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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on September 26, 2024 and November 6, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-9, 12-15 and 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mayya et al, U.S. Patent Application Publication No. 20220386267 A1 (hereinafter Zhang).
Regarding Claim 1, Zhang discloses a wireless communication method, comprising: receiving, by a first wireless device from a second device, a request message that requests the first wireless device to report at least a path phase of a channel path (e.g., ¶ [0007] positioning management network element sends a positioning measurement request to a positioning measurement network element; e.g., ¶ [0009] positioning measurement request may include… time domain information, or frequency domain information. The reference signal configuration information is used to indicate configuration information of a reference signal used during channel state measurement; e.g., ¶ [0013] time domain channel state information may include… a phase of each of the reported paths; e.g., ¶ [0014] frequency domain channel state information may include… a phase of each of the reported subcarriers); and transmitting, to the second device and in response to the request message, the path phase of the channel path (e.g., ¶ [0013] time domain channel state information may include… a phase of each of the reported paths; e.g., ¶ [0014] frequency domain channel state information may include… a phase of each of the reported subcarriers).
Regarding Claim 2, Zhang discloses all the limitations of the method of claim 1.
Zhang discloses wherein the request message requests the first wireless device to report the path phase, a path timing, and a path power of the channel path, and wherein the first wireless device transmits a set of data comprising the path phase, the path timing, and the path power in response to the request message (e.g., ¶ [0013] [0030] [0040] [0053] the time domain channel state information may include one or more of the following information: a total quantity of reported paths, a delay of each of the reported paths, amplitude of each of the reported paths, power of each of the reported paths, or a phase of each of the reported paths).
Regarding Claim 3, Zhang discloses all the limitations of the method of claim 2.
Zhang discloses wherein the first wireless device includes a communication device (e.g., FIGS. 1, 2; ¶ [0007] positioning management network element sends a positioning measurement request to a positioning measurement network element; e.g., ¶ [0093] the positioning apparatus may be a terminal device, for example, a mobile phone, or may be a chip (system) that may be disposed in the foregoing terminal device or another component that has a function of the terminal device. This is not limited in this application; e.g., ¶ [0126] send a positioning measurement request to the SgNB and/or the NgNB, and receive a positioning measurement response from the SgNB and/or the NgNB).
[0102] According to a ninth aspect, a communication system that can be configured to locate a terminal device is provided. The communication system includes a to-be-positioned terminal device, a positioning management network element, and a positioning measurement network element. The positioning management network element may be an LMF network element, an E-SMLC, a positioning server, a navigation server, or the like. The positioning measurement network element may include the terminal device, an access network element, or the like. The access network element may include a serving access network element of the terminal device, for example, an SgNB, and/or a neighbor access network element of the serving access network element, for example, an NgNB. For examples of the terminal device and each access network element, refer to the following embodiments of the communication system. Details are not described herein again.
Regarding Claim 4, Zhang discloses all the limitations of the method of claim 3.
Zhang discloses wherein the path power is a downlink reference signal received path power (e.g., ¶ [0022] the terminal device may be positioned with reference to measurement results of downlink reference signals transmitted by the terminal device to a plurality of cells; e.g. ¶ [0023] Optionally, the reference signal configuration information may include configuration information of a downlink reference signal, and the downlink reference signal may be a positioning reference signal PRS or a channel state information reference signal CSI-RS; e.g., ¶ [0187] The reference signal measurement result may include one or more of the following information: reference signal received power (reference signal received power, RSRP) or reference signal received quality (reference signal received quality, RSRQ). In this way, the positioning accuracy may be further improved with reference to the RSRP and/or the RSRQ.
Regarding Claim 7, Zhang discloses a wireless communication method, comprising operations that are functionally similar to those performed by the second device in the method of claim 1. Therefore, the reasoning used in the examination of claim 1 shall be applied to claim 7.
Regarding Claim 8, Zhang discloses all the limitations of the method of claim 7.
The functional limitations of Claim 8 are similar to claim 2. Therefore, the reasoning used in the examination of claim 2 shall be applied to claim 8.
Regarding Claim 9, Zhang discloses all the limitations of the method of claim 8.
Zhang discloses wherein the first wireless device includes a communication device, and wherein the second device includes a location entity (e.g., FIGS. 1, 2; ¶ [0007] positioning management network element sends a positioning measurement request to a positioning measurement network element; e.g., ¶ [0122] The positioning measurement network element receives the positioning measurement request from the positioning management network element; e.g., ¶ [0123] The positioning management network element may be a location management function LMF network element, a location management unit LMU, a location management center LMC integrated on a RAN side, an evolved serving mobile location center (evolved serving mobile location center, E-SMLC), a positioning server, a navigation server, or the like, or may be a chip (system) that may be disposed in the LMF network element, the E-SMLC, the positioning server, or the navigation server, or another component that has a function of the positioning management network element).
