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 statement submitted on October 25, 2024 and October 1, 2025 have been considered by the Examiner and made of record in the application file.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 2, 4, 5, 7 and 33 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2, 4, 5, 7 and 50 of copending U.S. Patent Application No 18/852,319. Although the conflicting claims are not identical, they are not patentably distinct from each other because: all the claimed limitations recited in the present application are transparently found in the Application No. 18/852,319 with obvious wording variations; they are substantially similar in scope.
The independent claims 1 and 33 of the current application include broader limitations of the independent claims 1 and 50 of the U.S. Patent Application No 18/852,319.
The limitation of claim 2 of the current application can be read on limitations of claim 2 of the U.S. Patent Application No 18/852,319.
The limitation of claim 4 of the current application can be read on limitations of claim 4 of the U.S. Patent Application No 18/852,319.
The limitation of claim 5 of the current application can be read on limitations of claim 5 of the U.S. Patent Application No 18/852,319.
The limitation of claim 7 of the current application can be read on limitations of claim 7 of the U.S. Patent Application No 18/852,319.
Nonetheless, claims 1, 2, 4, 5, 7 and 33 of the present application made the claim a broader version of claims 1, 2, 4, 5, 7 and 50 of copending U.S. Patent Application No 18/852,319. Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim claims 1, 2, 4, 5, 7 and 33 is not patentably distinct from claims 1, 2, 4, 5, 7 and 50 of copending U.S. Patent Application No 18/852,319. This is a provisional obviousness-type double patenting rejection because conflicting claims have not in fact been patented.
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.
Claim(s) 1-5, 7-13, 15, 17, 18, 33, 34 and 42-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manolakos et al (US Pat. Pub. No. 2021/0112541).
Regarding claim 1, Manolakos et al disclose a method for signal processing, performed by a user equipment (UE), comprising:
acquiring carrier frequency information of at least two carrier frequencies, wherein the carrier frequencies are used for transmission of a positioning signal (see at least paragraph 164 and claim 1 discloses UE is configured to report UE capabilities to measure positioning signals in at least a first band and a second band; obtains positioning signal resources for measurement by UE);
acquiring positioning signal resources corresponding to the respective carrier frequencies (see at least paragraph 164 and claim 1 discloses UE is configured to report UE capabilities to measure positioning signals in at least a first band and a second band; obtains positioning signal resources for measurement by UE; wherein positioning signal resource is part of first and second band); and
sending the positioning signal on the basis of the carrier frequency information of the at least two carrier frequencies and the positioning signal resources (see at least paragraph 38 discloses UE reports positioning to the serving base station using measurement).
Regarding claim 2, Manolakos et al disclose the carrier frequency information comprises at least one of: an identity (ID) of each carrier frequency; a carrier frequency combination ID corresponding to at least two carrier frequencies; a starting frequency point position of each carrier frequency; or an end frequency point position of each carrier frequency (see at least paragraph 43).
Regarding claim 3, Manolakos et al disclose the positioning signal is configured to implement carrier phase-based positioning (see at least paragraph 49).
Regarding claim 4, Manolakos et al disclose the acquiring the positioning signal resources corresponding to the respective carrier frequencies comprises: acquiring parameter information of the positioning signal resources corresponding to the respective carrier frequencies, the parameter information comprising at least one of: a positioning signal resource ID; a positioning signal resource set ID; a transmission cycle; a slot offset; a number of symbols occupied; a comb-size; a starting symbol position; a sub-carrier spacing (SCS); quasi-colocation (QCL) information; a carrier frequency bandwidth; a starting physical resource block (PRB) position; a P0 value and an alpha value corresponding to a power control parameter; or a pathlossReferenceRS (see at least paragraph 101).
Regarding claim 5, Manolakos et al disclose acquiring the parameter information of the positioning signal resources corresponding to the respective carrier frequencies comprises: acquiring parameter information of positioning signal resources for each carrier frequency, the parameter information of the positioning signal resources for each carrier frequency being the same or different (see at least paragraph 164).
Regarding claim 7, Manolakos et al disclose reporting capability information, the capability information being configured to indicate whether the UE supports simultaneous transmission of the positioning signal on a plurality of carrier frequencies (see at least paragraph 126).
Regarding claim 8, Manolakos et al disclose reporting information; wherein the information comprises at least one of: phase error group information when the UE sends the positioning signal, the phase error group information comprising at least one of an ID of a phase error group or an error value corresponding to the phase error group; or timing error group information when the UE sends the positioning signal, the timing error group information comprising at least one of an ID of a timing error group or an error value corresponding to the timing error group (see at least paragraph 126).
Regarding claim 9, Manolakos et al disclose determining whether the positioning signal on the at least two carrier frequencies fails, and whether to stop sending the positioning signal based on the determination result (see at least paragraph 126).
Regarding claim 10, Manolakos et al disclose determining whether the positioning signal on the at least two carrier frequencies fails, and whether to stop sending the positioning signal based on the determination result comprises: determining separately whether the positioning signal on the respective carrier frequencies fails; and stopping sending the positioning signal on a carrier frequency on which the positioning signal fails (see at least paragraph 50).
