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 .
Clarity of the Record-Claim Interpretation
The claims have been evaluated for limitations that invoke a 112(f) means plus function interpretation. However, based on the scope of the art, the three prong evaluation of limitations, and the terminology expectations of one of ordinary skill in the art, the claim limitations of ‘first and second network devices’ are not interpreted as invoking 112(f).
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.
(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.
Claims 1-4, 7, 9-11, 15, 21, 29, 32 and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghimire (EP 3783986 A1, see IDS).
Re claim 1, Ghimire discloses a method for configuring an uplink positioning reference signal (PRS), performed by a location management function (LMF) network element, comprising:
sending a first message to a first network device (Par 30-31, 49);
wherein the first message comprises an uplink positioning reference signal configuration (Par 49, 68 -includes at least configuration of the uplink positioning reference signal), and the first message is configured to request the first network device to reserve the uplink positioning reference signal configuration (Par 30-31, 34, 49 – request to leave resources idle/reservation resource).
Re claim 2, Ghimire discloses the method according to claim 1, and further wherein the uplink positioning reference signal configuration is configured to configure the uplink positioning reference signal for a terminal (Par 29-31, 34, 46-49, 54-59, 99) through a second network device (Par 29-31, 34, 46-49, 54-59, 99).
Re claim 3, Ghimire discloses the method according to claim 2, and further wherein a first cell where the first network device is located (Fig 1; Par 2, 10, 29-31, 34 and 99) is a neighboring cell of a second cell where the second network device is located (Fig 1; Par 2, 10, 29-31, 34 and 99), and there are more than one first network device (Fig 1; Par 2, 10, 29-31, 34 and 99); and the second cell is a serving cell of the terminal (Fig 1; Par 2, 10, 29-31, 34 and 99).
Re claim 4, Ghimire discloses the method according to claim 1, and further wherein the first message comprises time information (Par 30-31, 34, 49, 51, 99 – delegation of radio resources), and the time information indicates a period of time in which the first network device reserves (Par 30-31, 34, 49, 51, 99 – delegation of radio resources) the uplink positioning reference signal configuration (Par 30-31, 34, 49, 51, 99 – delegation of radio resources).
Re claim 7, Ghimire discloses the method according to claim 1, and further discloses further comprising: receiving a third message sent by the first network device (Par 49-53 – success/failure indication); wherein the third message indicates whether the first network device successfully reserves the uplink positioning reference signal configuration (Par 49-53 – success/failure indication).
Re claim 9, Ghimire discloses the method according to claim 2, and further discloses further comprising: acquiring the uplink positioning reference signal configuration through the second network device (Par 29-31, 34, 46-49, 54-59, 99).
Re claim 10, Ghimire discloses the method according to claim 2, and further discloses sending information of the first network device to the second network device (Par 29-31, 51-55, 58-59) in response to determining that the first network device successfully reserves the uplink positioning reference signal configuration (Par 29-31, 51-55, 58-59).
Re claim 11, Ghimire discloses the method according to claim 10, and further discloses wherein the information of the first network device comprises at least one of: a cell identifier corresponding to the first network device (Par 30, 36-38, 42, 49 – PCI); a radio access network (RAN) area identifier corresponding to the first network device; or a system message area identifier corresponding to the first network device.
Re claim 15, Ghimire discloses a method for configuring an uplink positioning reference signal, performed by a first network device, comprising:
receiving a first message sent by a location management function (LMF) network element (Par 30-31, 49 – LMF communication to gNB/network node);
wherein the first message comprises an uplink positioning reference signal configuration (Par 49, 68 -includes at least configuration of the uplink positioning reference signal), and the first message is configured to request the first network device to reserve the uplink positioning reference signal configuration (Par 30-31, 34, 49 – request to leave resources idle/reservation resource).
