Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
2. 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 therefore, subject to the conditions and requirements of this title.
A) Claims 41-44 are rejected under 35 USC 101 since the claims are directed to non-statutory subject matter. Claims 41-44 recite a “readable storage medium” which appears to cover both transitory and non-transitory embodiments. The United States Patent and Trademark Office (USPTO) is required to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see paragraph [0881] of the current specification where recites the readable storage medium includes a computer readable storage medium, for example, a computer read-only memory (ROM), a random access memory (RAM), a magnetic disk, an optical disc, and the like.) which is open ended and does not explicitly exclude ineligible signal embodiments. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2.
The Examiner suggests that the Applicant add the limitation "non-transitory computer readable (or storage) medium" to the claim(s) in order to properly render the claims in statutory form in view of their broadest reasonable interpretation in light of the originally filed specification.
Claim Rejections - 35 USC § 102
3. 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.
A) Claims 1, 10, 19, 28, and 41-44 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KO (US 2024/0381306 A1).
As per claim 1, KO discloses a positioning method for a sidelink (Fig.18, sidelink positioning method), comprising: transmitting, by a first device (Fig.18, transmitting by target UE (i.e. first device)), first information to one or more second devices, wherein the first information comprises a positioning request signaling (Fig.18, S1810 (i.e. first information), transmit a request to participate in the SL RTT (i.e. a positioning request signaling) to the server UE 1 and the server UE 2 (i.e. second devices)); transmitting, by the first device, a first positioning reference signal to the one or more second devices (Fig.18, S1840, transmitting by target UE first PRS to server UE1), and receiving, by the first device, second positioning reference signals from the one or more second devices (Fig.18, S1850, receiving by target UE second PRS from the server UE1); and obtaining, by the first device, a positioning calculation result of the first device according to a measurement result of the first positioning reference signal and measurement results of the second positioning reference signals, or receiving, by the first device, the positioning calculation result of the first device from one of the one or more second devices (Fig.18, S1860, obtaining or receiving by the target UE location calculation result of target UE based on measurement result of the first PRS the second PRS).
As per claim 10, KO discloses a positioning method for a sidelink (Fig.18, sidelink positioning method), comprising: receiving, by a second device (Fig.18, receiving by server UE1/server UE 2 (i.e. second device)), first information from one or more first devices, wherein the first information comprises a positioning request signaling (Fig.18, S1810 (i.e. first information) from target UE (i.e. first device), a request to participate in the SL RTT (i.e. a positioning request signaling)); receiving, by the second device, first positioning reference signals from the one or more first devices (Fig.18, S1840, receiving by server UE1 first PRS from target UE), and transmitting, by the second device, a second positioning reference signal to the one or more first devices (Fig.18, S1850, transmitting by server UE1 second PRS to target UE); and transmitting, by the second device, measurement results of the first positioning reference signals and a measurement result of the second positioning reference signal to the one or more first devices, or obtaining, by the second device, positioning calculation results of the one or more first devices according to the measurement results of the first positioning reference signals and the measurement result of the second positioning reference signal, and transmitting the positioning calculation results of the one or more first devices to the one or more first devices (Fig.18, S1860, transmitting the location calculation result of target UE based on measurement result of the first PRS the second PRS).
As per claim 19, KO discloses a positioning method for a sidelink (Fig.18, sidelink positioning method), comprising: transmitting, by a first device (Fig.18, transmitting by target UE (i.e. first device)), first information to one or more second devices, wherein the first information comprises a positioning indication signaling (Fig.18, ¶0264, S1810 (i.e. first information), transmit a reference signal received power (RSRP) measurement value for a demodulation reference signal (DMRS) related to a first PSCCH (i.e. a positioning indication signaling) to the server UE 1 and the server UE 2 (i.e. second devices)); transmitting, by the first device, a first positioning reference signal to the one or more second devices (Fig.18, S1840, transmitting by target UE first PRS to server UE1), and receiving, by the first device, second positioning reference signals from the one or more second devices (Fig.18, S1850, receiving by target UE second PRS from the server UE1); and transmitting, by the first device, a measurement result of the first positioning reference signal and measurement results of the second positioning reference signals to the one or more second devices, or obtaining, by the first device, positioning calculation results of the one or more second devices according to the measurement result of the first positioning reference signal and the measurement results of the second positioning reference signals, and transmitting the positioning calculation results of the one or more second devices to the one or more second devices (Fig.18, S1860, transmitting by the target UE location calculation result based on measurement result of the first PRS the second PRS).
As per claim 28, KO discloses a positioning method for a sidelink (Fig.18, sidelink positioning method), comprising: receiving, by a second device (Fig.18, receiving by server UE 1 (i.e. second device)), first information to one or more first devices, wherein the first information comprises a positioning indication signaling (Fig.18, ¶0264, S1810 (i.e. first information), receive a reference signal received power (RSRP) measurement value for a demodulation reference signal (DMRS) related to a first PSCCH (i.e. a positioning indication signaling) from target UE (i.e. first device)); receiving, by the second device, first positioning reference signals from the one or more first devices (Fig.18, S1840, receiving by server UE1 first PRS from target UE), and transmitting, by the second device, a second positioning reference signal to the one or more first devices (Fig.18, S1850, transmitting by server UE1 second PRS to target UE); and obtaining, by the second device, a positioning calculation result of the second device according to measurement results of the first positioning reference signals and a measurement result of the second positioning reference signal, or receiving, by the second device, the positioning calculation result of the second device from one of the one or more first devices (Fig.18, S1860, receiving the location calculation result based on measurement result of the first PRS the second PRS).
