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 § 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rayavarapu (US 2013/0260740) in view of Keating et al. (US 2020/0229130).
Regarding claim 1, Rayavarapu (US 2013/0260740) teaches a method performed by a user equipment (UE) for supporting location services for the UE, comprising: sending a connection suspend request to a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE (i.e., triggering a suspension of the UE's RRC Connection are determined to have been met. The determination may be made either by the UE 101 or by the eNB 102a, or by both the UE and the eNB. If the determination is made by the UE 101, the UE may send an RRC connection suspend request message to eNB 102a. [0314] C. The UE's RRC Connection is suspended [0179], [0313]-[0314], [0323], [0449], [0634]-[0635]); receiving the connection suspend message from the base station (i.e., sending of a message or command from the eNB 102a to the UE 101 to instruct the suspension of the RRC Connection [0179], [0313]-[0314]). Rayavarapu further teaches performing measurements while in the inactive state (i.e., in idle mode 401, mobility reports are only seldom sent by the UE 101, and the network is aware of the UE's location with relatively coarse granularity [0248]); and sending the location information, when in a connected state, to the location server (i.e., in connected mode 402, measurement reports may be sent relatively frequently and the network is aware of the UE's location with finer granularity (to the cell level) [0248], [0259]).
Rayavarapu does not specifically teach performing positioning measurements to obtain location information while in the inactive state and sending the location information, when in a connected state, to the location server.
However, the preceding limitation is known in the art of communications. Keating teaches performing positioning measurements, while in the RRC_idle or RRC_inactive mode; and sending a location report to the base station or location server; receive a location report from the user equipment in the RRC_idle or RRC_inactive mode; and forward the location report from the user equipment to a location server ([0013]-[0016]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique Keating within the system of Rayavarapu in order to let a mobile device figure out its location without first fully waking up and connecting to the cellular network.
Regarding claim 2, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches transmitting a connection resume request message to the base station when the location information is to be sent to the location server (i.e., the UE detects the need to resume the RRC connection either due to the arrival of data pending uplink transmission or due to reception of paging from the network. [0573] 3. On its current camped cell within the validity area, UE sends an RRC connection reestablishment request with a new cause indicating reactivate' or new IE to indicate the reactivation of a suspended RRC Connection or context); and receiving a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state ([0572]-[0576]).
3. The method of claim 1, wherein the connection suspend request includes an indication of a time duration during which position related messages between the UE and the location server are not expected.
4. The method of claim 3, wherein the time duration during which the position related messages between the UE and the location server are not expected comprises a time for the UE to perform the positioning measurements.
5. The method of claim 3, wherein the time duration during which the position related messages between the UE and the location server are not expected is based on a measurement periodicity.
6. The method of claim 3, wherein the position related messages between the UE and the location server that are not expected during the time duration comprise positioning measurement messages to the location server.
Regarding claim 7, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches sending the connection suspend request is responsive to a determination, by the UE, that scheduled data activity using a connection between the UE and the base station is less than a threshold ([0633]-[0635]).
Regarding claim 8, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches storing a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state ([0574]-[0577]); and resuming the RRC connection with the base station based on the UE connection context ([0574]-[0575]).
Regarding claim 9, Rayavarapu (US 2013/0260740) teaches a user equipment (UE) configured for supporting location services for the UE (101), comprising: at least one wireless transceiver configured to wirelessly communicate with entities in a wireless network (UE 101); at least one memory; at least one processor coupled to the at least one wireless transceiver and the at least one memory, wherein the at least one processor (i.e., typical features of communication device) is configured to: send a connection suspend request to a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE (i.e., triggering a suspension of the UE's RRC Connection are determined to have been met. The determination may be made either by the UE 101 or by the eNB 102a, or by both the UE and the eNB. If the determination is made by the UE 101, the UE may send an RRC connection suspend request message to eNB 102a. [0314] C. The UE's RRC Connection is suspended [0179], [0313]-[0314], [0323], [0449], [0634]-[0635]); receive the connection suspend message from the base station (i.e., sending of a message or command from the eNB 102a to the UE 101 to instruct the suspension of the RRC Connection [0179], [0313]-[0314]). Rayavarapu further teaches performing measurements while in the inactive state (i.e., in idle mode 401, mobility reports are only seldom sent by the UE 101, and the network is aware of the UE's location with relatively coarse granularity [0248]); and sending the location information, when in a connected state, to the location server (i.e., in connected mode 402, measurement reports may be sent relatively frequently and the network is aware of the UE's location with finer granularity (to the cell level) [0248], [0259]).
