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 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.
Claims 1-30 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) 1-30 is/are directed to Abstract Idea such as mathematical concepts 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 or mathematical concepts or mathematical calculations.
The apparatus and the method claim 1, 13, 14 and 23 recites limitation for example claim 1, 13 recites, “receive a first indication of coherent group positioning aggregation (CGPA), wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference; receive a second indication of an association between a set of reference signals (RSs) and one or more CGPAs, wherein the association maps each of the set of RSs to one of the one or more CGPAs; and perform a set of positioning measurements for the set of RSs based on the association between the set of RSs and the one or more CGPAs”, claim 14 and 23 recites “receive a first indication of coherent group positioning aggregation (CGPA), wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference; transmit a second indication of an association between a set of reference signals (RSs) and one or more CGPAs, wherein the association maps each of the set of RSs to one of the one or more CGPAs; and transmit a set of RSs based on the association between the set of RSs and the one or more CGPAs”. 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 1 and 13 recites receive a first indication of coherent group positioning aggregation (CGPA); receive a second indication of an association between a set of reference signals (RSs) and one or more CGPAs, and perform a set of positioning measurements for the set of RSs based on the association between the set of RSs and the one or more CGPAs. The receiving the first indication and receiving the second indication which can be refer to as first and second data by taking existing information and then performing a set of positioning measurement for the set of RS base on the association between the set of RS and the one or more CGPAs i.e., organizing this information into a new form recited in the claim is no more than an abstract idea i.e., mathematical concept which according to MPEP recites It is important to note that a mathematical concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula." In re Grams, 888 F.2d 835, 837 and n.1, 12 USPQ2d 1824, 1826 and n.1 (Fed. Cir. 1989). See, e.g., SAP America, Inc. v. InvestPic, LLC, 898 F.3d 1161, 1163, 127 USPQ2d 1597, 1599 (Fed. Cir. 2018) (holding that claims to a ‘‘series of mathematical calculations based on selected information’’ are directed to abstract ideas); Digitech Image Techs., LLC v. Elecs. for Imaging, Inc., 758 F.3d 1344, 1350, 111 USPQ2d 1717, 1721 (Fed. Cir. 2014) (holding that claims to a ‘‘process of organizing information through mathematical correlations’’ are directed to an abstract idea); and Bancorp Servs., LLC v. Sun Life Assurance Co. of Can. (U.S.), 687 F.3d 1266, 1280, 103 USPQ2d 1425, 1434 (Fed. Cir. 2012) (identifying the concept of ‘‘managing a stable value protected life insurance policy by performing calculations and manipulating the results’’ as an abstract idea) (See MPEP 2106.04 (a)(2), etc. (Step 2A: Prong One Abstract Idea=Yes).
Similarly, claim 14 and 23 recites receive a first indication of coherent group positioning aggregation (CGPA); transmit a second indication of an association between a set of reference signals (RSs) and one or more CGPAs; and transmit a set of RSs based on the association between the set of RSs and the one or more CGPAs.
The receiving the first indication and transmitting the second indication which can be refer to as first and second data and then transmitting a set of RS base on the association between the set of RS and the one or more CGPAs i.e., organizing this information into a new form recited in the claim is no more than an abstract idea i.e., mathematical concept which according to MPEP recites It is important to note that a mathematical concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula." In re Grams, 888 F.2d 835, 837 and n.1, 12 USPQ2d 1824, 1826 and n.1 (Fed. Cir. 1989). See, e.g., SAP America, Inc. v. InvestPic, LLC, 898 F.3d 1161, 1163, 127 USPQ2d 1597, 1599 (Fed. Cir. 2018) (holding that claims to a ‘‘series of mathematical calculations based on selected information’’ are directed to abstract ideas); Digitech Image Techs., LLC v. Elecs. for Imaging, Inc., 758 F.3d 1344, 1350, 111 USPQ2d 1717, 1721 (Fed. Cir. 2014) (holding that claims to a ‘‘process of organizing information through mathematical correlations’’ are directed to an abstract idea); and Bancorp Servs., LLC v. Sun Life Assurance Co. of Can. (U.S.), 687 F.3d 1266, 1280, 103 USPQ2d 1425, 1434 (Fed. Cir. 2012) (identifying the concept of ‘‘managing a stable value protected life insurance policy by performing calculations and manipulating the results’’ as an abstract idea) (See MPEP 2106.04 (a)(2), etc. (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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per independent claim 1, 13, 14, and 23, applicant is claiming receive a first indication of coherent group positioning aggregation (CGPA) and then second limitation where applicant is claiming receive/transmit second indication of …. and one or more CGPAs. It is not clear if second indication of …. and one or more CGPAs is associated with the CGPA that was received during first indication or is it completely a different CGPA.