Regarding claim 11, Manolakos et al disclose determining whether the positioning signal on the at least two carrier frequencies fails, and whether to stop sending the positioning signal based on the determination result comprises: in a case that the positioning signal on any of the carrier frequencies fails, stopping sending the positioning signal on both the carrier frequency and another related carrier frequency (see at least paragraph 50).
Regarding claim 12, Manolakos et al disclose wherein determining whether the positioning signal on the at least two carrier frequencies fails comprises: determining whether the UE is able to measure at least one of RS or pathlossReferenceRS indicated by QCL information of the positioning signal on the carrier frequencies; and determining that the positioning signal on the carrier frequencies fails in response to the UE being unable to measure at least one of the RS or the pathlossReferenceRS indicated by the QCL information of the positioning signal on the carrier frequencies (see at least paragraph 51).
Regarding claim 13, Manolakos et al disclose a method for signal processing, performed by an access network device, comprising: receiving a positioning signal on positioning signal resources on at least two carrier frequencies (see at least paragraph 38 discloses UE reports positioning to the serving base station using measurement); and measuring the positioning signal to obtain a positioning report, and sending the positioning report to a core network device (see at least paragraph 8 and claim 1 discloses measure positioning signals).
Regarding claim 15, Manolakos et al disclose acquiring capability information reported by a user equipment (UE), the capability information being configured to indicate whether the UE supports simultaneous transmission of the positioning signal on a plurality of carrier frequencies; wherein receiving the positioning signal on the positioning signal resources of the at least two carrier frequencies comprises: receiving the positioning signal simultaneously on the positioning signal resources on the at least two carrier frequencies; or receiving the positioning signal non-simultaneously on the positioning signal resources on the at least two carrier frequencies (see at least paragraph 126).
Regarding claim 17, Manolakos et al disclose acquiring information reported by a user equipment (UE); wherein the information comprises at least one of: phase error group information when the UE sends the positioning signal, the phase error group information comprising at least one of an ID of a phase error group or an error value corresponding to the phase error group; or timing error group information when the UE sends the positioning signal, the timing error group information comprising at least one of an ID of a timing error group or an error value corresponding to the timing error group (see at least paragraph 126).
Regarding claim 18, Manolakos et al disclose the positioning report comprises at least one of: an integer number of complete phase cycles; a fractional part of phase less than a complete cycle; phase error group information when the access network device receives the positioning signal, the phase error group information comprising at least one of an ID of a phase error group or an error value corresponding to the phase error group; reference signal receiving power (RSRP); an angle of arrival (AoA); an angle of departure (AoD); a time of arrival (ToA); a time difference of arrival (TDoA); a round trip time (RTT); an Rx time error group (RxTEG); a Tx time error group (TxTEG); or a Tx Rx time error group (TxRxTEG) (see at least paragraph 51).
Regarding claim 33, Manolakos et al disclose a user equipment (UE), comprising: a processor; and a memory, storing a computer program executable by the processor, wherein the processor is configured to: acquire carrier frequency information of at least two carrier frequencies, wherein the carrier frequencies are used for transmission of a positioning signal; acquire positioning signal resources corresponding to the respective carrier frequencies; and send the positioning signal on the basis of the carrier frequency information of the at least two carrier frequencies and the positioning signal resources.
Regarding claim 34, Manolakos et al disclose an access network device, comprising: a processor; and a memory storing a computer program executable by the processor, wherein the processor is configured to perform the method according to claim 13 (see at above rejection of claim 13).
Regarding claim 42, Manolakos et al disclose the carrier frequency information comprises at least one of: an identity (ID) of each carrier frequency; a carrier frequency combination ID corresponding to at least two carrier frequencies; a starting frequency point position of each carrier frequency; or an end frequency point position of each carrier frequency (see at least paragraph 43).
Regarding claim 43, Manolakos et al disclose the positioning signal is configured to implement carrier phase-based positioning (see at least paragraph 49).
Regarding claim 44, Manolakos et al disclose the processor is further configured to: acquire parameter information of the positioning signal resources corresponding to the respective carrier frequencies, the parameter information comprising at least one of: a positioning signal resource ID; a positioning signal resource set ID; a transmission cycle; a slot offset; a number of symbols occupied; a comb-size; a starting symbol position; a sub-carrier spacing (SCS); quasi-colocation (QCL) information; a carrier frequency bandwidth; a starting physical resource block (PRB) position; a P0 value and an alpha value corresponding to a power control parameter; or a pathlossReferenceRS (see at least paragraph 51).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
The following prior art are cited to show a method, which is considered pertinent to the claimed invention:
Li et al (US Pat. Pub. No. 2022/0015058) directed toward positioning configuration and reporting.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LITON MIAH whose telephone number is (571)270-3124. The examiner can normally be reached on Mon - Fri 7:30am -5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 571-272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LITON MIAH/Primary Examiner, Art Unit 2642
Prosecution Insights