DETAILED ACTION
I. This office action is in response to the correspondence filed on September 16, 2024, Claims 1-30 are pending.
Notice of Pre-AIA or AIA Status
II. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
III. Claims 11 and 22 are objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
IV. Claims 1-5, 7, 10, 12-16, 18-19, 21, 23-25, and 27-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2020/0322805 A1).
Regarding claim 1 Wang teaches an apparatus for wireless communication at a user equipment (UE), comprising: a memory (412, Fig. 4); at least one transceiver (406, Fig. 4); and at least one processor (410, Fig. 4) communicatively connected to the memory and the at least one transceiver, the at least one processor (see paragraph [0045] and claim 4, The UE with one or more processors and computer-readable storage media with LTE transceiver reads on an apparatus for wireless communication at a user equipment (UE), comprising: a memory; at least one transceiver; and at least one processor communicatively connected to the memory and the at least one transceiver, the at least one processor) configured to: perform one or more positioning measurements based on a set of signals from at least one network node, wherein the one or more positioning measurements are associated with at least one of a location of the UE or a location of the at least one network node (see paragraph [0022], The base stations transmit positioning reference signal()PRS) to the UEs. The UEs generate measurement data based on the positioning reference signals and the measurement data is indicative of distances between the base stations and a UE. This reads on perform one or more positioning measurements based on a set of signals from at least one network node, wherein the one or more positioning measurements are associated with at least one of a location of the UE or a location of the at least one network node); select a secret key for communication with the at least one network node based on the one or more positioning measurements; and communicate with the at least one network node based on the secret key (see paragraphs [0076] & [0078] - [0079], The base station transmits positioning reference signal to the UE. The UE decrypts the encrypted positioning reference signal using a security key that is received prior to or after transmission of the positioning reference signal. The UE and the base station executes a cryptographic authentication procedure which can include mutual authentication between the base station and UE. This reads on select a secret key for communication with the at least one network node based on the one or more positioning measurements; and communicate with the at least one network node based on the secret key).
Regarding claim 2 Wang teaches wherein the at least one network node includes at least one transmission reception point (TRP), a base station or a component of the base station, at least one sidelink device, at least one second UE or a combination thereof (see paragraph [0048], The base station including network node (e.g., gNB) reads on wherein the at least one network node includes at least one transmission reception point (TRP), a base station or a component of the base station, at least one sidelink device, at least one second UE or a combination thereof)
Regarding claim 3 Wang teaches wherein the set of signals includes positioning reference signals (PRSs), synchronization signal blocks (SSBs), channel state information-reference signals (CSI-RSs), demodulation reference signals (DMRSs), sidelink reference signals, or a combination thereof (see paragraph [0022], The base station transmits positioning reference signals to the UE and this reads on wherein the set of signals includes positioning reference signals (PRSs), synchronization signal blocks (SSBs), channel state information-reference signals (CSI-RSs), demodulation reference signals (DMRSs), sidelink reference signals, or a combination thereof).
Regarding claim 4 Wang teaches receive the set of signals from the at least one network node, wherein the one or more positioning measurements are performed after receiving the set of signals (see paragraph [0022], The base stations transmit positioning reference signal (PRS) to the UEs. The UEs generate measurement data based on the positioning reference signals and the measurement data is indicative of distances between the base stations and a UE. This reads on receive the set of signals from the at least one network node, wherein the one or more positioning measurements are performed after receiving the set of signals).
Regarding claim 5 Wang teaches receive a configuration from a serving base station, a location server, or a location management function (LMF), wherein the configuration indicates one or more resources for the set of signals that are to be dedicated for selecting the secret key (see paragraph [0076] & [0078], The base station transmits an encrypted positioning reference signal to the UE to provide the location service. The UE decrypts the encrypted positioning reference using the security key that is received prior to or after the transmission of the positioning reference signal. This reads on receive a configuration from a serving base station, a location server, or a location management function (LMF), wherein the configuration indicates one or more resources for the set of signals that are to be dedicated for selecting the secret key).