As per independent claims 1, 13, 14, and 23 the claim relates to
“receive/transmit a first indication of coherent group positioning aggregation (CGPA), wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference;
receive/transmit a second indication of an association between a set of reference signals (RSs) and one or more CGPAs, wherein the association maps each of the set of RSs to one of the one or more CGPAs; and
receive/transmit or perform a set of positioning measurements for the set of RSs based on the association between the set of RSs and the one or more CGPAs.
For example, claim 1, 13, 14, and 23 relates to an apparatus for wireless communication at a UE. However, there is no correlation between the steps of:
a) receive/transmit a first indication of coherent group positioning aggregation (CGPA), wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference,
b) receive/transmit a second indication of an association between a set of reference signals (RSs) and one or more CGPAs, wherein the association maps each of the set of RSs to one of the one or more CGPAs.
Therefore, the intended limitations show no correlation between the steps because in step a) it only discloses receiving/transmitting first indication of CGPA i.e., Step a) of the claim does not positively recite as a step of the method or apparatus but instead considered to merely be an intended use. In addition, that’s the only place where the CGPA is received as a first indication so it is not clear why the procedure of receiving the first indication is performed if it is not used at all in the claim. Further, the method of ‘causing to access’, ‘causing a negotiation’, and ‘causing a transfer’ may make use of the suitable connection information as claimed, but the actual origin of the suitable connection information (or how it is determined) is not recited as being within the scope of the claim. Then in Step b) second indication is received/transmitted in which the associated between a set of RS with a new one or more CGPA and that information is used to perform set of positioning measurements. Therefore, the above claim is not only vague but also unclear for one having ordinary skill in the art to understand the invention as a whole.
As per claim 6, 17, and 28, applicant is claiming “wherein the one or more transmission properties further include a standard deviation of the at least one of: the phase slope parameter, the phase offset parameter, the amplitude offset, the maximum timing coherency, or the transmission time difference”, however, in claim 1 applicant is suggesting that “receive a first indication of coherent group positioning aggregation (CGPA), wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference”. So if examiner selects phase slope parameter as one of the transmission properties than how dependent claims where the one or more transmission properties further include standard deviation of phase offset parameter, the amplitude offset, the maximum timing coherency or the transmission time difference. The claim is vague and indefinite and difficult for one having ordinary skill in the art to understand the invention.
As per claim 23, applicant is claiming “transmit or receive first indication ….; transmit or receive a second indication and then transmit or receive the set of RS”, it is not clear what applicant is trying to claim because it create eight different scenario and it create uncertainty as to the limiting character of said feature and hence renders the scope of said claim unclear.