Rayavarapu does not specifically teach performing positioning measurements to obtain location information while in the inactive state and sending the location information, when in a connected state, to the location server.
However, the preceding limitation is known in the art of communications. Keating teaches performing positioning measurements, while in the RRC_idle or RRC_inactive mode; and sending a location report to the base station or location server; receive a location report from the user equipment in the RRC_idle or RRC_inactive mode; and forward the location report from the user equipment to a location server ([0013]-[0016]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique Keating within the system of Rayavarapu in order to let a mobile device figure out its location without first fully waking up and connecting to the cellular network.
Regarding claim 10, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches transmit a connection resume request message to the base station when the location information is to be sent to the location server (i.e., the UE detects the need to resume the RRC connection either due to the arrival of data pending uplink transmission or due to reception of paging from the network. [0573] 3. On its current camped cell within the validity area, UE sends an RRC connection reestablishment request with a new cause indicating reactivate' or new IE to indicate the reactivation of a suspended RRC Connection or context); and receive a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state ([0572]-[0576]).
Regarding claim 15, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches send the connection suspend request is responsive to a determination, by the UE, that scheduled data activity using a connection between the UE and the base station is less than a threshold ([0633]-[0635]).
Regarding claim 16, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches store a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state ([0574]-[0577]); and resume the RRC connection with the base station based on the UE connection context ([0574]-[0575]).
Regarding claim 17, Rayavarapu (US 2013/0260740) teaches an apparatus performed by a user equipment (UE) for supporting location services for the UE, comprising: means for sending a connection suspend request to a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE (i.e., triggering a suspension of the UE's RRC Connection are determined to have been met. The determination may be made either by the UE 101 or by the eNB 102a, or by both the UE and the eNB. If the determination is made by the UE 101, the UE may send an RRC connection suspend request message to eNB 102a. [0314] C. The UE's RRC Connection is suspended [0179], [0313]-[0314], [0323], [0449], [0634]-[0635]); means for receiving the connection suspend message from the base station (i.e., sending of a message or command from the eNB 102a to the UE 101 to instruct the suspension of the RRC Connection [0179], [0313]-[0314]). Rayavarapu further teaches performing measurements while in the inactive state (i.e., in idle mode 401, mobility reports are only seldom sent by the UE 101, and the network is aware of the UE's location with relatively coarse granularity [0248]); and sending the location information, when in a connected state, to the location server (i.e., in connected mode 402, measurement reports may be sent relatively frequently and the network is aware of the UE's location with finer granularity (to the cell level) [0248], [0259]).
Rayavarapu does not specifically teach means for performing positioning measurements to obtain location information while in the inactive state and sending the location information, when in a connected state, to the location server.
However, the preceding limitation is known in the art of communications. Keating teaches performing positioning measurements, while in the RRC_idle or RRC_inactive mode; and sending a location report to the base station or location server; receive a location report from the user equipment in the RRC_idle or RRC_inactive mode; and forward the location report from the user equipment to a location server ([0013]-[0016]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique Keating within the system of Rayavarapu in order to let a mobile device figure out its location without first fully waking up and connecting to the cellular network.
Regarding claim 18, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches means for transmitting a connection resume request message to the base station when the location information is to be sent to the location server (i.e., the UE detects the need to resume the RRC connection either due to the arrival of data pending uplink transmission or due to reception of paging from the network. [0573] 3. On its current camped cell within the validity area, UE sends an RRC connection reestablishment request with a new cause indicating reactivate' or new IE to indicate the reactivation of a suspended RRC Connection or context); and means for receiving a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state ([0572]-[0576]).
Regarding claim 19, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches means for sending the connection suspend request is responsive to a determination, by the UE, that scheduled data activity using a connection between the UE and the base station is less than a threshold ([0633]-[0635]).
