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 .
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, 11 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1, 8 and 15 of U.S. Patent No.US 12120628 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 11 and 16 of the instant application are subset of the U.S. Patent No.US 12120628 B2.
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.
Claim(s) 1-3, 5, 7, 11, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhojkumar et al. (hereinafter Bhojkumar)(US 2021/0400754) in view of Meredith et al. (hereinafter Meredith)(US 2019/0141668) and Amsalem et al. (hereinafter Amsalem)(US 2017/0230801).
Regarding claim 1, Bhojkumar teaches a method, comprising: storing, by network equipment comprising a processor and memory, correlated serving cell and timing advance information for a communications network and a user equipment, including storing identification information for serving cells that served the user equipment, and correlated timing advance values indicating timing advances while the user equipment was served by the serving cells;
identifying, by the network equipment, a frequently repeated serving cell and correlated timing advance value, wherein the frequently repeated serving cell and correlated timing advance value is correlated with a frequently visited location of the user equipment(Fig. 5; P[0042], 5G NR coverage information database maintained by the server; P[0043], database includes a first column that indicates cell ID; P[0045], database includes timing advance command values); and
a user equipment location corresponding to the frequently repeated serving cell and correlated timing advance value, wherein determining the user equipment location is based on a location of a network node associated with the frequently repeated serving cell and the correlated timing advance value(Fig. 5; P[0058], measurements by UE identifies that there is likely coverage at the current location), and
wherein the determining the user equipment location comprises identifying a neighboring cell adjacent to the serving cell and correlated secondary timing advance information associated with the neighboring cell while the neighboring cell was serving the user equipment(Fig. 5; P[0044], measurement data corresponding to a neighboring cell satisfies a threshold value).
Bhojkumar did not teach specifically determining, by the network equipment, a user equipment location corresponding to the serving cell and correlated timing advance value. However, Meredith teaches in an analogous art determining, by the network equipment, a user equipment location corresponding to the serving cell and correlated timing advance value(abstract; most probable UE locations; further refined location based on density data; timing advancement information; weighted centroid based on the historical UE density). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use method of determining, by the network equipment, a user equipment location corresponding to the serving cell and correlated timing advance value in order to have improved location quality.
Bhojkumar in view of Meredith did not teach specifically location corresponding to frequently repeated serving cell. However, Amsalem teaches in an analogous art location corresponding to frequently repeated serving cell(P[0046], weighted mean, mode or median; P[0040], the table). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use method of determining location corresponding to frequently repeated serving cell in order to have quick location finding.
Regarding claim 2, Bhojkumar in view of Meredith and Amsalem teaches the method of claim 1, further comprising: including, by the network equipment, the frequently repeated serving cell and correlated timing advance value, and the user equipment location, in a location lookup data structure for the user equipment(Bhojkumar: Fig. 5; P[0040-0045]; P[0058], likely coverage).
Regarding claim 3, Bhojkumar in view of Meredith and Amsalem teaches the method of claim 2, further comprising: establishing, by the network equipment, the location lookup data structure as a table including a plurality of rows of data, the data comprising, identification information for a serving cell visited by a specified user equipment, an identification of a timing advance value associated with the specified user equipment when visiting the serving cell, and a location(Bhojkumar: Fig. 5; P[0040-0045]).
Regarding claim 5, Bhojkumar in view of Meredith and Amsalem teaches the method wherein the establishing the location lookup data structure comprises: establishing, by the network equipment, the table having a plurality of rows of data, each respective row of data corresponding to a unique user equipment of a plurality of user equipment, each row including identification information for a specified unique user equipment of the plurality of user equipment (Bhojkumar: P[0017], plurality of UEs; also table in Fig.5).
Regarding claim 7, Bhojkumar in view of Meredith and Amsalem teaches the method of claim 1, wherein the identifying a frequently repeated serving cell and correlated timing advance value comprising: identifying, by the network equipment, the frequently repeated serving cell and correlated timing advance value based on a frequency criterion, wherein the frequency criterion defines a frequency needed to qualify as a frequently repeated serving cell(Fig. 5; TA value repeated based on column 2; table includes cell ID and TA is correlated with frequently repeated serving cell 120A; P[0040-0045]).
Claim 11 is rejected for the same reason as set forth in claim 1.
Claim 16 is rejected for the same reason as set forth in claim 1. Meredith further teaches azimuth information(P[0057], azimuth; parameters associated with the BSs).