Further, dependent claims do not overcome the deficiency of the 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manolakos et al. Pub. No. US 20210185632 A1
Regarding Claim 1, Manolakos teaches an apparatus for wireless communication at a user equipment (UE) (Fig. 14 and Fig. 20 Unit 115, UE), comprising: a memory (Fig. 20 Unit 2004, memory); and at least one processor (Fig. 20 Unit 2002, processing Unit) coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to (Fig. 20 Unit 2006 and Para 214, UE 115, enabled to support positioning of the UE using aggregated DL or SL PRS, as described herein. UE 115 may, for example, include one or more processors 2002, memory 2004, an external interface such as a transceiver 2010 (e.g., wireless network interface), which may be operatively coupled with one or more connections 2006 (e.g., buses, lines, fibers, links, etc.) to non-transitory computer readable medium 2020 and memory 2004):
receive a first indication of (Para 155 and fig. 14 Stage 3, the location server 196 may send an LPP Provide Assistance Data message to the UE 115 to provide positioning assistance data to configure the UE 115 to acquire and process aggregated DL PRS transmissions i.e., receive a first indication of coherent group positioning aggregation (CGPA) coherent group positioning aggregation (CGPA) (Para 149-150, each PRS component in an aggregated PRS may be transmitting with a different transmission power, e.g., EPRE, because PRS components may be physically located on a different component carrier and/or band. Accordingly, an indication of the relative transmission power between the PRS components in an aggregated PRS from the same TRP may be provided to the receiving entity) wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference (Para 155, the UE 115 to acquire and process aggregated DL PRS transmissions from TRP1 105a, TRP2 105b, and TRPS 105c, e.g., the assistance data may include the configuration for the aggregated DL PRS for each of the TRPs. If the UE 115 is expected to perform the location calculation, e.g., in a UE based positioning procedure, the assistance data may include the physical locations of the TRPs i.e., CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference);
receive a second indication (Fig. 14 Stage 4 and Para 156, the location server 196 may send an LPP Request Location Information message to the UE 115 i.e., receive a second indication) of an association between a set of reference signals (RSs) and one or more CGPAs (Para 150, When the receiving entity receives aggregated PRS, in order to benefit from the higher accuracy from jointly processing the PRS components, the receiving entity may measure the aggregated PRS instance when the constraints on the configuration of the PRS components are the same or similar, e.g., within a predetermined threshold. If the constraints on the configuration of the PRS components in an aggregated PRS instance are not the same or similar, the PRS components are not aligned, and accordingly, the receiving entity may process the PRS components separately. Thus, the PRS components of an aggregated PRS to be processed jointly should have the same or similar, e.g., within a predetermined threshold, constraints including one or more of symbol indices that are not separated by more than a predefined number of symbols (e.g., 14 number of symbols), slot indices that are not separated by more than a predefined number of slots (e.g., 10 number of slots), frames that are not separated by more than a predefined number of frames (e.g., 10 number of frames), subframes that are not separated by more than a predefined number of subframes (e.g., 10 number of subframes), a same periodicity, a same comb type, a same number of symbols, a same quasi-colocation (QCL) information, a “Start PRB” that is within a predefined threshold (e.g., the difference may not be more than 24 PRBs), a same subcarrier spacing, a same cyclic prefix (CP), a same muting configuration, and bandwidths that are within a predefined threshold (e.g., the ratio between the maximum bandwidth to the minimum bandwidth may not be more than 2)), wherein the association maps each of the set of RSs to one of the one or more CGPAs (Para 156, the location server 196 may send an LPP Request Location Information message to the UE 115 to request the UE 115 to measure DL PRS transmission from the TRPs. For example, the location server 196 may request measurements of RSTD, if OTDOA is used, or other types of measurements. The location server 196 may also indicate whether UE based positioning is requested whereby the UE 115 determines its own location i.e., association between a set of reference signals (RSs) and one or more CGPAs, wherein the association maps each of the set of RSs to one of the one or more CGPAs); and
perform a set of positioning measurements for the set of RSs based on the association between the set of RSs and the one or more CGPAs (Fig. 14 Stage 8 and Para 163, the UE 115 may perform the desired position measurements using the acquired and processed aggregated DL PRS received from TRP1 105a, TRP2 105b and TRP3 105c. The UE 115, for example, may perform downlink based positioning measurements, such as TOA, RSTD, OTDOA, Rx-Tx, or RSRP, etc., or downlink and uplink based positioning methods, e.g., RTT if uplink reference signals are used i.e., perform a set of positioning measurements for the set of RSs based on the association between the set of RSs and the one or more CGPAs).