Re claim 21, Ghimire discloses the method according to claim 15, and further discloses sending a third message to the LMF network element (Par 49-53 – success/failure indication); wherein the third message indicates whether the first network device successfully reserves the uplink positioning reference signal configuration (Par 49-53 – success/failure indication).
Re claim 29, Ghimire discloses a method for configuring an uplink positioning reference signal, performed by a second network device, comprising:
receiving information of a first network device sent by a location management function (LMF) network element (Par 30-31, 49 – LMF communication to gNB/network node); and
sending the information of the first network device to a terminal (Par 29-31, 34, 54-59, 99 – gNB to UE);
wherein the first network device is a network device that reserves an uplink positioning reference signal configuration (Par 30-31, 34, 49 – request to leave resources idle/reservation resource), and
the uplink positioning reference signal configuration (Par 29-31, 34, 46-49, 54-59, 99) is configured to configure the uplink positioning reference signal (Par 29-31, 34, 46-49, 54-59, 99) for the terminal through the second network device (Par 29-31, 34, 46-49, 54-59, 99).
Re claim 32, Ghimire discloses the method according to claim 29, and further discloses sending the uplink positioning reference signal configuration (Par 29-31, 34, 46-49, 54-59, 99) to the LMF network element (Par 29-31, 34, 46-49, 54-59, 99).
Re claim 39, Ghimire discloses a network device, comprising: a processor (Par 126-127 – LMF); a transceiver (Fig 5, 7A clearly depict LMF as having transceiver functionality given Tx/Rx depiction), connected to the processor (Par 126-127); and a memory (Par 126-127 – LMF), configured to store instructions executable by the processor (Par 126-127 – LMF); wherein the processor is configured to load and execute the executable instructions to perform the method (Par 126-127 – LMF) for configuring the uplink positioning reference signal according to claim 1 (see rejection of claim 1 above, Par 30-31, 34, 49, 68).
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.
Claims 5, 18, 40 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Ghimire (EP 3783986 A1, see IDS) as applied to claims 4 and 15 above, and further in view of Edge (US Pub 20220039053).
Re claim 5, Ghimire discloses the method according to claims 4, but fails however to explicitly disclose wherein the time information instructs the first network device to release the uplink positioning reference signal configuration in response to determining that a current moment is not within the period of time indicated by the time information.
This design is however disclosed by Edge. Edge discloses wherein the time information instructs the first network device to release the uplink positioning reference signal configuration (Par 247) in response to determining that a current moment is not within the period of time indicated by the time information (Par 247).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Ghimire in order to incorporate the timing considerations of Edge based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance as the system establishes reservation based and scheduled timing, releasing stored configurations when outside of the timing constraints would allow for dynamic adjustments to the environment and updated reference signaling configurations, as well as free up resources for additional communication and processing needs.
Re claim 18, Ghimire discloses the method according to claim 15, Ghimire further discloses wherein the first message comprises time information, and the time information indicates a period of time in which the first network device reserves the uplink positioning reference signal configuration (Par 30-31, 34, 49, 51, 99 – delegation of radio resources), but fails however to explicitly disclose wherein the method further comprises: releasing the uplink positioning reference signal configuration in response to the first network device determining that a current moment is not within the period of time indicated by the time information.
This design is however disclosed by Edge. Edge discloses releasing the uplink positioning reference signal configuration (Par 247) in response to the first network device determining that a current moment is not within the period of time indicated by the time information (Par 247).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Ghimire in order to incorporate the timing considerations of Edge based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance as the system establishes reservation based and scheduled timing, releasing stored configurations when outside of the timing constraints would allow for dynamic adjustments to the environment and updated reference signaling configurations, as well as free up resources for additional communication and processing needs.
Re claim 40, Ghimire discloses the method of claim 15, and the design perform the method for configuring the uplink positioning reference signal according to claim 15 (see rejection of claim 15 above); but fails however to explicitly disclose the embodiment of the design comprising a network device, comprising: a processor; a transceiver, connected to the processor; and a memory, configured to store instructions executable by the processor; wherein the processor is configured to load and execute the executable instructions to perform the method.