Regarding claim 7 Wang teaches wherein to select the secret key for the communication with the at least one network node, the at least one processor is further configured to: generate the secret key based on a key generation function (see paragraph [0078], The UE uses the security key that is previously provided or stored in the IC (e.g. SIM) which indicates the key is generated in the UE. This reads on to select the secret key for the communication with the at least one network node, the at least one processor is further configured to: generate the secret key based on a key generation function).
Regarding claim 10 Wang teaches receive the set of signals from the at least one network node based on the secret key; and decrypt the set of signals after receiving the set of signals (see paragraph [0078], The UE decrypts the encrypted positioning reference signals using the security key that is received prior to or after transmission of the encrypted positioning reference signal. This reads on receive the set of signals from the at least one network node based on the secret key; and decrypt the set of signals after receiving the set of signals).
Regarding claim 12 Wang teaches exclude one or more positioning measurements based on the set of signals if the set of signals are unable to be decrypted (see paragraphs [0037] – [0038], If the base station is unable to be authenticated the base station is removed from the list of authenticated base stations. The security key is only provided to base stations included in the authorized list. This would prevent the base station from encrypting and sending the positioning reference signals (see paragraph [0075]). This reads on exclude one or more positioning measurements based on the set of signals if the set of signals are unable to be decrypted).
Regarding claim 13 Wang teaches wherein the selection of the secret key is independent of the at least one network node (see paragraph [0078], The UE decrypts the encrypted positioning reference signal using a security key that is received prior to or after the transmission of the encrypted positioning reference signal. This reads on wherein the selection of the secret key is independent of the at least one network node).
Regarding claim 14 Wang teaches a method for wireless communication at a user equipment (UE) (see paragraph [0074], data transactions between the base station and the UE and the bas-station location server reads on method for wireless communication at a user equipment (UE)) comprising: performing one or more positioning measurements based on a set of signals from at least one network node, wherein the one or more positioning measurements are associated with at least one of a location of the UE or a location of the at least one network node (see paragraph [0022], The base stations transmit positioning reference signal (PRS) to the UEs. The UEs generate measurement data based on the positioning reference signals and the measurement data is indicative of distances between the base stations and a UE. This reads on performing one or more positioning measurements based on a set of signals from at least one network node, wherein the one or more positioning measurements are associated with at least one of a location of the UE or a location of the at least one network node); selecting a secret key for communication with the at least one network node based on the one or more positioning measurements; and communicating with the at least one network node based on the secret key (see paragraphs [0076] & [0078] - [0079], The base station transmits positioning reference signal to the UE. The UE decrypts the encrypted positioning reference signal using a security key that is received prior to or after transmission of the positioning reference signal. The UE and the base station executes a cryptographic authentication procedure which can include mutual authentication between the base station and UE. This reads on selecting a secret key for communication with the at least one network node based on the one or more positioning measurements; and communicating with the at least one network node based on the secret key).
Regarding claim 15 Wang teaches an apparatus for wireless communication at a network entity, comprising: a memory (412, Fig. 4); at least one transceiver (406, Fig. 4); and at least one processor (410, Fig. 4) communicatively connected to the memory and the at least one transceiver, the at least one processor (see paragraph [0045] and claim 4, The UE with one or more processors and computer-readable storage media with LTE transceiver reads on an apparatus for wireless communication at a network entity, comprising: a memory; at least one transceiver; and at least one processor communicatively connected to the memory and the at least one transceiver, the at least one processor) configured to: receive one or more positioning measurements based on a set of signals from at least one network node, wherein the one or more positioning measurements are associated with at least one of a location of the UE or a location of the at least one network node (see paragraph [0022], The base stations transmit positioning reference signal (PRS) to the UEs. The UEs generate measurement data based on the positioning reference signals and the measurement data is indicative of distances between the base stations and a UE. This reads on perform one or more positioning measurements based on a set of signals from at least one network node, wherein the one or more positioning measurements are associated with at least one of a location of the UE or a location of the at least one network node); select a secret key for communication with the at least one network node based on the one or more positioning measurements; and transmit an indication of the secret key to the at least one network node the at least one network node (see paragraphs [0076] & [0078] - [0079], The base station transmits positioning reference signal to the UE. The UE decrypts the encrypted positioning reference signal using a security key that is received prior to or after transmission of the positioning reference signal. The UE and the base station executes a cryptographic authentication procedure which can include mutual authentication between the base station and UE. This reads on select a secret key for communication with the at least one network node based on the one or more positioning measurements; and transmit an indication of the secret key to the at least one network node the at least one network node).
