DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 USC 102 and 103 (or as subject to pre-AIA 35 USC 102 and 103) is incorrect, any correction of the statutory basis 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b)/2nd ¶:
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.
Claim(s) 16 is/are rejected under 35 U.S.C. 112(b)/2nd ¶ as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regard as the invention.
In claim 16, lines 5-7 recite making RSS measurements or AOA measurements, but then lines 17-18 require the use of both RSS measurements and AOA measurements. It is unclear how both RSS measurements and AOA measurements can be used if it is possible to make only one or the other set of measurements.
The remaining claims are dependent upon the rejected claims.
“We note that the patent drafter is in the best position to resolve the ambiguity in the patent claims, and it is highly desirable that patent examiners demand that applicants do so in appropriate circumstances so that the patent can be amended during prosecution rather than attempting to resolve the ambiguity in litigation.”, Halliburton Energy Services Inc. v. M-I LLC., 85 USPQ2d 1654 at 1663.
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, 5-8, and 12-22 is/are rejected under 35 U.S.C. 103 as obvious over Yerramalli '163 (US 2023/0176163 A1) in view of either one of Zhuang (US 2024/0147414 A1) or Goyal (US 2022/0295442 A1).
In regard to claim 1, Yerramalli '163 discloses a user equipment (UE) for wireless communication (200, Fig. 2), comprising:
at least one memory (211, Fig. 2); and
at least one processor coupled with the at least one memory (210, Fig. 2) and configured to cause the UE to:
receive one or more positioning reference signals and angle-based configuration information comprising an expected search angle window [from a TRP/network entity] (934, 952, Fig. 9; 1420, Fig. 14; ¶100; ¶113; ¶129; ¶141);
perform at least one of
(a) one or more received signal strength (RSS) measurements of the one or more positioning reference signals, or
(b) one or more sidelink angle of arrival (AoA) measurements based on the angle-based configuration information (¶100; ¶113; ¶129; ¶141);
generate a position measurement report based at least in part on (a) the one or more RSS measurements or (b) the one or more AoA measurements (¶130; ¶144); and
compute a position estimate based at least in part on (a) the one or more RSS measurements or (b) the one or more AoA measurements (¶88; ¶100).
With regard to the "sidelink expected search angle window" and "sidelink AoA measurements" limitations, Yerramalli '163 further discloses sidelink channels for communication between UEs (¶37; ¶64) and that a UE can perform functions of the TRP/network entity (¶72) [where 600, Fig. 9 shows a TRP is an example of a network entity].
Yerramalli '163 fails to explicitly disclose a UE performing the particular TRP/network entity function of transmitting of the expected search angle window and reference signals for AOA measurements.
Zhuang teaches using sidelink signals between UEs for AOA or AOD position determination (¶57-61; ¶114-116; ¶164-168; ¶377).
Goyal teaches using sidelink signals between UEs for AOA position determination (¶151; ¶164-165).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for implementations of a TRP/network entity function (as described in Yerramalli '163) performed by a UE based on the explicit suggestion of Yerramalli '163 (¶72), where Zhuang's or Goyal's implementation would have a reasonable expectation of success based on the fact that Yerramalli '163 system is already configured for sidelink communication.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the UE performs the AOA positioning related functions that Yerramalli '163 discloses the TRP/network entity performs.
In regard to claim 2, in the combination the one or more positioning reference signals comprise one or more sidelink position reference signals, the angle-based configuration information comprises sidelink angle-based configuration information, and the position measurement report comprises a sidelink position measurement report [where Zhuang or Goyal teach implementing an AOA positioning method using sidelink signals, and thus the reference signals, the angle-based configuration information, and the position measurement report will all be done via sidelink signals. See the portions of Zhuang or Goyal cited in the rejection of claim 1.].
In regard to claim 3, Yerramalli '163 further discloses the angle-based configuration information comprises uncertainty information for the expected search angle window and antenna location information for an antenna of an apparatus that transmits at least one of the one or more positioning reference signals or the angle-based configuration information (1152, Fig. 11; 1252, Fig. 12; ¶53; ¶83; ¶113; ¶119) [where the transmitter inherently includes an antenna, and where in the combination the expected search angle window is a sidelink expected search angle window].
In regard to claim 5, Yerramalli '163 further discloses the one or more positioning reference signals comprise multiple reference signals received over multiple receive paths, and wherein the at least one processor is configured to cause the UE to: perform the one or more RSS measurements for at least one or more receive paths of the multiple receive paths, or the one or more AoA measurements for the at least one or more receive paths of the multiple receive paths; compute the position estimate based at least in part on one or more of the one or more RSS measurements or the one or more AoA measurements for the at least one or more receive paths of the multiple receive paths; and generate the position measurement report to indicate the one or more AoA measurements and the one or more RSS measurements for the at least one or more receive paths of the multiple receive paths (Fig. 7B; ¶106-109) [where in the combination the AoA measurements are sidelink AoA measurements].
