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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on September 3, 2024 and October 1, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Applicant should note that the large number of references in the attached IDSs have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is invited to point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action. It is desirable to avoid the submission of long lists of documents if it can be avoided. If a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff ’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC v. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995).
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(s) 6 and 20 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitation "… selecting the reference signal resource is based …” There is insufficient antecedent basis for the term “reference signal resource” in the preceding lines or in independent claim 1. Independent claim 1 and the earlier portion of claim 6 only introduced “one or more reference signal resource sets“ and “reference signal resource set.” It is unclear whether “the reference signal resource” in claim 6 is a typographical error intended to refer back to the previously introduced “the reference signal resource set,” or if it intends to recited an individual, distinct “resource” within said set.
Claim 20 has similar limitation as of Claim(s) 6, therefore it is rejected under the same reasons as Claim(s) 6.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 9-14, and 17-19 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shreevastav et al. (U.S. Patent Application Publication No. 20240267878, which claims priority to U.S. Provisional Application No. 63/213,665 filed on June 22, 2021, hereinafter “Shreevastav”).
With respect to independent claims:
Regarding Claim 1, Shreevastav teaches A method (Fig. 13) for wireless communication at a user equipment (UE) (Fig. 10, UE), comprising:
receiving a message that indicates a configuration of one or more reference signal resource sets each associated with one or more operating modes of a network entity
(paragraphs [0200-0204]): the configurations associated with the respective indices can be differentiated and/or grouped based on energy consumption (e.g., for TRPs and/or UEs) (interpreted as “a configuration of one or more reference signal resource sets each associated with one or more operating modes of a network entity”). … Configuration index 1: … Configuration index 2: … Configuration index 3: … (interpreted as “each associated with one or more operating modes of a network entity”) the LMF may provide lowest-energy configuration index 3 when there are few UEs that need to be positioned.) (also disclosed in Provisional Application No. 63/213,665, page 29 of the Specification, lines 10-24)
(Fig. 13 and para [0218]: The exemplary method can include the operations of block 1310, where the UE can receive the following from a positioning node associated with the RAN: a plurality of configurations for PRS (interpreted as “receiving a message that indicates a configuration of one or more reference signal resource sets”) transmitted by nodes of the RAN, and a corresponding plurality of configuration indices associated with the plurality of configurations. ...) (See Provisional Application No. 63/213,665, Fig. 13 and page 32 of the Specification, lines 31-34)
(para 0244): the operations of block 1420, where the positioning node can send, to the nodes of the RAN and to a UE operating in the RAN, the plurality of configurations and the associated plurality of configuration indices.) (See Provisional Application No. 63/213,665, Fig. 14 and page 35 of the Specification, lines 9-12);
selecting a reference signal resource set from the one or more reference signal resource sets based at least in part on a current operating mode of the network entity
(Fig. 13 and para [0219]: The exemplary method can also include the operations of block 1340, where the UE can determine a need for receiving PRS and select one or more of the plurality of configurations based on one or more selection rules(interpreted as “selecting a reference signal resource set …based at least in part on a current operating mode of the network entity”). The exemplary method can also include the operations of block 1350, where the UE can transmit to the positioning node one or more requests for TRS transmission by the RAN. The one or more requests include the one or more configuration indices that are associated with the one or more configurations selected in block 1340.) (See Provisional Application No. 63/213,665, Fig. 13 and page 33 of the Specification, lines 1-5)
(para [0204]: For example, the LMF may provide lowest-energy configuration index 3 when there are few UEs that need to be positioned. If the number of UEs increase or the obtained positioning QoS is not met, then LMF may switch the configuration, e.g., to configuration index 2 that requires more energy.) (See Provisional Application No. 63/213,665, page 29 of the Specification, lines 21-24)
