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 .
Election/Restrictions
Applicant's election with traverse of species I claim 1-14 in the reply filed on 6/24/2026 is acknowledged. The traversal is on the ground(s) that claim 1 and 15 are similar in scope. This is not found persuasive because even though claim 1 and 15 are similar in scope, dependent claims are directed toward different inventive concepts. For example, claims 2-14 are directed towards method of how the transmit and received steps are performed and claims 16-24 are directed towards evaluating aspects of AIML which are not found in species 1 claim 1-14 and therefore there must be serious burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claim 2, applicant is claiming “the second UL-RS”, however in claim 1, second UL-RS is only used when the first UL-RS is transmitted while the position estimation session of the UE is active which makes the claim indefinite.
As per claim 3, applicant is claiming first set of parameters and second set of parameters but does not define what is first set of parameters and the second set of parameters. Further specification does not define what those parameters are which makes the claim vague and indefinite and difficult for one having ordinary skill in the art to understand the invention.
Dependent claims do not overcome the deficiency of the parent claims as a whole.
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.
Claim(s) 1, 2, 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rao et al. Pub. No. US 20230379860 A1 in view of Shah et al. Pub. No. US 20250300900 A1
Regarding Claim 1, Rao teaches a user equipment (UE) (Fig. 2, 3, 4 Unit 201 and Para 201, WTRU 201 and also see Para 46 and Fig. 1B WTRU 102), comprising:
one or more memories (Para 46 and Fig. 1B Unit 132, removable memory 132);
one or more transceivers(Para 46 and Fig. 1B Unit 129, a transceiver 120); and
one or more processors communicatively coupled to the one or more memories and the one or more transceivers (Para 46 and 47 and Fig. 1B Unit 118, The processor 118 may be coupled to the transceiver 120, which may be coupled to the transmit/receive element 122. While FIG. 1B depicts the processor 118 and the transceiver 120 as separate components, it will be appreciated that the processor 118 and the transceiver 120 may be integrated together in an electronic package or chip), the one or more processors, either alone or in combination, configured to:
receive, via the one or more transceivers (Fig. 2, 3, 4 and Para 203, The WTRU 201 receives RAN paging 422 to activate UL SRS i.e., WTRU receives via a transceiver 120 a first uplink reference signal (UL-RS) configuration (Fig. 2, 3, 4 where Para 203 suggest that The WTRU 201 receives RAN paging 422 to activate UL SRS i.e., a first uplink reference signal (UL-RS) configuration); and
transmit, via the one or more transceivers, at least one first UL-RS in accordance with the first UL-RS configuration (Fig. 2, 3, 4 and Para 203, In Msg 3 428, the WTRU transmits SRS i.e., transmit, via the one or more transceivers, at least one first UL-RS in accordance with the first UL-RS configuration),
wherein the at least one first UL-RS is transmitted while a position estimation session of the UE is inactive, or
wherein the at least one first UL-RS is transmitted while the position estimation session of the UE is active, and the position estimation session of the UE is associated with a second UL-RS configuration that is different than the first UL-RS configuration (Applicant used alternative language therefore, examiner considered UE is inactive i.e., Para 203, signaling flow is shown in FIG. 4 for 4-step RACH for UL positioning methods for measurement report transmission during inactive mode).
Rao does not specifically teach
receive, via the one or more transceivers a first uplink reference signal (UL-RS) configuration associated with monitoring of an artificial intelligence machine learning (AIML) model for network-assisted position estimation.
However, in the same field of endeavor, Shah teaches
receive (Fig. 8 and Para 259, The WTRU 802 receives a PRS configuration 810), via the one or more transceivers (Fig. 8 Unit 802) a first configuration (Fig 8 and Para 259, PRS configuration) associated with monitoring of an artificial intelligence machine learning (AIML) model for network-assisted position estimation (Para 259, Based on predefined conditions, the WTRU sends ML assisted positioning request 812 to network device 804. The WTRU receives a ML model or models 814 for training and/or deployment, e.g., from network device 804 i.e., associated with monitoring of an artificial intelligence machine learning (AIML) model for network-assisted position estimation).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rao with the method of Shah so that the positioning accuracy is achievable by such positioning determining techniques (See Sha Para 2).
Regarding Claim 2, Rao teaches wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, the second UL-RS configuration associated with the position estimation session of the UE; and transmit, via the one or more transceivers, at least one second UL-RS in accordance with the second UL-RS configuration (Para 203).
Regarding Claim 8, Rao teaches wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, the first UL-RS configuration via radio resource control (RRC) signaling, medium access control command element (MAC-CE), or downlink control information (DCI) (Para 318).
Regarding Claim 9, Rao teaches wherein the first UL-RS configuration is activated irrespective of whether the position estimation session of the UE is active, or wherein the first UL-RS configuration is activated and deactivated via network signaling (Para 524).
Regarding Claim 10, Rao teaches wherein the one or more processors, either alone or in combination, are further configured to: determine whether to transmit one or more UL-RS in accordance with the first UL-RS configuration based on a set of criteria; and transmit, via the one or more transceivers, the at least one first UL-RS based on the determination (Para 524).
Regarding Claim 11, Rao teaches wherein the set of criteria comprises at least one network-configured criterion (Para 174 and 524).
Regarding Claim 12, Rao teaches wherein the set of decision criteria comprises: a UE speed criterion, or a serving cell change criterion, or a signal quality criterion, or a delay spread criterion, or any combination thereof (Para 175).
