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 .
DETAILED ACTION
1. This communication is a first office action, non-final rejection on the merits. Claims 1-4,6-7,9-11,13,17-20,23-24,31,34-35 and 38, filed as preliminary amendment, are currently pending and have been considered below.
Response to Amendment
2. Applicant’s amendment filed April 16, 2008 amends claims 1-39. Claims 5, 8, 12, 14-16, 21-22, 25-30, 32-33, 36-37and 39 cancelled. Claims 1-4,6-7,9-11,13,17-20,23-24,31,34-35 and 38 presented for Examination. Applicant’s amendment has been fully considered and entered.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 10/25/2024 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Rejections - 35 USC § 101
4. 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.
Claims 1 and 18 and 34 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).
Claim 1:
Step Analysis 1: Statutory Category? Yes. The claim is method claim.
2A - Prong 1: Judicial Exception Recited?
Yes. The claim recites the limitation of transmitting and receiving tracking reference signal. This limitation, as drafted, is method that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “transmitting and receiving information,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “transmitting and receiving information from determining phase information” language, the claim encompasses a user simply transmitting from determined phase information in his/her mind. The mere nominal recitation of determining phase information according to tracking reference signal does not take the claim limitation out of the mental processes grouping. Thus, the claim recites a mental.
2A - Prong 2: Integrated into a Practical Application?
No. The claim recites additional elements: determining and transmitting phase information to network device performs the determination step. The determination step is recited at a high level of generality (i.e., as a general means of gathering data for use step), and amounts to mere data gathering or manipulations, which is a form of insignificant extra-solution activity. The determination step is also recited at a high level of generality, and merely automates the determination step. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component (the determining and transmitting phase information).
The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component (the phase information). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to the abstract idea.
2B: Claim provides an Inventive Concept?
No. As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the determination step was considered to be extra-solution activity in Step 2A, and thus it is re-evaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field. The background of the example does not provide any indication that the driver circuit is anything other than a generic, and the Symantec, TLI, and OIP Techs. court decisions cited in MPEP 2106.05(d)(II) indicate that mere collection or determination of data over a driver circuit is a well understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here).
Accordingly, a conclusion that the determining step is well-understood, routine, conventional activity is supported under Berkheimer.
For these reasons, there is no inventive concept in the claim, and thus it is ineligible
Claim Rejections - 35 USC § 103
5. 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 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 of this title, 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.
6. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
7. Claims 1-4, 6-7, 9-11, 17-19, 23-24, 31, 34-35 and 38 are rejected under 35 U.S.C. 103(a) as being unpatentable over Luo (US 20230217286 A1) (hereinafter Luo) in view of Li (US 20230262646 A1) (hereinafter Li).
Regarding claim 1, Luo discloses a method for transmitting information, performed by a terminal device (para 389, FIG. 1 The communication system includes one or more access network devices 100 and one or more terminal devices 101 and a terminal device 102)), the method comprising:
receiving a tracking reference signal (para 542, terminal device measures a tracking reference signal that is sent by the access network device);
determining phase information of a transmission path according to the tracking reference signal (para 544, terminal device measures reference signal resources, to obtain phase information of the reference signal resources); and
transmitting the phase information to a network device (para 11, terminal device reports the phase information and transmit between the terminal device and the access network device, para 68, transmit phase information and RSRPs corresponding to the reference signal resources).
Even though Luo disclose transmitting the phase information to a network device [068], In analogous art, Li more specifically discloses transmitting the phase information to a network device (para 77, a difference of a carrier phase, a measurement quality of the difference of a carrier phase, Doppler measurement value, carrier phase measurement results of multicarrier, measurement qualities of phase measurement results of the multicarrier, direction indication information, time information during measurements or information on transmission reception points).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of beam generation method to improve performance of communication between an access network device and a terminal device disclosed by Luo for reporting of a carrier phase measurement value is realized, carrier phase positioning precision is improved as taught by Li to use terminal to sends uplink positioning reference signals, which measure positioning reference signals, and gNB determines a positioning measurement value and reports positioning measurement value to LMF [Li, paragraph 35].
Regarding claim 2, Luo discloses the method according to claim 1, wherein the determining phase information of a transmission path according to the tracking reference signal comprises: determining a Doppler shift of the transmission path according to the tracking reference signal; and determining a phase difference or a phase deflection value of the transmission path according to the Doppler shift, wherein the phase difference or the phase deflection value is used as the phase information (para 542, terminal device measures a tracking reference signal that is sent by network device and corresponding to reference signal resource or terminal device measures reference signal resources used to synthesize the first transmit beam, para 393, one or more of the following parameters may be further included: a delay spread (delay spread), a Doppler spread (Doppler spread), a Doppler shift (Doppler shift), an average delay (average delay), an average gain, and a spatial reception parameter).