Regarding claim 16 Wang teaches wherein the network entity corresponds to a location server or a location management function (LMF), and the at least one network node includes at least one transmission reception point (TRP), a base station or a component of the base station, at least one sidelink device, at least one second UE, or a combination thereof (see paragraphs [0029] & [0048], The base station location server (BSLS) and base station reads on wherein the network entity corresponds to a location server or a location management function (LMF), and the at least one network node includes at least one transmission reception point (TRP), a base station or a component of the base station, at least one sidelink device, at least one second UE, or a combination thereof).
Regarding claim 18 Wang teaches transmit a request for the one or more positioning measurements to the at least one network node (see paragraph [0054], The UE’s request for a cellular-network location service reads on transmit a request for the one or more positioning measurements to the at least one network node).
Regarding claim 19 Wang teaches limitations as recited in claim 5 and therefore claim 19 is rejected for the same reasons given above.
Regarding claim 21 Wang teaches limitations as recited in claim 7 and therefore claim 21 is rejected for the same reasons given above.
Regarding claim 23 Wang teaches limitations as recited in claim 13 and therefore claim 23 is rejected for the same reasons given above.
Regarding claim 24 Wang teaches an apparatus for wireless communication at a first network node, comprising: a memory (462, Fig. 4); at least one transceiver (456, Fig. 4); and at least one processor (460, Fig. 4) communicatively connected to the memory and the at least one transceiver, the at least one processor (see paragraphs [0048] – [0049] and claim 4, The base station with one or more processors and computer-readable storage media with LTE transceiver reads on an apparatus for wireless communication at a first network node, comprising: a memory; at least one transceiver; and at least one processor communicatively connected to the memory and the at least one transceiver, the at least one processor) configured to: configure at least one parameter for transmitting a set of signals (see paragraph [0071], The base station location server (BSLS) updates a list of authenticated base station stations based on whether or not the processed location from the base station is authenticated. This reads on configure at least one parameter for transmitting a set of signals); select a secret key for communication with a second network node based on the at least one parameter (see paragraphs [0072], The base station location server generates one or more security keys if the processed location of the base station is authenticated. The key generator can generate the key chain, the asymmetric keys, the symmetric keys or a combination thereof. This reads on select a secret key for communication with a second network node based on the at least one parameter); and transmit the set of signals to the second network node based on the at least one parameter and the secret key (see paragraph [0073], The base station location server sends to the base station an authentication message with the one or more security keys. This reads on transmit the set of signals to the second network node based on the at least one parameter and the secret key).
Regarding claim 25 Wang teaches wherein the first network node corresponds to a user equipment (UE) and the second network node corresponds to at least one base station (see paragraph [0044] and Fig. 4, The UE 110 and the base station 120 reads on wherein the first network node corresponds to a user equipment (UE) and the second network node corresponds to at least one base station).
Regarding claim 27 Wang teaches wherein the first network node corresponds to at least one base station and the second network node corresponds to a user equipment (UE) (see paragraph [0044] and Fig. 4, The base station 120 and the UE 110 reads on wherein the first network node corresponds to at least one base station and the second network node corresponds to a user equipment (UE)).
Regarding claim 28 Wang teaches receive the at least one parameter from a location server or a location management function (LMF) (see paragraphs [0034] & [0071], The base station location server (BSLS) updates a list of authenticated base station stations based on whether or not the processed location from the base station is authenticated. The location management function of the base station generates the list. This reads on receive the at least one parameter from a location server or a location management function (LMF)).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
V. Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2020/0322805 A1) in view of Gandhi et al. (US 2020/0306850 A1).
Regarding claim 6 Wang teaches the apparatus of claim 1 except for wherein the one or more positioning measurements includes: reference signal receiving power (RSRP), path RSRP, reference signal time difference (RSTD), phase path measurements, relative time of arrival (RTOA), azimuth angle of arrival (AoA), zenith angle of arrival (ZoA), signal-to-interference plus noise ratio (SINR), one or more quality metrics, Doppler shift, reception-transmission (Rx-Tx) time difference, or a combination thereof.
