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 .
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.
Claims 3-4 and 13-14 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. The claims recite the limitations “shifting, by the processor, the first path timing by the timing difference associated with the reference network node” and “shifting, by the processor, the first path timing by the timing difference associated with the reference network node circularly in a time interval”. Since, the claim does not specify any detail how is shifted, it is unclear what it is included or excluded from the claim language. Also, it is unclear what is the scope of “circularly in a time interval”. Please, clarify.
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.
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.
Claim(s) 1-4, 8-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hirzzallah 20240340136.
As to claim 1, Hirzzallah discloses a method, comprising:
measuring, by a processor [359] of an apparatus [350], a first channel delay profile with a first path timing according to a first reference signal associated with a first network node [A wireless device may measure a power delay profile (PDP) measurement based on at least one of the set of positioning signals 624] [626] (see par. 0103-0104);
adjusting, by the processor, the position associated with a reference network node [using one or more of the measurements taken at 626, one or more of the measurements taken at 628 and/or data received as the positioning feedback 632 and/or positioning feedback 630] [634] (see par. 0107); and
generating, by the processor, a model output by a positioning model based on the first channel delay profile with the adjusted first position used as model inputs, or reporting, by the processor, the first channel delay profile with the adjusted first path timing to a network [At 640, the positioning target wireless device 602 may train the positioning model.] [640] (see par. 0108). Hirzzallah does not explicitly recite adjusting the first path timing; however, it will be obvious that combining and/or using multiple measurements such as positioning feedback involves adjusting the path timing of the used measurements. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention adjusting the path timing to use the positioning feedback information and increase the accuracy of the position.
As to claim 2, Hirzzallah discloses the method of Claim 1, further comprising:
measuring, by the processor, a reference channel delay profile with a reference path timing according to a reference signal associated with the reference network node;
and determining, by the processor, the timing difference as a difference between the reference path timing and a receiving boundary] (see par. 0103-0108). Hirzzallah does not explicitly recite adjusting the first path timing; however, it will be obvious that combining and/or using multiple measurements such as positioning feedback involves adjusting the path timing of the used measurements. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention adjusting the path timing to use the positioning feedback information and increase the accuracy of the position.
As to claim 3, Hirzzallah discloses the method of Claim 1, wherein the step of adjusting the first path timing by the timing difference associated with the reference network node further comprises: shifting [updating], by the processor, the position associated with the reference network node [using one or more of the measurements taken at 626, one or more of the measurements taken at 628 and/or data received as the positioning feedback 632 and/or positioning feedback 630] [634] (see par. 0107). Hirzzallah does not explicitly recite adjusting the first path timing; however, it will be obvious that combining and/or using multiple measurements such as positioning feedback involves adjusting the path timing of the used measurements. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention adjusting the path timing to use the positioning feedback information and increase the accuracy of the position.
As to claim 4, Hirzzallah discloses the method of Claim 1, wherein the step of adjusting the first path timing by the timing difference associated with the reference network node further comprises: shifting [updating], by the processor, the position associated with the reference network node circularly in a time interval [using one or more of the measurements taken at 626, one or more of the measurements taken at 628 and/or data received as the positioning feedback 632 and/or positioning feedback 630] [634] (see par. 0107). Hirzzallah does not explicitly recite adjusting the first path timing; however, it will be obvious that combining and/or using multiple measurements such as positioning feedback involves adjusting the path timing of the used measurements. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention adjusting the path timing to use the positioning feedback information and increase the accuracy of the position.
As to claim 8, Hirzzallah discloses the method of Claim 1, wherein the first channel delay profile includes at least one of a channel impulse response (CIR), a power delay profile (PDP) and a delay profile (DP) [A wireless device may measure a power delay profile (PDP) measurement based on at least one of the set of positioning signals 624] (see par. 0104).
As to claim 9, Hirzzallah discloses the method of Claim 1, wherein the first reference signal includes a positioning reference signal [The apparatus may receive a set of positioning reference signals (PRSs)] (see par. 0005).
As to claim 10, Hirzzallah discloses the method of Claim 1, wherein the apparatus includes a positioning reference unit [The apparatus may include a user equipment (UE), a network node, or a positioning reference unit (PRU).] (see par. 0005).
Regarding claims 11-14 and 18-20, they are the corresponding apparatus claims of method claims 1-4 and 8-10. Therefore, claims 11-14 and 18-20 are rejected for the same reasons as shown above.
Allowable Subject Matter
Claims 5-7 and 15-17 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.
The following is a statement of reasons for the indication of allowable subject matter: the limitations of generating, by the processor, the positioning model with a plurality of pairs of training model inputs and training model outputs according to a machine learning scheme, wherein each training model input includes a training channel delay profile with at least one training path timing adjusted by a training time difference, and each training model output includes a training position; wherein the step of measuring the first channel delay profile with the first path timing according to the first reference signal associated with the first network node further comprises: measuring, by the processor, the first channel delay profile with the first path timing associated with the first network node and a second path timing associated with the first network node according to the first reference signal associated with the first network node; wherein the step of adjusting the first path timing by the timing difference associated with the reference network node further includes: adjusting, by the processor, the first path timing and the second path timing by the timing difference associated with the reference network node; wherein the step of generating the model output by the positioning model based on the first channel delay profile with the adjusted first path timing used as model inputs further comprises: generating, by the processor, the model output by the positioning model based on the first channel delay profile with the adjusted first path timing and the adjusted second timing used as model inputs; wherein the step of reporting the first channel delay profile with the adjusted first path timing to network for determining the model output by the positioning model further comprises: reporting, by the processor, the first channel delay profile with the adjusted first path timing and the adjusted second path timing to network for determining the model output by the positioning model; measuring, by the processor, a second channel delay profile with a first path timing associated with a second network node according to a second reference signal associated with the second network node; adjusting, by the processor, the first path timing associated with the second network node by the timing difference associated with the reference network node; wherein the step of generating the model output by the positioning model based on the first channel delay profile with the adjusted first path timing used as model inputs further comprises: generating, by the processor, the model output by the positioning model based on the first channel delay profile with the adjusted first path timing associated with the first network node and the second channel delay profile with the adjusted first path timing associated with the second network node used as model inputs; wherein the step of reporting the first channel delay profile and the adjusted first path timing to network for determining the model output by the positioning model further comprises: reporting, by the processor, the first channel delay profile with the adjusted first path timing associated with the first network node and the second channel delay profile with the adjusted first path timing associated with the second network node to network for determining the model output by the positioning model have not been found nor have been fairly suggested in the prior art search.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647
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