Regarding claim 3, Luo discloses the method according to claim 2, wherein a plurality of the transmission paths are provided, and the transmitting the phase information to a network device comprises at least one of the following: transmitting phase differences corresponding to the plurality of the transmission paths to the network device separately determining that at least one transmission path corresponds to one of the phase differences (para 14, phase information includes phase differences between phases respectively corresponding to the N reference signal resources, para 16 phase difference between the first reference phase and a phase corresponding to each of the N reference signal resources. This manner can adapt to an existing RSRP reporting manner in a beam management process);
transmitting a target phase difference to the network device, wherein the target phase difference is determined from a plurality of the phase differences determining that at least one transmission path corresponds to one of the phase differences (para 48, first phase information includes N*(N−1) phase differences, or N−1 phase differences. The N*(N−1) phase differences are the phase differences between the phases respectively corresponding to the N reference signal resources, and the N−1 phase differences are phase differences between the first reference phase); or
transmitting phase deflection values corresponding to the plurality of the transmission paths to the network device determining that at least one transmission path corresponds to one of the phase deflection values (para 81, phase differences between the second reference phase and the phases respectively corresponding to the second reference signal resources, para 238, phase differences between a second reference phase and each of phases respectively corresponding to the second reference signal resources).
Regarding claim 4, Luo discloses the method according to claim 3, wherein the method further comprises: determining a Doppler shift corresponding to each of the transmission paths; determining a target Doppler shift from a plurality of the Doppler shifts; and determining a phase difference corresponding to the target Doppler shift from a plurality of the phase differences, and using corresponding phase difference as the target phase difference (para 393, Doppler spread (Doppler spread), a Doppler shift (Doppler shift), receive antenna spatial correlation parameter, and a transmit antenna spatial correlation parameter).
Luo fails to disclose the determining a target Doppler shift from a plurality of the Doppler shifts comprises at least one of the following: determining a maximum Doppler shift from the plurality of the Doppler shifts, wherein the maximum Doppler shift is used as the target Doppler shift; or determining an average Doppler shift from the plurality of the Doppler shifts, wherein the average Doppler shift is used as the target Doppler shift.
In analogous art, Li more specifically discloses the determining a target Doppler shift from a plurality of the Doppler shifts comprises at least one of the following: determining a maximum Doppler shift from the plurality of the Doppler shifts, wherein the maximum Doppler shift is used as the target Doppler shift; or determining an average Doppler shift from the plurality of the Doppler shifts, wherein the average Doppler shift is used as the target Doppler shift (para 77, a difference of a carrier phase, a measurement quality of the difference of a carrier phase, Doppler measurement value, carrier phase measurement results of multicarrier, measurement qualities of phase measurement results of the multicarrier, direction indication information, time information during measurements or information on transmission reception points, para 78, Doppler measurement value and direction indication information obtained based on the carrier phase measurement values or the carrier phase change measurement value, para 139, measurement quality of the Doppler measurement values; or measurement quality of NR carrier phase measurement values for multiple carriers).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of beam generation method to improve performance of communication between an access network device and a terminal device disclosed by Luo for reporting of a carrier phase measurement value is realized, carrier phase positioning precision is improved as taught by Li to use positioning measurement device measure the positioning reference signals transmitted by transmitting terminal based on configuration of the LMF, obtain positioning measurement values from positioning reference signal, and report the positioning measurement values to the LMF [Li, paragraph 43].
Regarding claim 6, Luo discloses the method according to claim 3, wherein the transmitting phase differences corresponding to a plurality of the transmission paths to the network device separately comprises: quantifying each of the phase differences based on a first bit number, and obtaining a first quantified result value corresponding to each of the phase differences; generating a first indication message according to a plurality of the first quantified result values; and transmitting the first indication message to the network device (para 15, phase information includes a phase differences between a first reference phase and a phase corresponding to each of the N reference signal resources, para 48, phase information includes N*(N−1) phase differences, or N−1 phase differences. The N*(N−1) phase differences s are the phase differences between the phases respectively corresponding to the N reference signal resources).
Regarding claim 7, Luo discloses the method according to claim 3, wherein the transmitting a target phase difference to the network device comprises: quantifying the target phase difference based on a first bit number, and obtaining a second quantified result value; generating a second indication message according to the second quantified result value; and transmitting the second indication message to the network device (para 26, transmit beams that are corresponding to reference signal resources used for beam management and that combined by terminal device; and information about a quantization capability of quantizing first phase information by terminal device, para 57, terminal device add, to capability information, maximum quantity of transmit beams that combined by terminal device and quantization capability information).