Gandhi teaches one or more position measurements that include reference signal receiving power (RSRP), path RSRP, reference signal time difference (RSTD), phase path measurements, relative time of arrival (RTOA), azimuth angle of arrival (AoA), zenith angle of arrival (ZoA), signal-to-interference plus noise ratio (SINR), one or more quality metrics, Doppler shift, reception-transmission (Rx-Tx) time difference, or a combination thereof (see paragraph [0046], The location may be reported as Angle-of-Arrival (AoA), Observed-Time-Difference-of-Arrival (Observed-TDOA), network calculated location (e.g., triangulation calculations based on AoA. In some implementations, such location information could be further utilized to limit the FT key generation for certain nodes in the vicinity of the UE. This reads on one or more position measurements that include reference signal receiving power (RSRP), path RSRP, reference signal time difference (RSTD), phase path measurements, relative time of arrival (RTOA), azimuth angle of arrival (AoA), zenith angle of arrival (ZoA), signal-to-interference plus noise ratio (SINR), one or more quality metrics, Doppler shift, reception-transmission (Rx-Tx) time difference, or a combination thereof).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the one or more positioning measurements in Wang adapt to include reference signal receiving power (RSRP), path RSRP, reference signal time difference (RSTD), phase path measurements, relative time of arrival (RTOA), azimuth angle of arrival (AoA), zenith angle of arrival (ZoA), signal-to-interference plus noise ratio (SINR), one or more quality metrics, Doppler shift, reception-transmission (Rx-Tx) time difference, or a combination thereof because such methods of positioning are well-known and can be used in key generation as described in Gandhi above.
Regarding claim 20 Wang and Gandhi teach limitations as recited in claim 6 and therefore claim 20 is rejected for the same reasons given above.
VI. Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2020/0322805 A1) in view of Enge et al. (US 2010/0278335 A1).
Regarding claim 8 Wang teaches the apparatus of claim 1 except for wherein to communicate with the at least one network node based on the secret key, the at least one processor is further configured to: encrypt one or more channels based on the secret key prior to communicating with the at least one network node; and transmit the one or more channels to the at least one network node after encrypting the one or more channels.
Enge teaches encrypt one or more channels based on the secret key prior to communicating with the at least one network node; and transmit the one or more channels to the at least one network node after encrypting the one or more channels (see paragraph [0016], The generated key is used to encrypt data 118 to produce encrypted data 120 such that the data can only be decrypted using a key generated from location data corresponding to the secured location(s). Access to encrypted data 120 can then be limited to when the device is located at the desired location(s). At that time the received encrypted data can be decrypted and accessed. A channel may be any communication channel. This reads on encrypt one or more channels based on the secret key prior to communicating with the at least one network node; and transmit the one or more channels to the at least one network node after encrypting the one or more channels).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make wherein to communicate with the at least one network node based on the secret key in Wang adapt to include encrypt one or more channels based on the secret key prior to communicating with the at least one network node; and transmit the one or more channels to the at least one network node after encrypting the one or more channels because it would allow for improved location based security of communication channels (see Enge, paragraph [0002]).
Regarding claim 9 Enge teaches wherein the one or more channels are used for extracting the secret key (see paragraph [0014], Using the determined position obtained from the wireless signals, encryption/decryption key generator provides a key that can be sued in securing data. A channel may be any communication channel. This reads on wherein the one or more channels are used for extracting the secret key).
VII. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2020/0322805 A1) in view of Laddu et al. (US 2022/0338002 A1).
Regarding claim 17 Wang teaches the apparatus of claim 15 except for wherein the set of signals are sounding reference signals (SRSs).
Laddu teaches wherein the set of signals are sounding reference signals (SRSs) (see paragraph [0064], The primary TRP transmits sounding reference signals (SRSs) (see paragraph [0054]). This reads on wherein the set of signals are sounding reference signals (SRSs)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Wang adapt to include wherein the set of signals are sounding reference signals (SRSs) because it is well known that sounding reference signals (SRSs) can be used for positioning measurements.
VIII. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2020/0322805 A1) in view of Gryb et al. (US 2020/0410113 A1).