In regard to claim 6, Yerramalli '163 further discloses a number of receive paths measured for the one or more AoA measurements is based at least in part of a capability of the UE (550, Fig. 5; 912, Fig. 9; Fig. 10; ¶103; ¶110; ¶140; ¶145) [where in the combination the AoA measurements are sidelink AoA measurements].
In regard to claim 7, Yerramalli '163 further discloses the one or more RSS measurements or the one or more sidelink AoA measurements comprise, for each receive path of the multiple receive paths, at least one of path delay, amplitude response, or a line of sight (LOS)/non-LOS indicator (¶100-101) [where a line of sight (LOS)/non-LOS indicator is determined in order to use the LOS and NLOS signals in order to characterize the environment].
In regard to claim 8, Yerramalli '163 further discloses the position estimate comprises one or more of an absolute position, a relative position, or a range comprising one or more of distance or direction (¶39; ¶88; ¶98; ¶100).
In regard to claim 9, this claim is directed to features that are not required to be part of the claimed invention per independent claim 1, which clearly sets forth RSS measurements [alternative (a) in the rejection of claim 1, above] as an alternative to AOA measurements [alternative (b) in the rejection of claim 1, above]”.
If a parent claim includes alternative limitations, and the reference teaches one of the alternatives, further limitations to the other alternative(s) in dependent claims are not required limitations. See Ex parte Werner, Appeal 2019-001448, Application No. 15/109,888, March 23, 2020, 15 pages.
In regard to claim 12, Yerramalli '163 further discloses the expected search angle window is based on one or more of: approximate location information for the UE; a relative position of the UE; or a range value including one or more of a distance value or a direction value (¶137) [where in the combination the search angle window are a sidelink search angle window].
In regard to claim 13, Yerramalli '163 further discloses one or more of the approximate location information for the UE, the relative position of the UE, or the range value is associated with an uncertainty value (1152, Fig. 11; 1252, Fig. 12; ¶113; ¶119) [where the uncertainty value of the expected search angle window is associated with the expected search angle window, which is associated with the approximate location used to generate the search angle window].
In regard to claim 14, Yerramalli '163 further discloses the sidelink expected search angle window is configured for one or more of an expected azimuth AoA, an expected zenith AoA, an expected azimuth AoD, or an expected zenith AoD (¶106) [where in the combination the search angle window are a sidelink search angle window].
In regard to claim 15, Yerramalli '163 further discloses the at least one processor is configured to cause the UE to perform per path information request and reporting for timing-based measurements based on one or more of time difference of arrival (TDoA) or round trip time (RTT) (¶46) [where a TDOA based position method may be used with one or more of an AOA or AOD positioning method, and where in the combination the positioning is sidelink based positioning].
In regard to claim 16, Yerramalli '163 discloses a user equipment (UE) for wireless communication, comprising:
at least one memory (211, Fig. 2); and
at least one processor coupled with the at least one memory (210, Fig. 2) and configured to cause the UE to:
receive positioning reference signals and angle-based configuration information over multiple receive paths, the angle-based configuration information comprising an expected search angle window based on approximate location information of the UE [from a TRP/network entity] (Fig. 7B; 934, 952, Fig. 9; 1420, Fig. 14; ¶100; ¶106-109; ¶113; ¶129; ¶141);
perform one or more of positioning reference signal
(a) received signal strength (RSS) measurements or
(b) sidelink angle of arrival (AoA) measurements based on the angle-based configuration information (¶100; ¶113; ¶129; ¶141);
generate a position measurement report based at least in part on at least one of (a) the positioning reference signal RSS measurements or (b) the AoA measurements (¶130; ¶144), wherein the position measurement report comprises
(c) a set of positioning reference signal RSS measurements for a first set of receive paths of a second UE that transmits one or more of the positioning reference signals or the angle-based configuration information, or
(d) a set of AoA measurements for a second set of receive paths of the multiple receive paths (Fig. 7B; ¶88; ¶106-109) [where ¶88 teaches that two directions/AOA/AOD are needed to estimate the location of the UE, and thus a second set of receive paths from the second transmitter will be used, where each set is a set of direction and reflected/multipath signals]; and
compute a position estimate based at least in part on (a) the positioning reference signal RSS measurements and the one or more sidelink AoA measurements according to the least some receive paths of the multiple receive paths (¶46; ¶50; ¶88; ¶100) [where ¶46 discloses that AOA positioning may be used with other positioning methods, and ¶50 discloses an RSS positioning method (RSSI)].