Regarding Claim 13, Rao teaches transmit, via the one or more transceivers, to a position estimation entity, an indication of a capability of the UE to support UL-RS configurations and receive, via the one or more transceivers, the first UL-RS configuration in response to the indication (Para 201) but does not specifically teach
transmit, via the one or more transceivers, to a position estimation entity, an indication of a capability of the UE to support UL-RS configurations for monitoring of AI-ML position estimation models; and receive, via the one or more transceivers, the first UL-RS configuration in response to the indication.
However, in the same field of endeavor, Shah teaches The WTRU 802 receives a PRS configuration 810, e.g., from LMF 806. The WTRU 802 receives PRS from multiple TRPs (not illustrated). Based on predefined conditions, the WTRU sends ML assisted positioning request 812 to network device 804. The WTRU receives a ML model or models 814 for training and/or deployment, e.g., from network device 804. The WTRU performs verification and/or selection 816 to verify the ML model and/or select a ML model to perform training and/or deployment based on the coverage of the model. Examples of model coverage include geographical location of the WTRU, reference TRP, reference beam ID, NLOS environment only or Indoor environment. The WTRU in some implementations sends a notification 818 to network device 804 indicating the verification status and/or model selection at step 818, and performs training and/or deployment 820 of the model to determine location information, or for training purposes. In some implementations the WTRU returns an indication 822 of location information or a trained model to the network (e.g., to LMF 806) i.e., transmit, via the one or more transceivers, to a position estimation entity, an indication of a capability of the UE to support UL-RS configurations for monitoring of AI-ML position estimation models; and receive, via the one or more transceivers, the first UL-RS configuration in response to the indication (Para 259).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rao with the method of Shah so that the positioning accuracy is achievable by such positioning determining techniques (See Sha Para 2).
Regarding Claim 14, Rao teaches wherein the indication comprises: a supported processing gap associated with UL resource switching, or a supported UL-RS bandwidth for UL-RS, or a supported transmission power for UL-RS, or a support number of antennas or panels for UL-RS, or any combination thereof (Fig. 4 and Para 203).
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rao et al. Pub. No. US 20230379860 A1 in view of Shah et al. Pub. No. US 20250300900 A1 and further in view of Official Notice
Regarding Claim 3, Rao and Shah does not specifically teach wherein the first UL-RS configuration is associated with a first set of parameters that is higher than a second set of parameters.
However, examiner would like to take official notice as it is well known in the art and taught by RAO that PRS are to be sent with different configurations and having two sets parameters i.e., first set of parameters and the second set of parameters, then one of them is going to be higher than the other set of parameters. Note that some parameters are best when lower, other when higher.
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rao with the method of Shah and further in view of Official Notice that higher degree of position location can be achieved based on higher or lower parameters.
Regarding Claim 4, Rao and Shah does not specifically teach wherein the first set of parameters is higher than the second set of parameters.
However, examiner would like to take official notice as it is well known in the art and taught by RAO that PRS are to be sent with different configurations and having two sets parameters i.e., first set of parameters and the second set of parameters, then one of them is going to be higher than the other set of parameters. Note that some parameters are best when lower, other when higher.
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rao with the method of Shah and further in view of Official Notice that higher degree of position location can be achieved based on higher or lower parameters.
Regarding Claim 5, Rao teaches wherein the first UL-RS configuration is associated with a first UL-RS bandwidth and the second UL-RS configuration is associated with a second UL-RS bandwidth that is less than the first UL-RS bandwidth, or wherein the first UL-RS configuration is associated with a first number of transmission reception points (TRPs) and the second UL-RS configuration is associated with a second number of TRPs that is less than the first number of TRPs, or wherein the first UL-RS configuration is associated with a first set of antennas or panels and the second UL-RS configuration is associated with a second set of antennas or panels that is fewer than the first set of antennas or panels, or wherein the first UL-RS configuration is associated with a first transmission power and the second UL-RS configuration is associated with a second transmission power that is less than the first transmission power, or any combination thereof (Para 288-289).
Regarding Claim 6, Rao teaches wherein the first UL-RS configuration is associated with a first UL-RS occasion periodicity and the second UL-RS configuration is associated with a second UL-RS occasion periodicity or the second UL-RS configuration is aperiodic or semi-persistent, or wherein the first UL-RS configuration is associated with a first set of beams and the second UL-RS configuration is associated with a second set of beams, or wherein the first UL-RS configuration is associated with a first frequency band and the second UL-RS configuration is associated with a second frequency band, or any combination thereof (Para 212).
Regarding Claim 7, Rao teaches wherein one or more first time-frequency (T-F) resources associated with one or more first UL-RS occasions of the first UL-RS configuration are partially overlapping with one or more second T-F resources associated with one or more second UL-RS occasions of the second UL-RS configuration in time-domain or frequency-domain or both (Para 321).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hasegawa et al. Pub. No. US 20260019982 A1 - POSITIONING WITH ESTIMATED MEASUREMENTS
Kim et al. Pub. No. US 20220124636 A1 - METHOD FOR TRANSMITTING AND RECEIVING UPLINK REFERENCE SIGNAL FOR POSITIONING, AND DEVICE THEREFOR
WO 2024165998 A1 - MACHINE LEARNING FOR POSITIONING
WO 2020159058 A1 - METHOD FOR TRANSMITTING AND RECEIVING UPLINK SIGNAL FOR POSITIONING, AND DEVICE THEREFOR
3GPP TSG-RAN WG1 Meeting #111 - R1-2210890 Toulouse, France, November 14 – 18, 2022
3GPP TSG-RAN WG1 Meeting #116 Tdoc R1-2401545 Athens, Greece, February 26th – March 1st, 2024
3GPP TSG-RAN WG2 Meeting #125-bis - R2-2402651 Changsha, China, Apr 15th – 19th, 2024
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAR N SIVJI whose telephone number is (571)270-7462. The examiner can normally be reached Monday-Friday 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647