Regarding claim 26 Wang teaches the apparatus of claim 25 except for transmit a request to a location server or a location management function (LMF), wherein the request specifies a positioning measurement-based secret key extraction.
Gryb teaches transmit a request to a location server or a location management function (LMF), wherein the request specifies a positioning measurement-based secret key extraction (see paragraph [0099], In response to the key request message, the location server computer may transmit the second private key share to the interaction processing server. This reads on transmit a request to a location server or a location management function (LMF), wherein the request specifies a positioning measurement-based secret key extraction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Wang adapt to include transmit a request to a location server or a location management function (LMF), wherein the request specifies a positioning measurement-based secret key extraction because it would may allow further improve user privacy when communicating within network (see Gryb, paragraphs [0002] & [0004]).
IX. Claims 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2020/0322805 A1) in view of Keating et al. (US 2023/0079232 A1).
Regarding claim 29 Wang teaches the apparatus of claim 27 including receive an indication of the secret key from the location server or the LMF (see paragraph [0074], The base station location server sends the authentication information including the security key. This reads on receive an indication of the secret key from the location server or the LMF) and except for perform one or measurements for a second set of signals from the second network node; report the one or more positioning measurements to a location server or a location management function (LMF).
Keating teaches perform one or measurements for a second set of signals from the second network node; report the one or more positioning measurements to a location server or a location management function (LMF) (see paragraph [0028], These techniques are based on making measurements on the positioning reference signal (PRS) and sounding reference signal for positioning (SRS-P). The PRS may be measured by target UEs, which then report the measurements to the location server (e.g., the location management function—LMF). The location server may then estimate the location of the UE based on the measurements and the known locations of the base stations. This reads on perform one or measurements for a second set of signals from the second network node; report the one or more positioning measurements to a location server or a location management function (LMF)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Wang adapt to include perform one or measurements for a second set of signals from the second network node; report the one or more positioning measurements to a location server or a location management function (LMF) because these are well-known positioning techniques and can be applied to the positioning in Wang in the same way as above.
Regarding claim 30 Wang teaches the apparatus of claim 24 except for wherein the set of signals include sounding reference signals (SRSs), positioning reference signals (PRSs), synchronization signal blocks (SSBs), channel state information-reference signals (CSI-RSs), demodulation reference signals (DMRSs), sidelink reference signals, or a combination thereof, and wherein the at least one parameter includes an angle of departures (AoD) for each of the set of signals.
Keating teaches wherein the set of signals include sounding reference signals (SRSs), positioning reference signals (PRSs), synchronization signal blocks (SSBs), channel state information-reference signals (CSI-RSs), demodulation reference signals (DMRSs), sidelink reference signals, or a combination thereof, and wherein the at least one parameter includes an angle of departures (AoD) for each of the set of signals (see paragraph [0028], Positioning techniques include Downlink Time Difference of Arrival (DL-TDOA), Uplink Time Difference of Arrival (UL-TDOA), Downlink Angle of Departure (DL-AoD). These techniques are based on making measurements on the positioning reference signal (PRS) and sounding reference signal for positioning (SRS-P). The PRS may be measured by target UEs, which then report the measurements to the location server (e.g., the location management function—LMF). This reads on wherein the set of signals include sounding reference signals (SRSs), positioning reference signals (PRSs), synchronization signal blocks (SSBs), channel state information-reference signals (CSI-RSs), demodulation reference signals (DMRSs), sidelink reference signals, or a combination thereof, and wherein the at least one parameter includes an angle of departures (AoD) for each of the set of signals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Wang adapt to include wherein the set of signals include sounding reference signals (SRSs), positioning reference signals (PRSs), synchronization signal blocks (SSBs), channel state information-reference signals (CSI-RSs), demodulation reference signals (DMRSs), sidelink reference signals, or a combination thereof, and wherein the at least one parameter includes an angle of departures (AoD) for each of the set of signals because these are well-known positioning techniques and can be applied to the positioning in Wang in the same way as above.
Conclusion
X. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vasyltsov et al. Pub. No.: US 2018/0025146 A1 discloses method for secure synchronization and pairing between devices and apparatus using the method including secret key generation (see paragraph [0086]).
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
June 16, 2026
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