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 .
Claim analysis - 35 USC § 112
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 65-66 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: For example claim 65 recites “means for receiving assistance data for a positioning procedure; means for obtaining a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission-reception point (TRP) based on the assistance data; and means for enabling a location of the UE to be determined based, at least in part, on the frequency offset measurement” and then claim 66 recites “means for transmitting, to a user equipment (UE), assistance data for a positioning procedure; means for receiving, from the UE, a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission-reception point (TRP); and means for determining a location of the UE based, at least in part, on the frequency offset measurement” i.e., Fig. 3A and Fig. 3B Unit 302 refer to as UE and Unit 304 base station Para 98 disclose The UE 302, the base station 304, and the network entity 306 include memory circuitry implementing memories 340, 386, and 396 (e.g., each including a memory device), respectively, for maintaining information (e.g., information indicative of reserved resources, thresholds, parameters, and so on.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-68 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”. Claim(s) 1-68 is/are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper for example using measurement received from a mobile device, transmitting from the source relay node to a donor access node.
The apparatus and the method claim 1, 29, 53, 59, 65-68 recites limitation, for example claim 1, 53, 65, 67 recite “receiving assistance data for a positioning procedure; obtaining a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission-reception point (TRP) based on the assistance data; and enabling a location of the UE to be determined based, at least in part, on the frequency offset measurement” or claim 29, 59, 66, 68 recite “transmitting, to a user equipment (UE), assistance data for a positioning procedure; receiving, from the UE, a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission- reception point (TRP); and determining a location of the UE based, at least in part, on the frequency offset measurement”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites for example claim 1, 53, 65, 67 recite receiving assistance data for a positioning procedure; obtaining a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission-reception point (TRP); and enabling a location of the UE to be determined or claim 29, 59, 66, 68 recite transmitting, to a user equipment (UE), assistance data for a positioning procedure; receiving, from the UE, a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission- reception point (TRP); and determining a location of the UE. The receiving or transmitting step i.e., collecting step followed by obtaining step i.e., analyzing step and then enabling the location of the UE refer to a providing certain output based on collecting and analyzing step recited in the claim can practically be performed in the human mind, including for example, observations, evaluations, judgments, and opinions. See for example a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016) (See MPEP 2106.04 (a)(2) III (Step 2A: Prong One Abstract Idea=Yes).
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
Further, dependent claims do not add any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11, 13-68 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cha et al. Pub. No. US 20220166656 A1
Regarding Claim 1, Cha teaches a method of wireless positioning performed by a user equipment (UE) (Para 71, a method of operating a UE, a transmission and reception point (TRP), a location server, and/or a location management function (LMF)), comprising:
receiving assistance data (Para 294 and Fig. 14 Step 1401 – 1405, Fig. 16 Step 1605 and Para 317, the location server and/or LMF may transmit reference configuration information to the TRP, and the TRP may receive the reference configuration information. In operation 1405, the TRP may forward the reference configuration information to the UE, and the UE may receive the reference configuration information i.e., receiving assistance data) for a positioning procedure (Para 297, the TRP may transmit a signal related to configuration information to the UE, and the UE may receive the signal related to configuration information. For example, the signal related to configuration information may be a signal for UE positioning i.e., for a positioning procedure);
obtaining a frequency offset measurement of one or more positioning reference signal (PRS) resources (Para 325 and Fig. 16 Step 16-9, the UE may determine/assume/expect a frequency RE pattern based on the data. For example, the UE may calculate/obtain/identify the frequency offset for each OFDM symbol of each configured RS resource to determine/configure the frequency RE pattern for all OFDM symbols occupied by each RS resource) transmitted by at least one transmission-reception point (TRP) based on the assistance data (Fig. 14 Step1405 and 1407 and Para 297, the TRP may transmit a signal related to configuration information to the UE, and the UE may receive the signal related to configuration information); and
enabling a location of the UE to be determined based, at least in part, on the frequency offset measurement (Para 298-299. the UE may transmit a signal related to positioning to the TRP, and the TRP may receive the signal related to positioning i.e., enabling a location of the UE to be determined based, at least in part, on the frequency offset measurement).
Regarding Claim 2, Cha teaches wherein the frequency offset measurement is based on a first phase measurement of a first symbol of the one or more PRS resources, a second phase measurement of a second symbol of the one or more PRS resources, and a difference in time between the first symbol and the second symbol (Para 11).
Regarding Claim 3, Cha teaches wherein the first symbol and the second symbol have the same allocation of PRS resource elements of the one or more PRS resources (Para 9).
Regarding Claim 4, Cha teaches wherein: the first symbol and the second symbol are within the same slot, and the difference in time indicates a number of symbols between the first symbol and the second symbol (Para 111).