Claim(s) 4, 6, 12-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bhojkumar et al. (hereinafter Bhojkumar)(US 2021/0400754) in view of Meredith et al. (hereinafter Meredith)(US 2019/0141668), Amsalem et al. (hereinafter Amsalem)(US 2017/0230801) and Weisbrod et al. (hereinafter Weisbrod)(US 2022/0182830).
Regarding claim 4, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except providing, by the network equipment, to the location lookup data structure, a live serving cell and a live timing advance value for the specified user equipment; and receiving, by the network equipment, from the location lookup data structure, a live location corresponding to the user equipment location for the specified user equipment. However, Weisbrod teaches in an analogous art providing, by the network equipment, to the location lookup data structure, a live serving cell and a live timing advance value for the specified user equipment; and receiving, by the network equipment, from the location lookup data structure, a live location corresponding to the user equipment location for the specified user equipment (P[0048], monitor in real time changes in Timing advance; item 112 in Fig. 1B; historical measurement data structure). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use method of providing, by the network equipment, to the location lookup data structure, a live serving cell and a live timing advance value for the specified user equipment; and receiving, by the network equipment, from the location lookup data structure, a live location corresponding to the user equipment location for the specified user equipment in order to have improved precision.
Regarding claim 6, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except providing, by the network equipment, to the location lookup data structure, live identification information for a live user equipment, a live serving cell and a live timing advance value for the live user equipment; and receiving, by the network equipment, from the location lookup data structure, a live location corresponding to the user equipment location for the live user equipment. However, Weisbrod teaches in an analogous art providing, by the network equipment, to the location lookup data structure, live identification information for a live user equipment, a live serving cell and a live timing advance value for the live user equipment; and receiving, by the network equipment, from the location lookup data structure, a live location corresponding to the user equipment location for the live user equipment (P[0048], monitor in real time changes in Timing advance; item 112 in Fig. 1B; historical measurement data structure). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use method of providing, by the network equipment, to the location lookup data structure, live identification information for a live user equipment, a live serving cell and a live timing advance value for the live user equipment; and receiving, by the network equipment, from the location lookup data structure, a live location corresponding to the user equipment location for the live user equipment in order to have improved precision.
Regarding claim 12, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except wherein the applying the correlated predetermined user equipment location of the correlated predetermined user equipment locations to the user equipment is further based on the secondary location of an identified secondary network node associated with an identified neighboring cell adjacent to the frequently repeated serving cell. However, Weisbrod teaches in an analogous art wherein the applying the correlated predetermined user equipment location of the correlated predetermined user equipment locations to the user equipment is further based on the secondary location of an identified secondary network node associated with an identified neighboring cell adjacent to the frequently repeated serving cell(P[0031], location of the UE based on a location of the base station, location of one or more other base stations; P[0021], first cell and second cell). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use method of wherein the applying the correlated predetermined user equipment location of the correlated predetermined user equipment locations to the user equipment is further based on the secondary location of an identified secondary network node associated with an identified neighboring cell adjacent to the frequently repeated serving cell in order to have improved precision.
Regarding claim 13, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except wherein the operations further comprise: storing historical information in the location lookup data structure for the user equipment, the historical information including information about correlated timing advance values associated with the user equipment for the serving cells(P[0014], historical measurement data structure. However, Weisbrod teaches in an analogous art wherein the operations further comprise: storing historical information in the location lookup data structure for the user equipment, the historical information including information about correlated timing advance values associated with the user equipment for the frequently repeated serving cells(database, table) that stores information identifying historical locations in association with information identifying historical parameters timing advances associated with wireless communications; Figs 1B-1D; table in item 112). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have wherein the operations further comprise: storing historical information in the location lookup data structure for the user equipment, the historical information including information about correlated timing advance values associated with the user equipment for the frequently repeated serving cells.in order to have quick estimation of location.
Regarding claim 14, Weisbrod teaches, wherein the storing historical information in the location lookup data structure comprises: storing a secondary correlated timing advance value associated with the neighboring cell while the user equipment was served by the neighboring cell(database, table) that stores information identifying historical locations in association with information identifying historical parameters timing advances associated with wireless communications; Figs 1B-1D; table in item 112).