With regard to the "sidelink expected search angle window" and "sidelink AoA measurements" limitations, Yerramalli '163 further discloses sidelink channels for communication between UEs (¶37; ¶64) and that a UE can perform functions of the TRP/network entity (¶72) [where 600, Fig. 9 shows a TRP is an example of a network entity].
Yerramalli '163 fails to explicitly disclose a UE performing the particular TRP/network entity function of transmitting of the expected search angle window and reference signals for AOA measurements.
Zhuang teaches using sidelink signals between UEs for AOA or AOD position determination (¶57-61; ¶114-116; ¶164-168; ¶377).
Goyal teaches using sidelink signals between UEs for AOA position determination (¶151; ¶164-165).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for implementations of a TRP/network entity function (as described in Yerramalli '163) performed by a UE based on the explicit suggestion of Yerramalli '163 (¶72), where Zhuang's or Goyal's implementation would have a reasonable expectation of success based on the fact that Yerramalli '163 system is already configured for sidelink communication.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the UE performs the AOA positioning related functions that Yerramalli '163 discloses the TRP/network entity performs.
In regard to claim 17, this claim is directed to features that are not required to be part of the claimed invention per independent claim 1, which clearly sets forth a first set of receive paths [alternative (c) in the rejection of claim 16, above] as an alternative to a second set of receive paths [alternative (d) in the rejection of claim 16, above]”.
If a parent claim includes alternative limitations, and the reference teaches one of the alternatives, further limitations to the other alternative(s) in dependent claims are not required limitations. See Ex parte Werner, Appeal 2019-001448, Application No. 15/109,888, March 23, 2020, 15 pages.
In regard to claim 18, Yerramalli '163 further discloses a number of receive paths measured for the AoA measurements is based at least in part on a capability of the UE (550, Fig. 5; 912, Fig. 9; Fig. 10; ¶103; ¶110; ¶140; ¶145) [where a UE that is capable of receiving over a greater angle can receive a greater number of receive path signals; and where in the combination the AoA measurements are sidelink AoA measurements].
In regard to claim 19, Yerramalli '163 further discloses the AoA measurements for the second set of receive paths comprise, for each receive path of the second set of receive paths, at least one of path delay, amplitude response, or a line of sight (LOS)/non-LOS indicator (¶100-101) [where a line of sight (LOS)/non-LOS indicator is determined in order to use the LOS and NLOS signals in order to characterize the environment].
In regard to claim 20, Yerramalli '163 discloses an apparatus for wireless communication, comprising:
at least one memory (311, Fig. 3); and
at least one processor coupled with the at least one memory (310, Fig. 3) and configured to cause the apparatus to:
transmit, to a target user equipment (UE), one or more positioning reference signals and angle-based configuration information comprising an expected search angle window based on approximate location information of the target UE (934, 952, Fig. 9; 1420, Fig. 14; ¶100; ¶113; ¶129; ¶141); and
receive, from the target UE, a position measurement report (962, Fig. 9).
It is noted that the remained of the claim "based at least in part on one or more of one or more positioning reference signal received signal strength (RSS) measurements or a sidelink angle of arrival (AoA) measurement using the angle-based configuration information" does not further limit the structure of the apparatus. Receiving a position is receiving a position measurement report. How the other station determined the position does not change the structure of the apparatus. An existing UE, TRP, or network entity will still have the same structure if a station it is communicating with calculates the station's position in a different way before reporting that position to the UE, TRP, or network entity.
Although it is not required, it is noted that Yerramalli '163 further discloses the position of the position measurement report based at least in part on (a) one or more of one or more positioning reference signal received signal strength (RSS) measurements or (b) an angle of arrival (AoA) measurement using the angle-based configuration information (¶100; ¶113; ¶129; ¶141).
With regard to the "sidelink expected search angle window" and "sidelink AoA measurements" limitations, Yerramalli '163 further discloses sidelink channels for communication between UEs (¶37; ¶64) and that a UE can perform functions of the TRP/network entity (¶72) [where 600, Fig. 9 shows a TRP is an example of a network entity].
Yerramalli '163 fails to explicitly disclose a UE performing the particular TRP/network entity function of transmitting of the expected search angle window and reference signals for AOA measurements.
Zhuang teaches using sidelink signals between UEs for AOA or AOD position determination (¶57-61; ¶114-116; ¶164-168; ¶377).
Goyal teaches using sidelink signals between UEs for AOA position determination (¶151; ¶164-165).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for implementations of a TRP/network entity function (as described in Yerramalli '163) performed by a UE based on the explicit suggestion of Yerramalli '163 (¶72), where Zhuang's or Goyal's implementation would have a reasonable expectation of success based on the fact that Yerramalli '163 system is already configured for sidelink communication.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the UE performs the AOA positioning related functions that Yerramalli '163 discloses the TRP/network entity performs.