Regarding Claim 5, Cha teaches wherein: the one or more PRS resources are a single PRS resource, the single PRS resource comprises at least two repetitions of a comb pattern of the single PRS resource, and the at least two repetitions of the comb pattern are separated by the difference in time (Para 288).
Regarding Claim 6, Cha teaches wherein: the first symbol and the second symbol are in different slots, and the difference in time indicates a number of slots between the different slots (Para 406).
Regarding Claim 7, Cha teaches wherein the one or more PRS resources in the different slots have the same comb pattern (Para 402).
Regarding Claim 8, Cha teaches wherein: the first symbol and the second symbol belong to the same PRS resource of the one or more PRS resources (Para 404).
Regarding Claim 9, Cha teaches wherein: the first symbol belongs to a first PRS resource of the one or more PRS resources, and the second symbol belongs to a second PRS resource of the one or more PRS resources different than the first PRS resource (Para 403).
Regarding Claim 10, Cha teaches wherein the assistance data indicates that the first PRS resource and the second PRS resource are configured to be transmitted by the at least one TRP with phase coherence (Para 289).
Regarding Claim 11, Cha teaches further comprising: transmitting, to a location server, a capability message indicating a capability of the UE to obtain the first phase measurement and the second phase measurement from the same PRS resource of the one or more PRS resources or to obtain the first phase measurement and the second phase measurement from different PRS resources of the one or more PRS resources (Para 293-294).
Regarding Claim 13, Cha teaches wherein the assistance data includes an index of the first symbol, an index of the second symbol, and the difference in time (Para 12).
Regarding Claim 14, Cha teaches further comprising: transmitting, to a location server, a capability message indicating a capability of the UE to engage in a frequency difference of arrival (FDOA) positioning procedure, to report the frequency offset measurement, or both (Para 219).
Regarding Claim 15, Cha teaches wherein the positioning procedure is an FDOA positioning procedure (Para 213).
Regarding Claim 16, Cha teaches wherein enabling the location of the UE to be determined comprises: reporting the frequency offset measurement to a location server to enable the location server to determine the location of the UE (Para 299).
Regarding Claim 17, Cha teaches wherein: the positioning procedure is a time-difference of arrival (TDOA) positioning procedure, and the frequency offset measurement is reported to the location server as part of the TDOA positioning procedure (Para 219).
Regarding Claim 18, Cha teaches wherein reporting the frequency offset measurement comprises: reporting a first frequency offset measurement of a first dominant path of the one or more PRS resources; and reporting one or more second frequency offset measurements of one or more additional paths of the one or more PRS resources (Para 318).
Regarding Claim 19, Cha teaches further comprising: transmitting, to the location server, a capability message indicating a capability of the UE to report the one or more second frequency offset measurements (Para 299).
Regarding Claim 20, Cha teaches wherein enabling the location of the UE to be determined comprises: determining the location of the UE based on the frequency offset measurement and ephemeris information for the at least one TRP (Para 318).
Regarding Claim 21, Cha teaches wherein the one or more PRS resources are one or more narrowband PRS resources (Para 670).
Regarding Claim 22, Cha teaches further comprising: transmitting, to a location server, a capability message indicating a capability of the UE to obtain the frequency offset measurement based on the one or more narrowband PRS resources (Para 670).
Regarding Claim 23, Cha teaches wherein the frequency offset measurement is reported: as a normalized value without units, in units of parts-per-million (ppm), in units of velocity, in units of frequency, or as a difference between an actual frequency offset measurement obtained by the UE and an expected frequency offset measurement received in the assistance data (Para 596).
Regarding Claim 24, Cha teaches wherein the assistance data includes a range and resolution for reporting the frequency offset measurement per TRP, component carrier, frequency band, or frequency layer (Para 319).
Regarding Claim 25, Cha teaches wherein: the assistance data includes a range and resolution for reporting the frequency offset measurement per TRP in ppm units, and the UE translates the range and resolution to a range and resolution per component carrier, frequency band, or frequency layer (Para 216).
Regarding Claim 26, Cha teaches further comprising: determining a range and resolution of the frequency offset measurement based on an orbit of the at least one TRP (Para 216).
Regarding Claim 27, Cha teaches wherein the assistance data is received from: a location server in one or more Long-Term Evolution (LTE) positioning protocol (LPP) messages, or a base station in one or more positioning system information blocks (posSIBs) broadcasted by the base station (Fig. 10 and Para 67).
Regarding Claim 28, Cha teaches wherein the at least one TRP comprises at least one space vehicle (Para 189).