Regarding claim 20, Rayavarapu in view of Keating teaches all the limitations above. Rayavarapu further teaches means storing a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state ([0574]-[0577]); and means for resuming the RRC connection with the base station based on the UE connection context ([0574]-[0575]).
Double Patenting
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).
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).
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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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,108,305. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the US patent include all the limitations of the current application.
Current Application
U.S. Patent No. 12,108,305
1. A method performed by a user equipment (UE) for supporting location services for the UE, comprising: sending a connection suspend request to a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE; receiving the connection suspend message from the base station; performing positioning measurements to obtain location information while in the inactive state; and sending the location information, when in a connected state, to the location server.
1. A method performed by a user equipment (UE) for supporting location services for the UE, comprising: receiving a connection suspend message from a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE, wherein the connection suspend message was initiated by the location server; performing positioning measurements to obtain location information while in the inactive state; and sending the location information, when in a connected state, to the location server,
2. The method of claim 1, further comprising: transmitting a connection resume request message to the base station when the location information is to be sent to the location server; and receiving a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state.
2. The method of claim 1, further comprising: transmitting a connection resume request message to the base station when the location information is to be sent to the location server; and receiving a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state.
3. The method of claim 1, wherein the connection suspend request includes an indication of a time duration during which position related messages between the UE and the location server are not expected.
1. wherein the location server initiates the connection suspend message by providing to the base station an indication of a time duration during which position related messages between the UE and the location server are not expected.
4. The method of claim 3, wherein the time duration during which the position related messages between the UE and the location server are not expected comprises a time for the UE to perform the positioning measurements.
4. The method of claim 1, wherein the time duration during which the position related messages between the UE and the location server are not expected comprises a time for the UE to perform the positioning measurements.
5. The method of claim 3, wherein the time duration during which the position related messages between the UE and the location server are not expected is based on a measurement periodicity.
5. The method of claim 1, wherein the time duration during which the position related messages between the UE and the location server are not expected is based on a measurement periodicity.
6. The method of claim 3, wherein the position related messages between the UE and the location server that are not expected during the time duration comprise positioning measurement messages to the location server.
6. The method of claim 1, wherein the position related messages between the UE and the location server that are not expected during the time duration comprise positioning measurement messages to the location server.
7. The method of claim 1, wherein sending the connection suspend request is responsive to a determination, by the UE, that scheduled data activity using a connection between the UE and the base station is less than a threshold.
7. The method of claim 1, wherein the base station sends the connection suspend message based on the indication of the time duration.
8. The method of claim 1, further comprising: storing a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state; and resuming the RRC connection with the base station based on the UE connection context.
8. The method of claim 1, further comprising: storing a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state; and resuming the RRC connection with the base station based on the UE connection context.
9. A user equipment (UE) configured for supporting location services for the UE, comprising: at least one wireless transceiver configured to wirelessly communicate with entities in a wireless network; at least one memory; at least one processor coupled to the at least one wireless transceiver and the at least one memory, wherein the at least one processor is configured to: send a connection suspend request via the at least one wireless transceiver to a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE; receive the connection suspend message via the at least one wireless transceiver from the base station; perform positioning measurements to obtain location information while in the inactive state; and send the location information via the at least one wireless transceiver, when in a connected state, to the location server.
9. A user equipment (UE) configured for supporting location services for the UE, comprising: a wireless transceiver configured to wirelessly communicate with entities in a wireless network; at least one memory; at least one processor coupled to the wireless transceiver and the at least one memory, wherein the at least one processor is configured to: transmit, via the wireless transceiver, a message to a base station to establish a Radio Resource Control (RRC) connection with the base station; receive, via the wireless transceiver, a message for a positioning session from a location server; receive, via the wireless transceiver, a connection suspend message from the base station to place the UE in an inactive state, wherein the connection suspend message was initiated by the location server; perform positioning measurements to obtain location information while in the inactive state; and send the location information, when in a connected state, to the location server.
10. The UE of claim 9, wherein the at least one processor is further configured to: transmit a connection resume request message to the base station when the location information is to be sent to the location server; and receive a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state.
