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 .
This office action is in response to Pre-Amendment filed on Oct. 28, 2024.
Claims 13, 18 and 21-24 have been canceled.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 20 and 25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 18 and 23 respectively of copending Application No. 18/861078. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 1-12, 14-17 and 19 are rejected as being dependent on independent claim 1.
Application 18/861,042
Application 18/861,078
Claim 1.
A first terminal, comprising: a receiver that receives, from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained; and a processor configured to: determine, based on the configuration parameters, reference information and synchronization information to be used in a SL transmission procedure to obtain the positioning information.
Claim 1.
A first terminal, comprising: a receiver that receives, from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained; and a processor configured to: determine, based on the configuration parameters, a resource allocation pattern to be used in an SL transmission procedure, and implement the resource allocation pattern in accordance with the SL transmission procedure to obtain the positioning information.
Claim 20
A method, comprising: receiving, at a first terminal from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained; and determining, based on the configuration parameters, reference information and synchronization information to be used in a SL transmission procedure to obtain the positioning information.
Claim 18
A method, comprising: receiving, at a first terminal and from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained; determining, at the first terminal and based on the configuration parameters, a resource allocation pattern to be used in an SL transmission procedure, and implementing, at the first terminal, the resource allocation pattern in accordance with the SL transmission procedure to obtain the positioning information.
Claim 25
An integrated circuit configured to cause a first terminal to: receive, from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained; and determine, based on the configuration parameters, reference information and synchronization information to be used in a SL transmission procedure to obtain the positioning information.
Claim 23
An integrated circuit configured to cause a first terminal to: receive, from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained; determine, based on the configuration parameters, a resource allocation pattern to be used in an SL transmission procedure, and implement the resource allocation pattern in accordance with the SL transmission procedure to obtain the positioning information.
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 9, 11-12, 14, 17, 19- 20 and 25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (2024/0155543).
Regarding claim 1, Liu discloses a first terminal (see abstract, fig.1, element 110, and its description), comprising: a receiver that receives, from a second terminal, configuration parameters for a Sidelink (SL) localization procedure in which positioning information of the first terminal is obtained (see abstract, fig.1, elements 110, 120, fig.4, step S401, fig.10, element 1030, paragraphs [0006-0008], [0030], [0033], [0064-0065], [0319-0323] and its description); and a processor (see abstract, fig.10, element 1010, paragraphs [0319-0322] and its description) configured to: determine, based on the configuration parameters, reference information and synchronization information to be used in a SL transmission procedure to obtain the positioning information (see abstract, fig.1, elements 110, 120, fig.4, step S402-S403, fig.10, element 1030, paragraphs [0006-0008], [0030], [0033], [0064-0065], [0069], [0073], [0322] and its description).
Regarding claim 2, Liu further discloses wherein the processor is further configured to: determine, based on the configuration parameters, a resource allocation pattern to be used in the SL transmission procedure, and implement the resource allocation pattern in accordance with the SL transmission procedure to obtain the positioning information (see paragraph [0030]).
Regarding claim 3, Liu further comprising: a transmitter that transmits a broadcasting signal to the second terminal, the broadcasting signal including terminal capability and a communication request, wherein the terminal capability is information regarding one or more transmission and reception capabilities of the first terminal, and wherein the communication request is signaling requesting a start of the localization procedure (see abstract, fig.5, step S502, paragraph [0160] and its description).
Regarding claim 4, Liu further discloses wherein the configuration parameters are received by the first terminal via an SL communication link (see abstract).
Regarding claim 5, Liu further discloses wherein: the second terminal is a base station, and the configuration parameters are determined by the base station via higher layer signaling (see abstract, fig.5, element first terminal, Base station, step S501a, paragraph [0156] and its description).
Regarding claim 6, Liu further discloses wherein: the localization procedure is a Localization Management Function (LMF) localization procedure, and the processor is further configured to: identify that the first terminal is not capable of receiving downlink communication signals from a core network, determine the resource allocation pattern in accordance with an SL-LMF located in the second terminal (see paragraphs [0156], [0160-0161]).
Regarding claim 9, Liu further discloses wherein: when the localization procedure is an SL-Group ID localization procedure, and the processor is further configured to: identify a SL-Channel State Information (CSI) configuration in the configuration parameters, the SL-CSI configuration supporting a power measurement or a quality measurement in a predetermined frequency bandwidth, and determine the resource allocation pattern in accordance with the SL-CSI configuration (see paragraphs [0067-0070]).
Regarding claim 11, Liu further discloses wherein the processor is further configured to determine the resource allocation pattern in accordance with the reference information and the synchronization information (see paragraph [0030]).
Regarding claim 12, Liu further discloses wherein the localization procedure is one of: a Location Management Function (LMF) localization procedure, a Time Difference of Arrival (TDOA) localization procedure, an Angle of Arrival (AoA) localization procedure, an Angle of Departure (AoD) localization procedure, or an SL-Group ID localization procedure (see paragraphs [0156], [0160-0161]).
Regarding claim 14, Liu further discloses wherein: the processor is further configured to: establish a communication link with a third terminal, and identify the second terminal or the third terminal as a positioning reference based on the reference information, and the transmitter is further configured to transmit the reference information and the synchronization information to the second terminal and the third terminal (see paragraphs, [0034], [0042], [0158]).
Regarding claim 17, Liu further discloses wherein: the processor is further configured to: establish a communication link with a third terminal, and identify the second terminal or the third terminal as a positioning reference based on the reference information, the receiver is further configured to receive measurement information from the second terminal and the third terminal, the measurement information being calculated by each of the second terminal and the third terminal based on the reference information and the synchronization information (see paragraphs [0034], [0042], [0158]).
Regarding claim 19, Liu further discloses wherein: the processor is further configured to calculate an absolute location of the first terminal based on the measurement information received from the second terminal and the third terminal (see abstract, paragraphs [0032], [0034].
Regarding claims 20 and 25 recite limitations substantially similar to claim 1. Therefore, these claims were rejected for similar reasons as stated above.
Allowable Subject Matter
Claims 7-8, 10 and 15-16 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.
Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/
Primary Examiner, Art Unit 2647
Prosecution Insights