claim 1, thus the same rejection is applicable.
Regarding claim 31, the non-transitory computer readable medium substantially has same limitations as claim 1, thus the same rejection is applicable.
Allowable Subject Matter
15. Claims 3, 5 – 6, 8, 13 – 14, 18, 20 – 21, 27 – 28 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
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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TANMAY K. SHAH
Primary Examiner
Art Unit 2632
/TANMAY K SHAH/Primary Examiner, Art Unit 2632
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