10. The UE of claim 9, wherein the at least one processor is further configured to: transmit, via the wireless transceiver, a connection resume request message to the base station when the location information is to be sent to the location server; and receive, via the wireless transceiver, a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state.
11. The UE of claim 9, wherein the at least one processor is configured to include, in the connection suspend request, an indication of a time duration during which position related messages between the UE and the location server are not expected.
9. wherein the location server initiates the connection suspend message by providing to the base station an indication of a time duration during which position related messages between the UE and the location server are not expected.
12. The UE of claim 11, wherein the time duration during which the position related messages between the UE and the location server are not expected comprises a time for the UE to perform the positioning measurements.
12. The UE of claim 9, wherein the time duration during which the position related messages between the UE and the location server are not expected comprises a time for the UE to perform the positioning measurements.
13. The UE of claim 11, wherein the time duration during which the position related messages between the UE and the location server are not expected is based on a measurement periodicity.
14. The UE of claim 11, wherein the position related messages between the UE and the location server that are not expected during the time duration comprise positioning measurement messages to the location server.
13. The UE of claim 9, wherein the time duration during which the position related messages between the UE and the location server are not expected is based on a measurement periodicity.
14. The UE of claim 9, wherein the position related messages between the UE and the location server that are not expected during the time duration comprise positioning measurement messages to the location server.
15. The UE of claim 9, wherein, the at least one processor is configured to send the connection suspend request responsive to a determination that scheduled data activity using a connection between the UE and the base station is less than a threshold.
15. The UE of claim 9, wherein the base station sends the connection suspend message based on the indication of the time duration.
16. The UE of claim 9, wherein the at least one processor is further configured to: store a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state; and resume the RRC connection with the base station based on the UE connection context.
16. The UE of claim 9, wherein the at least one processor is further configured to: store a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state; and resume the RRC connection with the base station based on the UE connection context.
17. An apparatus configured for supporting location services for a user equipment (UE), comprising: means for sending a connection suspend request to a base station to place the UE in an inactive state while the UE is in a positioning session with a location server, wherein the base station has an established Radio Resource Control (RRC) connection with the UE; means for receiving the connection suspend message from the base station; means for performing positioning measurements to obtain location information while in the inactive state; and means for sending the location information, when in a connected state, to the location server.
17. A user equipment (UE) configured for supporting location services for the UE, comprising: means for transmitting a message to a base station to establish a Radio Resource Control (RRC) connection with the base station; means for receiving a message for a positioning session from a location server; means for receiving a connection suspend message from the base station to place the UE in an inactive state, wherein the connection suspend message was initiated by the location server; means for performing positioning measurements to obtain location information while in the inactive state; and means for sending the location information, when in a connected state, to the location server.
18. The apparatus of claim 17, further comprising: means for transmitting a connection resume request message to the base station when the location information is to be sent to the location server; and means for receiving a connection resume response message from the base station in response to the connection resume request message to transition from the inactive state to the connected state.
apparatus of claim 10. The UE of claim 9, wherein the at least one processor is further configured to: transmit, via the wireless transceiver, a connection resume request message to the base station when the location information is to be sent to the location server; and receive, via the wireless transceiver, a connection resume response message from the base station in response to the connection resume request message to transition from the
19. The apparatus of claim 17, further comprising means for sending the connection suspend request is responsive to a determination, by the UE, that scheduled data activity using a connection between the UE and the base station is less than a threshold.
19. The apparatus of claim 17, further comprising means for sending the connection suspend request is responsive to a determination, by the UE, that scheduled data activity using a connection between the UE and the base station is less than a threshold.
20. The apparatus of claim 17, further comprising: means for storing a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state; and means for resuming the RRC connection with the base station based on the UE connection context.
16. The UE of claim 9, wherein the at least one processor is further configured to: store a UE connection context while in the inactive state, wherein the base station stores the UE connection context while the UE is in the inactive state; and resume the RRC connection with the base station based on the UE connection context.
Allowable Subject Matter
Claims 3-6 and 11-14 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 and overcome the double patenting rejections..
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 PM.
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/JEAN A GELIN/Primary Examiner, Art Unit 2643
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