This design is however disclosed by Edge. Edge discloses the embodiment of the design comprising a network device (Fig 10; Par 213-218), comprising: a processor (Fig 10; Par 213-218); a transceiver (Fig 10; Par 213-218), connected to the processor (Fig 10; Par 213-218); and a memory (Fig 10; Par 213-218), configured to store instructions executable by the processor (Fig 10; Par 213-218); wherein the processor is configured to load and execute the executable instructions to perform the method (Fig 10; Par 213-218).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Ghimire in order to incorporate the device embodiment considerations of Edge based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance as a method has been clearly established it would obvious to one of skill in the art to use components with expected and known functionality to implement a structural/system based embodiment for real world implementation of the design and use of the design for improved user experience.
Re claim 41, Ghimire discloses the method of claim 29, and the design perform the method for configuring the uplink positioning reference signal according to claim 29 (see rejection of claim 29 above); but fails however to explicitly disclose the embodiment of the design comprising a network device, comprising: a processor; a transceiver, connected to the processor; and a memory, configured to store instructions executable by the processor; wherein the processor is configured to load and execute the executable instructions to perform the method.
This design is however disclosed by Edge. Edge discloses the embodiment of the design comprising a network device (Fig 11; Par 229-233), comprising: a processor (Fig 11; Par 229-233); a transceiver (Fig 11; Par 229-233), connected to the processor (Fig 11; Par 229-233); and a memory (Fig 11; Par 229-233), configured to store instructions executable by the processor (Fig 11; Par 229-233); wherein the processor is configured to load and execute the executable instructions to perform the method (Fig 11; Par 229-233).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Ghimire in order to incorporate the device embodiment considerations of Edge based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance as a method has been clearly established it would obvious to one of skill in the art to use components with expected and known functionality to implement a structural/system based embodiment for real world implementation of the design and use of the design for improved user experience.
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ghimire (EP 3783986 A1, see IDS) as applied to claims 1 and 15 above, and further in view of Abbas (US Pub 20230413228).
Re claim 6, Ghimire discloses the method according to claim 1, but fails however to explicitly disclose further comprising: sending a second message to the first network device; wherein the second message instructs the first network device to release the uplink positioning reference signal configuration.
This design is however disclosed by Abbas. Abbas discloses sending a second message to the first network device (Par 116); wherein the second message instructs the first network device to release the uplink positioning reference signal configuration (Par 116).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Ghimire in order to incorporate the release signaling of Abbas based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance as the system establishes reservation based and scheduled timing, allowing for the network devices to control releasing stored configurations would allow for dynamic adjustments to the environment and updated reference signaling configurations, as well as provide the ability to free up resources for additional communication and processing needs.
Re claim 20, Ghimire discloses the method according to claim 15, but fails however to explicitly disclose further comprising: receiving a second message sent by the LMF network element; wherein the second message instructs the first network device to release the uplink positioning reference signal configuration.
This design is however disclosed by Abbas. Abbas discloses receiving a second message sent by the LMF network element (Par 116); wherein the second message instructs the first network device to release the uplink positioning reference signal configuration (Par 116).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Ghimire in order to incorporate the release signaling of Abbas based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance as the system establishes reservation based and scheduled timing, allowing for the network devices to control releasing stored configurations would allow for dynamic adjustments to the environment and updated reference signaling configurations, as well as provide the ability to free up resources for additional communication and processing needs.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to anticipate or render obvious the limitations of the above cited claims. Re claim 8 the prior art fails to explicitly disclose the specifics of the reservation configuration signaling.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R NEFF whose telephone number is (571)270-1848. The examiner can normally be reached Mon-Fri 5:30am-2:00pm.
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/MICHAEL R NEFF/ Primary Examiner, Art Unit 2631
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