Regarding Claim 2, Manolakos teaches wherein the at least one processor is configured to: receive the set of RSs based on the association between the set of RSs and the one or more CGPAs (Para 150 and 156).
Regarding Claim 3, Manolakos teaches wherein the at least one processor is configured to: transmit at least one of: the set of positioning measurements or a location estimate associated with the UE based on the set of positioning measurements (Para 165).
Regarding Claim 4, Manolakos teaches wherein each CGPA of the one or more CGPAs is associated with a CGPA identifier (ID) (Para 125).
Regarding Claim 5, Manolakos teaches wherein each CGPA of the one or more CGPAs is associated with one or more positioning reference signal (PRS) resources, one or more PRS resource sets, one or more positioning frequency layers (PFLs), or a combination thereof (Fig. 4 and Para 125).
Regarding Claim 6, Manolakos teaches wherein the one or more transmission properties further include a standard deviation of the at least one of: the phase slope parameter, the phase offset parameter, the amplitude offset, the maximum timing coherency, or the transmission time difference (Para 155).
Regarding Claim 7, Manolakos teaches wherein the amplitude offset or the phase offset parameter is frequency dependent or is valid for a defined frequency range (Para 157).
Regarding Claim 8, Manolakos teaches wherein the set of RSs corresponds to a plurality of bandwidth parts (BWPs) for a same component carrier (CC), multiple contiguous CCs, or non-contiguous CCs in a same band, or wherein the set of RSs corresponds to the plurality of BWPs for multiple CCs across different bands (Para 157).
Regarding Claim 9, Manolakos teaches wherein the at least one processor is configured to: transmit at least one capability of the UE for the CGPA to at least one of a base station, a location management function (LMF), a location server, or a second UE, wherein the first indication is received based on the at least one capability of the UE (Para 135).
Regarding Claim 10, Manolakos teaches wherein the at least one capability of the UE is transmitted in a band of at least one band combination, or wherein the at least one capability of the UE is transmitted for each band pair combination of at least one band pair combination (Para 152).
Regarding Claim 11, Manolakos teaches wherein the at least one capability of the UE is transmitted based on the UE meeting a minimum specification for supporting the CGPA (Para 154).
Regarding Claim 12, Manolakos teaches wherein the set of RSs are downlink (DL) positioning reference signals (PRSs), sidelink (SL) reference signals, or a combination thereof, and wherein the set of positioning measurements is associated with a UE-assisted positioning session or a UE-based positioning session (Para 152).
Regarding Claim 13, it has been rejected for the same reasons as claim 1.