In regard to claim 21, Yerramalli '163 discloses a processor for wireless communication (210, Fig. 2), comprising:
at least one controller (230, Fig. 2) coupled with at least one memory (211, Fig. 2) and configured to cause the processor to:
receive one or more positioning reference signals and angle-based configuration information comprising an expected search angle window [from a TRP/network entity] (934, 952, Fig. 9; 1420, Fig. 14; ¶100; ¶113; ¶129; ¶141);
perform at least one of
(a) one or more received signal strength (RSS) measurements of the one or more positioning reference signals, or
(b) one or more angle of arrival (AoA) measurements based on the angle-based configuration information (¶100; ¶113; ¶129; ¶141);
generate a position measurement report based at least in part on (a) the one or more RSS measurements or (b) the one or more AoA measurements (¶130; ¶144); and
compute a position estimate based at least in part on the one or more RSS measurements or the one or more AoA measurements (¶88; ¶100).
With regard to the "sidelink expected search angle window" and "sidelink AoA measurements" limitations, Yerramalli '163 further discloses sidelink channels for communication between UEs (¶37; ¶64) and that a UE can perform functions of the TRP/network entity (¶72) [where 600, Fig. 9 shows a TRP is an example of a network entity].
Yerramalli '163 fails to explicitly disclose a UE performing the particular TRP/network entity function of transmitting of the expected search angle window and reference signals for AOA measurements.
Zhuang teaches using sidelink signals between UEs for AOA or AOD position determination (¶57-61; ¶114-116; ¶164-168; ¶377).
Goyal teaches using sidelink signals between UEs for AOA position determination (¶151; ¶164-165).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for implementations of a TRP/network entity function (as described in Yerramalli '163) performed by a UE based on the explicit suggestion of Yerramalli '163 (¶72), where Zhuang's or Goyal's implementation would have a reasonable expectation of success based on the fact that Yerramalli '163 system is already configured for sidelink communication.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the UE performs the AOA positioning related functions that Yerramalli '163 discloses the TRP/network entity performs.
In regard to claim 22, Yerramalli '163 further discloses the angle-based configuration information comprises uncertainty information for the expected search angle window and antenna location information for an antenna of an apparatus that transmits at least one of the one or more positioning reference signals or the angle-based configuration information (1152, Fig. 11; 1252, Fig. 12; ¶53; ¶83; ¶113; ¶119) [where the transmitter inherently includes an antenna, and where in the combination the expected search angle window is a sidelink expected search angle window].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli '163 and either one of Zhuang or Goyal, as applied to claim 1, above, and further in view of Senoo (US 2014/0079052 A1).
Yerramalli '163 further discloses:
determining at least one of one or more azimuth angles or one or more zenith angles for one or more of AoD or AoA (¶106);
determining a distance to the UE based on a propagation time (¶84); and
combining the distance and direction to determine the location of the UE (¶39; ¶62).
Yerramalli '163 and Zhuang/Goyal fail to teach the angle-based configuration information comprises signal strength metrics for at least one of one or more azimuth angles or one or more zenith angles for one or more of AoD or AoA.
Senoo teaches angle-based configuration information comprises signal strength metrics in order to determine a distance to a UE using a path loss measurement (¶148-151).
Replacing the distance calculation using propagation time with a distance calculation using path loss is a simple substitution of one known, equivalent element for another to perform the same function and obtain predictable results. Because both elements are known methods of determining distance, it would have been obvious before the effective filing date of the invention to one of ordinary skill in the art to substitute one for the other to achieve the predictable result of determining the distance.
The following reference(s) is/are also found relevant:
Shin (US 2023/0034336 A1), which teaches using sidelink to determine AOA using PSBCH-RSRP, PSSCH-RSRP, or PSCCH-RSRP (¶91; ¶111; ¶118).
Jiang (US 2024/0295626 A1), which teaches sidelink AOA and AOD determination (¶94; ¶96).
Keating (US 2024/0147411 A1), which teaches sidelink AOA positioning (abstract; ¶54; ¶62-63).
Garcia (A Tutorial on 5G NR V2X Communications), which teaches sidelink positioning and ranging in 5G V2X communications (Fig. 1; p. 1983; p. 2020).
Applicant is encouraged to consider these documents in formulating their response (if one is required) to this Office Action, in order to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fred H. Mull whose telephone number is 571-272-6975. The examiner can normally be reached on Monday through Friday from approximately 9-5:30 Eastern Time.
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Fred H. Mull
Examiner
Art Unit 3648
/F. H. M./
Examiner, Art Unit 3648
/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
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