Regarding claim 20, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except wherein the operations further comprise: obtaining user equipment serving cell and timing advance value information; and looking up the user equipment serving cell and timing advance value information in the location lookup table for the user equipment, in order to determine a user equipment location. However, Weisbrod teaches in an analogous art wherein the operations further comprise: obtaining user equipment serving cell and timing advance value information; and looking up the user equipment serving cell and timing advance value information in the location lookup table for the user equipment, in order to determine a user equipment location(P[0044-0044], determine location of the UE by performing a lookup in the historical measurement data structure; Figs. 1B-1D). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have the operations further comprise: obtaining user equipment serving cell and timing advance value information; and looking up the user equipment serving cell and timing advance value information in the location lookup table for the user equipment, in order to determine a user equipment location in order to have quick estimation of location.
Claim(s) 8-10, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Bhojkumar et al. (hereinafter Bhojkumar)(US 2021/0400754) in view of Meredith et al. (hereinafter Meredith)(US 2019/0141668), Amsalem et al. (hereinafter Amsalem)(US 2017/0230801) and Eriksson et al. (hereinafter Eriksson)(US 2014/0022974).
Regarding claim 8, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except retrieving, by the network equipment, data representative of a history of network information associated with the user equipment; and identifying, by the network equipment, one or more stationary UE sessions for the user equipment.
However, Erikksson teaches in an analogous art retrieving, by the network equipment, data representative of a history of network information associated with the user equipment; and identifying, by the network equipment, one or more stationary UE sessions for the user equipment(P[0071, 0072; 0074-0075; 0079; 0082]; P[0074], historical information; timing advance; stationary; also Fig. 2; obtaining mobility information; P[0088], mobility information based on TA). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use method retrieving, by the network equipment, data representative of a history of network information associated with the user equipment; and identifying, by the network equipment, one or more stationary UE sessions for the user equipment in order to have improved precision.
Regarding claim 9, Bhojkumar in view of Meredith, Amsalem and Eriksson teaches wherein the identifying one or more stationary UE sessions for the user equipment comprises: identifying, by the network equipment, in the data representative of the history of network information associated with the user equipment, occasions when the user equipment was substantially stationary and served by a limited number of nearby cells(Eriksson: P[0071, 0072; 0074-0075; 0079; 0082]; P[0074], historical information; timing advance; stationary; also Fig. 2; obtaining mobility information; P[0088], mobility information based on TA; P[0055], more or less stationay).
Regarding claim 10, Bhojkumar teaches the method of claim 8, wherein the retrieving the data representative of a history of network information associated with the user equipment comprises: retrieving, by the network equipment, correlated serving cell and timing advance information for the communications network and the user equipment(Fig. 5; P[0041], For example, the UE and other UEs may provide this type of coverage information (e.g., cell ID, timing advanced command value, B1 event threshold satisfied, etc.) to the NR coverage server using an IP based message. As will be described below, the NR coverage server may also maintain a database of this type of coverage information).
Claims 17-18 are rejected for the same reason as set forth in claims 8-9 respectively.
Claim(s) 15, 19 /are rejected under 35 U.S.C. 103 as being unpatentable over Bhojkumar et al. (hereinafter Bhojkumar)(US 2021/0400754) in view of Meredith et al. (hereinafter Meredith)(US 2019/0141668), Amsalem et al. (hereinafter Amsalem)(US 2017/0230801) and Dai et al. (hereinafter Dai)(US 2019/0124711).
Regarding claim 15, Bhojkumar in view of Meredith and Amsalem teaches all the particulars of the claim except wherein the storing historical information in the location lookup data structure comprise: identifying the frequently repeated serving cell and correlated timing advance value based on a frequency criterion, wherein the frequency criterion defines a frequency needed to qualify as a frequently repeated serving cell. However, Dai teaches in an analogous art wherein the storing historical information in the location lookup data structure comprise: identifying the frequently repeated serving cell based on a frequency criterion, wherein the frequency criterion defines a frequency needed to qualify as a frequently repeated serving cell(P[0086], UE makes statistics on cells it frequently passes by or is connected and defines these sells as habitual movement range). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have the storing historical information in the location lookup data structure comprise: identifying the frequently repeated serving cell and correlated timing advance value based on a frequency criterion, wherein the frequency criterion defines a frequency needed to qualify as a frequently repeated serving cell in order to have improved precision.
Claim 19 is rejected for the same reason as set forth in claim 15.
Conclusion
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/MUTHUSWAMY G MANOHARAN/Primary Examiner, Art Unit 2647
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