Regarding claim 9, Luo discloses the method according to claim 3, wherein the transmitting phase deflection values corresponding to a plurality of the transmission paths to the network device comprises: processing each of the phase deflection values, and obtaining each corresponding first target processing value; processing each of the phase deflection values, and obtaining each corresponding second target processing value; quantifying each of the first target processing values based on a second bit number, and obtaining each corresponding third quantified result value (para 138, reference signal resources used for beam management and that can be combined by the terminal device; and information about a quantization capability of quantizing the first phase information by terminal device, para 214, information about a quantization capability of quantizing first phase information by the terminal device);
quantifying each of the second target processing values based on a third bit number, and obtaining each corresponding fourth quantified result value; generating third indication messages according to the third quantified result values and the corresponding fourth quantified result values; and transmitting a plurality of the third indication messages to the network device (para 57, maximum quantity of transmit beams that can be combined by the terminal device and the quantization capability information, so that the access network device configures a proper resource configuration and a proper reporting manner for the terminal device, para 470, RSRP are reported by using a four-bit relative difference quantization method).
Regarding claim 10, Luo discloses the method according to claim 2, wherein after the transmitting the phase information to a network device, the method further comprises: determining a reference offset direction according to the Doppler shift; quantifying the reference offset direction based on a fourth bit number, and obtaining a fifth quantified result value; generating a fourth indication message according to the fifth quantified result value; and transmitting the fourth indication message to the network device (para 542, terminal device measures the N reference signal resources used to synthesize the first transmit beam, to obtain the time-frequency offset, para 470, The terminal device reports, by using absolute value quantization method, are reported by using a four- bit relative difference quantization method, para 473, The Differential Phase is reported to access network device by using four bits, each phase difference occupies four bits in the message).
Regarding claim 11, Luo discloses the method according to claim 2, further comprising: obtaining a time difference, wherein the time difference and the Doppler shift are configured to determine the phase difference of the transmission path; and transmitting the time difference to the network device; wherein the time difference is obtained by at least one of the following: receiving the time difference transmitted by the network device; determining a Doppler spread of the terminal device, and determining the time difference according to the Doppler spread; determining the time difference according to the tracking reference signal; and obtaining a preset time difference (para 15, phase information includes a phase difference between a reference phase and a phase corresponding to each of N reference signal resource, para 48, phase information includes N*(N−1) phase differences, or N−1 phase differences. The N*(N−1) phase differences are phase differences between phases corresponding to N reference signal resources, and N−1 phase differences are phase differences between reference phase and phases respectively corresponding to N reference signal resources, para 393, network generates transmit beam matches channel condition, Doppler shift).
Regarding claim 17, Luo discloses the method according to claim 2, wherein the determining a phase deflection value of the transmission path according to the Doppler shift comprises: obtaining a third descriptor value; and processing the Doppler shift according to the third descriptor value, and obtaining the phase deflection value of the transmission path (para 393, Doppler shift and a spatial reception parameter (spatial Rx parameters and an AOD spread, a receive antenna spatial correlation parameter, and a transmit antenna spatial correlation parameter). Regarding claim 18, Luo discloses a method for transmitting information, performed by a network device (para 389, FIG. 1 The communication system includes one or more access network devices 100 and one or more terminal devices 101 and a terminal device 102), comprising:
transmitting a tracking reference signal to a terminal device (para 11, terminal device reports the phase information and transmit between the terminal device and the access network device, para 68, transmit phase information and RSRPs corresponding to the reference signal resources).;
receiving phase information of a transmission path transmitted by the terminal device (para 542, terminal device measures a tracking reference signal that is sent by the access network device); and
determining channel information according to the phase information (para 544, terminal device measures reference signal resources, to obtain phase information of the reference signal resources).
Even though Luo disclose transmitting the phase information to a network device [068], In analogous art, Li more specifically discloses transmitting the phase information to a network device (para 77, a difference of a carrier phase, a measurement quality of the difference of a carrier phase, Doppler measurement value, carrier phase measurement results of multicarrier, measurement qualities of phase measurement results of the multicarrier, direction indication information, time information during measurements or information on transmission reception points).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of beam generation method to improve performance of communication between an access network device and a terminal device disclosed by Luo for reporting of a carrier phase measurement value is realized, carrier phase positioning precision is improved as taught by Li to use terminal to sends uplink positioning reference signals, which measure positioning reference signals, and gNB determines a positioning measurement value and reports positioning measurement value to LMF [Li, paragraph 35].
Regarding claim 19, Luo discloses the method according to claim 18, wherein the determining channel information according to the phase information comprises: determining a Doppler shift of the transmission path according to the phase information; and determining the channel information according to the Doppler shift (para 542, terminal device measures a tracking reference signal that is sent by network device and corresponding to reference signal resource or terminal device measures reference signal resources used to synthesize the first transmit beam, para 393, one or more of the following parameters may be further included: a delay spread (delay spread), a Doppler spread (Doppler spread), a Doppler shift (Doppler shift), an average delay (average delay), an average gain, and a spatial reception parameter).