As per claim 41, KO discloses a readable storage medium, wherein the readable storage medium stores a program or an instruction, and when the program or the instruction is executed by a processor (¶0294, a non-transitory computer-readable storage medium storing instructions and the instructions, when executed by a processor), steps of the positioning method for the sidelink according to claim 1 (please refer to claim 1 above).
As per claim 42, KO discloses a readable storage medium, wherein the readable storage medium stores a program or an instruction, and when the program or the instruction is executed by a processor (¶0294, a non-transitory computer-readable storage medium storing instructions and the instructions, when executed by a processor), steps of the positioning method for the sidelink according to claim 1 (please refer to claim 10 above).
As per claim 43, KO discloses a readable storage medium, wherein the readable storage medium stores a program or an instruction, and when the program or the instruction is executed by a processor (¶0294, a non-transitory computer-readable storage medium storing instructions and the instructions, when executed by a processor), steps of the positioning method for the sidelink according to claim 1 (please refer to claim 19 above).
As per claim 44, KO discloses a readable storage medium, wherein the readable storage medium stores a program or an instruction, and when the program or the instruction is executed by a processor (¶0294, a non-transitory computer-readable storage medium storing instructions and the instructions, when executed by a processor), steps of the positioning method for the sidelink according to claim 1 (please refer to claim 28 above).
Claim Rejections - 35 USC § 103
4. 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.
A) Claims 2, 11, 20, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over KO (US 2024/0381306 A1) in view of BAEK (US 2022/0365163 A1).
As per claim 2 as applied to claim 1 above, KO does not explicitly teach wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID; positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information.
In the same field of endeavor, BAEK teaches wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID (¶0131 and ¶0137, identification information such as L1 destination ID information and/or L1 source ID information); positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information (please note that claim 2 is optional (e.g. at least one of) and does not require all the conditions or steps to be performed, therefore, the rest of the limitations are disregarded as it’s belong to optional steps).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated the teaching of
BAEK into invention of KO in order to perform relative positioning by transmitting and receiving a positioning reference signal (PRS) by a user equipment (UE) in a wireless communication system for supporting sidelink and minimizing collision between the request PRSs.
As per claim 11 as applied to claim 10 above, KO does not explicitly teach wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID; positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information.
In the same field of endeavor, BAEK teaches wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID (¶0131 and ¶0137, identification information such as L1 destination ID information and/or L1 source ID information); positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information (please note that claim 2 is optional (e.g. at least one of) and does not require all the conditions or steps to be performed, therefore, the rest of the limitations are disregarded as it’s belong to optional steps).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated the teaching of
BAEK into invention of KO in order to perform relative positioning by transmitting and receiving a positioning reference signal (PRS) by a user equipment (UE) in a wireless communication system for supporting sidelink and minimizing collision between the request PRSs.
As per claim 20 as applied to claim 19 above, KO does not explicitly teach wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID; positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information.
In the same field of endeavor, BAEK teaches wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID (¶0131 and ¶0137, identification information such as L1 destination ID information and/or L1 source ID information); positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information (please note that claim 2 is optional (e.g. at least one of) and does not require all the conditions or steps to be performed, therefore, the rest of the limitations are disregarded as it’s belong to optional steps).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated the teaching of
BAEK into invention of KO in order to perform relative positioning by transmitting and receiving a positioning reference signal (PRS) by a user equipment (UE) in a wireless communication system for supporting sidelink and minimizing collision between the request PRSs.
As per claim 29 as applied to claim 28 above, KO does not explicitly teach wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID; positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information.
In the same field of endeavor, BAEK teaches wherein the first information comprises at least one of: signaling type information of the first information, comprising at least one of positioning reference signal request signaling or a positioning request flag bit; identification information, comprising at least one of destination identification information, source identification information or a session process ID (¶0131 and ¶0137, identification information such as L1 destination ID information and/or L1 source ID information); positioning reference signal configuration information, comprising at least one of positioning reference signal configuration parameters, time interval information or a time domain reference point; or positioning measurement configuration information, comprising at least one of positioning measurement quantity type information, positioning assistance information, positioning reference signal search assistance information, positioning method or capability information, positioning type information, measurement window indication information, positioning calculation function indication information, measurement assistance information, feedback latency bound information, a time domain reference point or positioning priority information (please note that claim 2 is optional (e.g. at least one of) and does not require all the conditions or steps to be performed, therefore, the rest of the limitations are disregarded as it’s belong to optional steps).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant’s claimed invention to have incorporated the teaching of
BAEK into invention of KO in order to perform relative positioning by transmitting and receiving a positioning reference signal (PRS) by a user equipment (UE) in a wireless communication system for supporting sidelink and minimizing collision between the request PRSs.
Allowable Subject Matter
5. Claims 4-5, 13-14, 22-23, and 31-32 are 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.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JINSONG HU can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARIDEH MADANI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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