(para [0205]: As mentioned above, in some embodiments, a UE can be similarly constrained in selection among these configuration indices. For example, if the UE has been provided a configuration associated with index 3 (lowest energy), then the UE may be allowed only allowed to request configuration index 2. (interpreted as “based at least in part on a current operating mode of the network entity”) After being provided the configuration associated with index 2, if the UE is unable to fulfill certain requirements and/or conditions with this configuration, the UE is then allowed to request configuration index 1 (highest energy).) (See Provisional Application No. 63/213,665, page 29 of the Specification, lines 25-30);
transmitting a request to receive reference signal transmissions via the selected reference signal resource set
(Fig. 13 and para [0219]: The exemplary method can also include the operations of block 1350, where the UE can transmit to the positioning node one or more requests for TRS transmission by the RAN. The one or more requests include the one or more configuration indices that are associated with the one or more configurations selected in block 1340.) (See Provisional Application No. 63/213,665, Fig. 13 and page 33 of the Specification, lines 1-5); and
monitoring the selected reference signal resource set for the reference signal transmissions based at least in part on the request
(para [0247]: where the positioning node can configure the RAN nodes to transmit PRS according to one of the following: the one or more configurations indicated by the UE) (See Provisional Application No. 63/213,665, page 35 of the Specification, lines 16-18)
(Fig. 13 and para [0242]: the exemplary method can also include the operations of block 1360, where the UE can perform positioning measurements on PRS transmitted coherently according to the at least two configurations associated with the at least two configuration indices included in the single request.) (See Provisional Application No. 63/213,665, page 34 of the Specification, line 34-page 35 of the Specification, line 1).
Regarding Claim 11, Shreevastav teaches 11. A method for wireless communication at a network entity, comprising:
outputting a message that indicates a configuration of one or more reference signal resource sets each associated with one or more operating modes of the network entity
(paragraphs [0200-0204]): the configurations associated with the respective indices can be differentiated and/or grouped based on energy consumption (e.g., for TRPs and/or UEs) (interpreted as “a configuration of one or more reference signal resource sets each associated with one or more operating modes of a network entity”). … Configuration index 1: … Configuration index 2: … Configuration index 3: … (interpreted as “operating modes”) the LMF may provide lowest-energy configuration index 3 when there are few UEs that need to be positioned.) (also disclosed in Provisional Application No. 63/213,665, page 29 of the Specification, lines 10-24)
(Fig. 13 and para [0218]: The exemplary method can include the operations of block 1310, where the UE can receive the following from a positioning node associated with the RAN: a plurality of configurations for PRS (interpreted as “receiving a message that indicates a configuration of one or more reference signal resource sets”) transmitted by nodes of the RAN, and a corresponding plurality of configuration indices associated with the plurality of configurations. ...) (See Provisional Application No. 63/213,665, Fig. 13 and page 32 of the Specification, lines 31-34)
(para 0244): the operations of block 1420, where the positioning node can send, to the nodes of the RAN and to a UE operating in the RAN, the plurality of configurations and the associated plurality of configuration indices.) (See Provisional Application No. 63/213,665, Fig. 14 and page 35 of the Specification, lines 9-12);
obtaining a request for reference signal transmissions via a reference signal resource set of the one or more reference signal resource sets, the reference signal resource set associated with a current operating mode of the network entity; and
(Fig. 13 and para [0219]: The exemplary method can also include the operations of block 1340, where the UE can determine a need for receiving PRS and select one or more of the plurality of configurations based on one or more selection rules(interpreted as “selecting a reference signal resource set …based at least in part on a current operating mode of the network entity”). The exemplary method can also include the operations of block 1350, where the UE can transmit to the positioning node one or more requests for TRS transmission by the RAN. The one or more requests include the one or more configuration indices that are associated with the one or more configurations selected in block 1340.) (See Provisional Application No. 63/213,665, Fig. 13 and page 33 of the Specification, lines 1-5)
outputting the requested reference signal transmissions via the reference signal resource set in accordance with the configuration.