Regarding Claim 14, Manolakos teaches an apparatus for wireless communication at a user equipment (UE) (Fig. 14 and 15 and Fig. 20 Unit 115, UE), comprising: a memory (Fig. 20 Unit 2004, memory); and at least one processor (Fig. 20 Unit 2002, processing Unit) coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to (Fig. 20 Unit 2006 and Para 214, UE 115, enabled to support positioning of the UE using aggregated DL or SL PRS, as described herein. UE 115 may, for example, include one or more processors 2002, memory 2004, an external interface such as a transceiver 2010 (e.g., wireless network interface), which may be operatively coupled with one or more connections 2006 (e.g., buses, lines, fibers, links, etc.) to non-transitory computer readable medium 2020 and memory 2004):
receive a first indication of coherent group positioning aggregation (CGPA), wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference; receive a first indication of (Para 155 and fig. 14 Stage 3, the location server 196 may send an LPP Provide Assistance Data message to the UE 115 to provide positioning assistance data to configure the UE 115 to acquire and process aggregated DL PRS transmissions i.e., receive a first indication of coherent group positioning aggregation (CGPA) coherent group positioning aggregation (CGPA) (Para 149-150, each PRS component in an aggregated PRS may be transmitting with a different transmission power, e.g., EPRE, because PRS components may be physically located on a different component carrier and/or band. Accordingly, an indication of the relative transmission power between the PRS components in an aggregated PRS from the same TRP may be provided to the receiving entity) wherein the CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference (Para 155, the UE 115 to acquire and process aggregated DL PRS transmissions from TRP1 105a, TRP2 105b, and TRPS 105c, e.g., the assistance data may include the configuration for the aggregated DL PRS for each of the TRPs. If the UE 115 is expected to perform the location calculation, e.g., in a UE based positioning procedure, the assistance data may include the physical locations of the TRPs i.e., CGPA is associated with one or more transmission properties that include at least one of: a phase slope parameter, a phase offset parameter, an amplitude offset, a maximum timing coherency, or a transmission time difference);
transmit a second indication of an association between a set of reference signals (RSs) and one or more CGPAs, wherein the association maps each of the set of RSs to one of the one or more CGPAs (Para 172 and Fig. 15 Stage 5a, the UE 115 transmits a number of PRS components, illustrated with separate arrows, for an aggregated UL PRS transmission to the TRPs 105. The UE 115 may continue to periodically transmit the PRS components until the requested end time or until transmission is canceled or reconfigured by the location server 196); and
transmit a set of RSs based on the association between the set of RSs and the one or more CGPAs (Fig. 15 Stage 6a and Para 176, the UE transmits a number of PRS components, illustrated with separate arrows, for an aggregated UL PRS transmission to the TRPs 105).
Regarding Claim 15, Manolakos teaches wherein the at least one processor is configured to: receive a configuration for the set of RSs based on the association between the set of RSs and the one or more CGPAs, and wherein the set of RSs is transmitted based on the configuration(Para 150 and 156).
Regarding Claim 16, it has been rejected for the same reasons as claim 4.
Regarding Claim 17, it has been rejected for the same reasons as claim 6.
Regarding Claim 18, it has been rejected for the same reasons as claim 7.
Regarding Claim 19, it has been rejected for the same reasons as claim 9.
Regarding Claim 20, it has been rejected for the same reasons as claim 10.
Regarding Claim 21, it has been rejected for the same reasons as claim 11.
Regarding Claim 22, it has been rejected for the same reasons as claim 12.
Regarding Claim 23, it has been rejected for the same reasons as claim 14.
Regarding Claim 24, it has been rejected for the same reasons as claim 15.
Regarding Claim 25, Manolakos teaches wherein the network node transmits the set of RSs based on the association between the set of RSs and the one or more CGPAs, and wherein the at least one processor is configured to: receive at least one of: a set of positioning measurements for the set of RSs or a location estimate associated with a user equipment (UE) (Para 170).
Regarding Claim 26, it has been rejected for the same reasons as claim 4.
Regarding Claim 27, it has been rejected for the same reasons as claim 5.
Regarding Claim 28, it has been rejected for the same reasons as claim 6.
Regarding Claim 29, it has been rejected for the same reasons as claim 8.
Regarding Claim 30, it has been rejected for the same reasons as claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou et al. Patent No. US 12000944 B2 - Positioning system with NLOS identification and multipath mitigation
Manolakos et al. Patent No. US 11991108 B2 - Receive-signal path allocation for multiple positioning frequency layer processing
Cha et al. Patent No. US 11979845 B2 - Method for transmitting and receiving signal in wireless communication system and apparatus supporting same
Qi Patent No. US 11882501 B2 - COHERENT CARRIER AGGREGATION FOR POSITIONING
Lin et al. Pub. No. US 20210368297 A1 - AGGREGATED POSITIONING SIGNAL PROCESSING MANAGEMENT
WO 2022079694 A2 - METHODS FOR AGGREGATING DOWNLINK POSITIONING REFERENCE SIGNALS
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647
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