Regarding Claim 29, Cha teaches a method of positioning performed by a network entity, comprising (Para 292 and Fig. 14):
transmitting, to a user equipment (UE), assistance data for a positioning procedure(Para 294 and Fig. 14 Step 1401 – 1405, Fig. 16 Step 1605 and Para 317);
receiving, from the UE, a frequency offset measurement of one or more positioning reference signal (PRS) resources transmitted by at least one transmission- reception point (TRP) (Para 325-326 and Fig. 17 Step 17-7-1711,and also see (Fig. 14 Step1405 and 1407 and Para 297); and
determining a location of the UE based, at least in part, on the frequency offset measurement(Para 298-299).
Regarding Claim 30, it has been rejected for the same reasons as claim 2.
Regarding Claim 31, it has been rejected for the same reasons as claim 3.
Regarding Claim 32, it has been rejected for the same reasons as claim 4.
Regarding Claim 33, it has been rejected for the same reasons as claim 5.
Regarding Claim 34, it has been rejected for the same reasons as claim 6.
Regarding Claim 35, it has been rejected for the same reasons as claim 7.
Regarding Claim 36, it has been rejected for the same reasons as claim 8.
Regarding Claim 37, it has been rejected for the same reasons as claim 9.
Regarding Claim 38 it has been rejected for the same reasons as claim 10.
Regarding Claim 39, it has been rejected for the same reasons as claim 11.
Regarding Claim 40, it has been rejected for the same reasons as claim 13.
Regarding Claim 41, it has been rejected for the same reasons as claim 14.
Regarding Claim 42, it has been rejected for the same reasons as claim 15.
Regarding Claim 43, it has been rejected for the same reasons as claim 17.
Regarding Claim 44, it has been rejected for the same reasons as claim 18.
Regarding Claim 45, it has been rejected for the same reasons as claim 19.
Regarding Claim 46, it has been rejected for the same reasons as claim 21.
Regarding Claim 47, it has been rejected for the same reasons as claim 22.
Regarding Claim 48, it has been rejected for the same reasons as claim 23.
Regarding Claim 49, it has been rejected for the same reasons as claim 25.
Regarding Claim 50, it has been rejected for the same reasons as claim 27.
Regarding Claim 51, it has been rejected for the same reasons as claim 28.
Regarding Claim 52, Cha teaches wherein the network entity is a location server (Fig. 14 LMF).
Regarding Claim 53, it has been rejected for the same reasons as claim 1 and further teaches a user equipment (UE) (fig. 14 and 23 UE), comprising: a memory (Fig. 23 Unit 230); at least one transceiver (Fig. 23 Unit 235); and at least one processor (Fig. 23 Unit 210) communicatively coupled to the memory and the at least one transceiver (Para 610).
Regarding Claim 54, it has been rejected for the same reasons as claim 2.
Regarding Claim 55, it has been rejected for the same reasons as claim 14.
Regarding Claim 56, it has been rejected for the same reasons as claim 16.
Regarding Claim 57, it has been rejected for the same reasons as claim 17.
Regarding Claim 58, it has been rejected for the same reasons as claim 23.
Regarding Claim 59, it has been rejected for the same reasons as claim 29 and further teaches a network entity (Fig. 14 and 23), comprising: a memory (Fig. 23 Unit 230); at least one transceiver (Fig. 23 Unit 235); and at least one processor (Fig. 23 Unit 210) communicatively coupled to the memory and the at least one transceiver (Para 610).
Regarding Claim 60, it has been rejected for the same reasons as claim 2.
Regarding Claim 61, it has been rejected for the same reasons as claim 14.
Regarding Claim 62, it has been rejected for the same reasons as claim 17.
Regarding Claim 63, it has been rejected for the same reasons as claim 23.
Regarding Claim 64, it has been rejected for the same reasons as claim 27.
Regarding Claim 65, it has been rejected for the same reasons as claim 1.
Regarding Claim 66, it has been rejected for the same reasons as claim 29.
Regarding Claim 67, it has been rejected for the same reasons as claim 1.
Regarding Claim 68, it has been rejected for the same reasons as claim 29.
Allowable Subject Matter
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action and to include 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 reference fail to teach the limitation of “the first phase measurement is a first phase of a first linear average of a first channel response of a first path delay of PRS resource elements of the first symbol of the one or more PRS resources, and the second phase measurement is a second phase of a second linear average of a second channel response of a second path delay of PRS resource elements of the second symbol of the one or more PRS resources”. These limitation in combination of other elements are neither found nor disclosed in prior art as a whole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. Pub. No. US 20230069947 A1 - METHOD FOR TRANSMITTING AND RECEIVING SIGNAL IN WIRELESS COMMUNICATION SYSTEM, AND APPARATUS SUPPORTING SAME
Edge et al. Pub. No. US 20180217228 A1 - METHOD AND/OR SYSTEM FOR ACQUISITION OF A POSITIONING SIGNAL
WO 2024057189 A1 - CODEBOOK CONFIGURATION FOR DEVICE POSITIONING
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647
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