(para [0247]: where the positioning node can configure the RAN nodes to transmit PRS according to one of the following: the one or more configurations indicated by the UE) (See Provisional Application No. 63/213,665, page 35 of the Specification, lines 16-18)
Regarding Claim 17, it is an apparatus claim corresponding to the method claim 1, except limitations “memory” (Fig. 17 and para [0288]: memory 1710); “transceiver” (Fig. 17 and para [0290]: a communication interface); and “at least one processor of a user equipment (UE)” (Fig. 17 and para [0284]: UE 1700 includes processing circuitry 1702) and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
With respect to dependent claims:
Regarding Claim 2, Shreevastav teaches The method of claim 1, further comprising:
receiving an indication of the one or more associated operating modes for each reference signal resource set of the one or more reference signal resource sets
(Fig. 13 and para [0220]: the exemplary method can also include the operations of block 1330, where the UE can receive the selection rules (interpreted as “an indication of the one or more associated operating modes”) from the positioning node.) (See Provisional Application No. 63/213,665, Fig. 13 and page 33 of the Specification, lines 6-7)
(para [0236]: UE can receive, from the positioning node, an indication of the characteristics or parameters by which the plurality of configurations are differentiated. In such embodiments, selecting one or more of the plurality of configurations (e.g., in block 1340) can be based on the indicated characteristics or parameters. An example indication according to these embodiments is shown in FIG. 11. In some embodiments, the exemplary method can also include the operations of block 1320, where the UE can receive the selection rules (e.g., used in block 1340) from the positioning node.) (See Provisional Application No. 63/213,665, page 33 of the Specification, lines 25-30),
wherein selecting the reference signal resource set is based at least in part on the indication associating the current operating mode with the selected reference signal resource set (Fig. 13 and para [0219]: The exemplary method can also include the operations of block 1340, where the UE can determine a need for receiving PRS and select one or more of the plurality of configurations based on one or more selection rules(interpreted as “selecting the reference signal resource set is based at least in part on the indication associating the current operating mode with the selected reference signal resource set”). The exemplary method can also include the operations of block 1350, where the UE can transmit to the positioning node one or more requests for TRS transmission by the RAN. The one or more requests include the one or more configuration indices that are associated with the one or more configurations selected in block 1340.) (See Provisional Application No. 63/213,665, Fig. 13 and page 33 of the Specification, lines 1-5).
Regarding Claim 3, Shreevastav teaches The method of claim 1, wherein:
the selected reference signal resource set is available for selection by the UE when the one or more operating modes associated with the selected reference signal resource set comprise the current operating mode of the network entity (para [0205]: a UE can be similarly constrained in selection among these configuration indices. For example, if the UE has been provided a configuration associated with index 3 (lowest energy), then the UE may be allowed only allowed to request configuration index 2.) (See Provisional Application No. 63/213,665, page 29 of the Specification, lines 25-28) ; and
the selected reference signal resource set is unavailable for selection by the UE when the one or more operating modes associated with the selected reference signal resource set do not comprise the current operating mode of the network entity (para [0205]: After being provided the configuration associated with index 2, if the UE is unable to fulfill certain requirements and/or conditions with this configuration, the UE is then allowed to request configuration index 1 (highest energy).) (See Provisional Application No. 63/213,665, page 29 of the Specification, lines 28-30).
Examiner’s note: Para [0205] explicitly discloses that when the network entity is in the low-energy index 3 mode, the UE is allowed “only” to request configuration index 2, and is further allowed to request with index 1 (highest energy) only “after” being provided the configuration associated with index 2; under the BRI, the phrase “allowed only to request configuration index 2” logically dictates that other configuration (e.g., index 1) are strictly unavailable for selection by the UE at that moment because their associated operating modes do not comprise the network’s current index 3 operating mode.
Regarding Claim 4, Shreevastav teaches The method of claim 1, further comprising:
receiving at least one of the reference signal transmissions via the selected reference signal resource set based at least in part on the monitoring, wherein the reference signal transmissions comprise on-demand positioning reference signal transmissions (para [0158]: the UE sends an on-demand PRS request with its preferred configuration (e.g., configuration index) or a request to increase/decrease DL-PRS resources.) (See Provisional Application No. 63/213,665, page 24 of the Specification, lines 30-31) (para [0165]: Embodiments can provide a network-friendly approach to support on-demand PRS transmission when network conditions change.) (See Provisional Application No. 63/213,665, page 25 of the Specification, lines 33-34).