Regarding claim 23, Luo discloses the method according to claim 18, further comprising: receiving a fourth indication message transmitted by the terminal device, wherein the fourth indication message comprises a fifth quantified result value, the fifth quantified result value is obtained by quantifying a reference offset direction based on a fourth bit number, and the reference offset direction is determined based on a Doppler shift; determining the reference offset direction according to the fifth quantified result value; and conducting target processing on the reference offset direction (para 48, first phase information includes N*(N−1) phase differences, or N−1 phase differences. The N*(N−1) phase differences are the phase differences between the phases respectively corresponding to the N reference signal resources, and the N−1 phase differences are phase differences between the first reference phase, para 238, phase differences between a second reference phase and each of phases respectively corresponding to the second reference signal resources).
Regarding claim 24, Luo discloses the method according to claim 19, wherein the phase information comprises a phase difference of the transmission path, or a phase deflection value of the transmission path; and the determining a Doppler shift of the transmission path according to the phase information comprises at least one of the following: determining a Doppler shift of the transmission path according to the phase difference of the transmission path (para 14, phase information includes phase differences between phases respectively corresponding to the N reference signal resources, para 16 phase difference between the first reference phase and a phase corresponding to each of the N reference signal resources. This manner can adapt to an existing RSRP reporting manner in a beam management process); or,
determining a Doppler shift of the transmission path according to the phase deflection value of the transmission path; wherein the determining a Doppler shift of the transmission path according to the phase difference of the transmission path comprises: obtaining a time difference; and determining a Doppler shift of the transmission path according to the time difference and the phase difference (para 81, phase differences between the second reference phase and the phases respectively corresponding to the second reference signal resources, para 238, phase differences between a reference phase and each of phases respectively corresponding to reference signal resources, para 14, phase information includes phase differences between phases respectively corresponding to the N reference signal resources).
Regarding claim 31, Luo discloses the method according to claim 24, wherein the determining a Doppler shift of the transmission path according to the phase deflection value of the transmission path comprises: obtaining a third descriptor value; and processing the phase deflection value according to the third descriptor value, and obtaining the Doppler shift of the transmission path (para 81, phase differences between the second reference phase and the phases respectively corresponding to the second reference signal resources, para 238, phase differences between a second reference phase and each of phases respectively corresponding to the second reference signal resources).
Regarding claim 34, Luo discloses a communication apparatus (para 389, FIG. 1 The communication system includes one or more access network devices 100 and one or more terminal devices 101 and a terminal device 102), comprising one or more processors and a memory, wherein a computer program is stored in the memory, and the one or more processors are collectively configured to execute the computer program stored in the memory, so as to cause the communication apparatus to perform (para 347, communication apparatus includes a processor and a memory. The memory stores a computer program or computer instructions, and the processor is further configured to invoke and run the computer program);
receiving a tracking reference signal (para 542, terminal device measures a tracking reference signal that is sent by the access network device);
determining phase information of a transmission path according to the tracking reference signal (para 544, terminal device measures reference signal resources, to obtain phase information of the reference signal resources); and
transmitting the phase information to a network device (para 11, terminal device reports the phase information and transmit between the terminal device and the access network device, para 68, transmit phase information and RSRPs corresponding to the reference signal resources).
Even though Luo disclose transmitting the phase information to a network device [068], In analogous art, Li more specifically discloses transmitting the phase information to a network device (para 77, a difference of a carrier phase, a measurement quality of the difference of a carrier phase, Doppler measurement value, carrier phase measurement results of multicarrier, measurement qualities of phase measurement results of the multicarrier, direction indication information, time information during measurements or information on transmission reception points).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of beam generation method to improve performance of communication between an access network device and a terminal device disclosed by Luo for reporting of a carrier phase measurement value is realized, carrier phase positioning precision is improved as taught by Li to use terminal to sends uplink positioning reference signals, which measure positioning reference signals, and gNB determines a positioning measurement value and reports positioning measurement value to LMF [Li, paragraph 35].
Regarding claim 35, Luo discloses a communication apparatus, comprising one or more processors and a memory, wherein a computer program is stored in the memory, and the one or more processors are collectively configured to execute the computer program stored in the memory, such that the method according to claim 18 is executed by the communication apparatus (para 351, communication apparatus includes a processor and a memory. The memory stores computer program or computer instructions, and processor configured to run computer program or computer instructions stored in the memory).
Regarding claim 38, Luo discloses a non-transitory computer-readable storage medium, configured to store an instruction, wherein determining that the instruction is executed, the method according to claim 1 is implemented (para 357, communication apparatus includes a processor and a memory, the memory stores a computer program or computer instructions, and the processor is further configured to run the computer program or the computer instructions stored in the memory).
Allowable Subject Matter
8. Claims 13 and 20 q43 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can normally be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/Primary Examiner, Art Unit 2688
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