Regarding Claim 5, Shreevastav teaches The method of claim 1, further comprising:
receiving an indication of the current operating mode of the network entity, wherein selecting the reference signal resource set is based at least in part on the indication of the current operating mode (paragraphs [0204-0205]: the LMF may provide lowest-energy configuration index 3 when there are few UEs that need to be positioned. If the number of UEs increase or the obtained positioning QoS is not met, then LMF may switch the configuration, e.g., to configuration index 2 that requires more energy. As mentioned above, in some embodiments, a UE can be similarly constrained in selection among these configuration indices. For example, if the UE has been provided a configuration associated with index 3 (lowest energy), then the UE may be allowed only allowed to request configuration index 2.).
Examiner’s note: Para [0205] explicitly discloses that the UE’s subsequent selection is regulated and constrained based on the currently provided configuration; specifically, “if the UE has been provided a configuration associated with index 3 …, then the UE may be allowed only allowed to request configuration index 2,” demonstrating that the UE’s selection of the next reference signal resource set (index 2) is based at least in part on the received indication of the current operating mode (index 3)).
Regarding Claim 9, Shreevastav teaches The method of claim 1, wherein the current operating mode of the network entity comprises a power saving mode of the network entity, a traffic level of the network entity, a transmission power of the network entity, a quantity of transmit antennas used by the network entity, a quantity of UEs served by the network entity, or any combination thereof (paragraphs [0200-0204]): the configurations associated with the respective indices can be differentiated and/or grouped based on energy consumption (e.g., for TRPs and/or UEs) (interpreted as “a power saving mode of the network entity … a transmission power of the network entity”). … Configuration index 1: … Configuration index 2: … Configuration index 3: … (interpreted as “operating modes”) the LMF may provide lowest-energy configuration index 3 when there are few UEs (interpreted as “a quantity of UEs served by the network entity”) that need to be positioned.) (also disclosed in Provisional Application No. 63/213,665, page 29 of the Specification, lines 10-24)
Regarding Claim 10, Shreevastav teaches The method of claim 1, wherein the message indicates … a periodicity, … for each reference signal resource set of the one or more reference signal resource sets (para [0015]: the plurality of configurations can be differentiated from each other based on one or more of the following characteristics or parameters: PRS transmission periodicity).
Regarding Claim 12, Claim 12, has similar limitation as of Claim(s) 2, therefore it is rejected under the same reasons as Claim(s) 2.
Regarding Claim 13, Claim 13, has similar limitation as of Claim(s) 3, therefore it is rejected under the same reasons as Claim(s) 3.
Regarding Claim 14, Claim 14, has similar limitation as of Claim(s) 5, therefore it is rejected under the same reasons as Claim(s) 5.
Regarding Claim 18, Claim 18, has similar limitation as of Claim(s) 2, therefore it is rejected under the same reasons as Claim(s) 2.
Regarding Claim 19, Claim 19, has similar limitation as of Claim(s) 5, therefore it is rejected under the same reasons as Claim(s) 5.
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) 6-8, 15-16, and 20 rejected under 35 U.S.C. 103 as being unpatentable over Shreevastav in view of Hasegawa et al. (U.S. Patent Application Publication No. 20240187903, hereinafter “Hasegawa”).
Regarding claim 6, Shreevastav teaches The method of claim 1, further comprising: Shreevastav fails to teach:
receiving an indication of a time period in which the reference signal resource set is available for selection by the UE, wherein selecting the reference signal resource is based at least in part on the reference signal transmissions being within the time period
Hasegawa discloses a positioning method in a wireless network where a WTRU (UE) uses validity conditions associated with one or more preconfigured PRS configurations to determine which of the configurations to select and use for performing measurements. See para [0491] of Hasegawa: the WTRU may use validity conditions associated with one or more preconfigured PRS configuration(s) (e.g., parameters) to determine which of the configuration(s) (e.g., parameters) to select and/or use for performing DL PRS measurements. Specifically, Hasegawa explicitly teaches:
receiving an indication of a time period in which the reference signal resource set is available for selection by the UE (para [0358] of Hasegawa: the WTRU may receive information indicating the assistance data from the network proactively (e.g., containing PRS configuration(s)), which may be applied by the WTRU for performing measurements on PRS after receiving (e.g., information indicating) a positioning information request.) (para [0365] of Hasegawa: the received information indicating the one or more positioning configurations (e.g., any of assistance data, measurement gap configurations), which e.g., may be stored as positioning context information in the WTRU, may be associated with a validity metric. For example, the validity metric may be related to (e.g., associated with) any of a time duration and an area (e.g., set of one or more cell IDs) where the stored positioning information may be valid and used after receiving the positioning information request ... ) (paragraphs [0494-0495] of Hasegawa: Time validity:
For example, the time duration (e.g., from a start time to an expiry time) in which the PRS/SRSp configurations may be valid for usage.) , wherein selecting the reference signal resource is based at least in part on the reference signal transmissions being within the time period (para [0503] of Hasegawa: In such a case the WTRU may use a first PRS/SRSp configuration as long as the first validity conditions apply, and may use a second PRS/SRSp configuration during which (e.g., in a case where) the second validity conditions apply. …For example, the WTRU may select a PRS/SRSp configuration based on the parameters of the time-based validity condition.)
It would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the teaching of Hasegawa with the dynamic on-demand PRS selection method of Shreevastav. The motivation to do so would be to improve positioning efficiency and reduce signaling overhead by ensuring that the UE only selects and requests a PRS configuration that is currently valid in the network, thereby preventing measurement failures or resource conflicts that would occur if the UE requested a configuration outside of its valid time window, as taught by Hasegawa (see paragraphs [0365, 0494-0495] of Hasegawa).
Regarding claim 7, Shreevastav and Hasegawa teach The method of claim 6, further comprising: Hasegawa further teaches:
initiating a timer based at least in part on receiving the indication, wherein a duration of the timer corresponds to the time period in which the reference signal resource set is available for selection by the UE, and wherein the reference signal resource set is unavailable for selection by the UE after expiration of the timer (para [0495] of Hasegawa: the time duration (e.g., from a start time to an expiry time) in which the PRS/SRSp configurations may be valid for usage. The WTRU may start a timer upon receiving PRS/SRSp configuration(s) (e.g., in assistance data) and may use the configurations for PRS measurements or SRSp transmissions as long as the timer may be valid (e.g., in a case where an amount of time corresponding to the timer has not elapsed) within the configured duration, for example.).
Regarding claim 8, Shreevastav and Hasegawa teach The method of claim 6, wherein a duration of the time period is based at least in part on the current operating mode of the network entity.
Hasegawa discloses that the network (e.g., LMF or gNB) determines and configures the duration of the time period (e.g., the “time validity” or validity metric) during which the PRS configuration is valid and available for the UE’s usage (see paragraphs [0365, 0491-0503] of Hasegawa).
Shreevastav explicitly discloses that the network configures conditions, rules, and time-based thresholds (e.g., a “positioning latency threshold”) for the UE based upon the current operating conditions of network. Specifically, para [0206] of Shreevastav teaches that the network uses these time thresholds to “balance UE positioning requirements with network energy consumption, interference, etc. associated with increased PRS transmission.” As previously established, the network’s energy consumption level and power-saving status correspond to the claimed “current operating mode of the network entity.”
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of the invention to configure the duration of the validity time period (as taught by Hasegawa) based at least in part on the network’s current energy consumption or traffic operating mode (as taught by Shreevastav). The motivation to combine these teaching would be to dynamically optimize network resources based on current operating modes, thereby forcing the UE to release or request new configurations, which effectively manage the network’s energy consumption and overhead.
Regarding Claim 15, Claim 15, has similar limitation as of Claim(s) 6, therefore it is rejected under the same reasons as Claim(s) 6.
Regarding Claim 16, Claim 16, has similar limitation as of Claim(s) 7, therefore it is rejected under the same reasons as Claim(s) 7.
Regarding Claim 20, Claim 20, has similar limitation as of Claim(s) 6, therefore it is rejected under the same reasons as Claim(s) 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WON JUN CHOI whose telephone number is (703)756-1695. The examiner can normally be reached MON-FRI 08:00 - 17:00.
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/WON JUN CHOI/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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