Regarding Claim 12, Zhang discloses an apparatus for wireless communication comprising one or more processors (e.g., ¶ [0092] Optionally, in the sixth aspect, the positioning apparatus may further include a processing module and a storage module. The storage module stores a program or instructions. When the processing module executes the program or the instructions, the positioning apparatus in the sixth aspect is enabled to perform the positioning method in the third aspect) configured to cause the apparatus to perform operations that are functionally similar to those performed by the first device in the method of claim 1. Therefore, the reasoning used in the examination of claim 1 shall be applied to claim 12.
Regarding Claim 13, Zhang discloses all the limitations of the apparatus of claim 13.
The functional limitations of Claim 13 are similar to claim 2. Therefore, the reasoning used in the examination of claim 2 shall be applied to claim 13.
Regarding Claim 14, Zhang discloses all the limitations of the apparatus of claim 13.
The functional limitations of Claim 14 are similar to claim 3. Therefore, the reasoning used in the examination of claim 3 shall be applied to claim 14.
Regarding Claim 15, Zhang discloses all the limitations of the apparatus of claim 14.
The functional limitations of Claim 15 are similar to claim 4. Therefore, the reasoning used in the examination of claim 4 shall be applied to claim 15.
Regarding Claim 17, Zhang discloses an apparatus for wireless communication comprising one or more processors (e.g., ¶ [0092] Optionally, in the sixth aspect, the positioning apparatus may further include a processing module and a storage module. The storage module stores a program or instructions. When the processing module executes the program or the instructions, the positioning apparatus in the sixth aspect is enabled to perform the positioning method in the third aspect) configured to cause the apparatus to perform operations that are functionally similar to those performed by the second device in the method of claim 1. Therefore, the reasoning used in the examination of claim 1 shall be applied to claim 17.
Regarding Claim 18, Zhang discloses all the limitations of the apparatus of claim 17.
The functional limitations of Claim 18 are similar to claim 2. Therefore, the reasoning used in the examination of claim 2 shall be applied to claim 18.
Regarding Claim 19, Zhang discloses all the limitations of the apparatus of claim 18.
The functional limitations of Claim 19 are similar to claim 9. Therefore, the reasoning used in the examination of claim 9 shall be applied to claim 19.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 10, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view Zhou et al, U.S. Patent Application Publication No. 20220113364 A1 (hereinafter Zhou).
Regarding Claim 5, Zhang discloses all the limitations of the method of claim 3.
Zhang does not expressly disclose wherein the set of data comprising the path phase, the path timing, and the path power is transmitted to the second device in a downlink measurement report using a downlink time difference of arrival (DL TDOA) positioning method and/or a Multi-cell round trip time (Multi-RTT) positioning method.
Zhou discloses wherein the set of data comprising the path phase, the path timing, and the path power is transmitted to the second device in a downlink measurement report using a downlink time difference of arrival (DL TDOA) positioning method and/or a Multi-cell round trip time (Multi-RTT) positioning method (e.g., ¶ [0036] Various methods may be used to perform positioning of a User Equipment (UE) 105, e.g., a mobile telephone, in a mobile communications system (e.g., in a 5G New Radio (NR) system). Any such method may be in one of three categories: (i) downlink positioning methods (methods using one or more downlink transmissions, such as downlink Time Difference of Arrival (DL-TDOA) … and (iii) downlink plus uplink (DL+UL) positioning methods (methods using one or more downlink transmissions and one or more uplink transmissions, such as multi round trip time (multi-RTT)).
It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of reporting the path phase, a path timing, and a path power of the channel path, as disclosed by Zhang, with the disclosure of reporting measurements using DL TDOA positioning and/or a Multi-RTT positioning method, as disclosed by Zhou. The motivation to combine would have been to support positioning capable of adapting to line-of-sight and non-line-of sight environments (Zhou: e.g., ¶ [0002]).
Regarding Claim 10, Zhang discloses all the limitations of the method of claim 9.
The functional limitations of Claim 10 are similar to claim 5. Therefore, the reasoning used in the examination of claim 5 shall be applied to claim 10.
Regarding Claim 16, Zhang discloses all the limitations of the apparatus of claim 14.
The functional limitations of Claim 16 are similar to claim 5. Therefore, the reasoning used in the examination of claim 5 shall be applied to claim 16.
Regarding Claim 20, Zhang discloses all the limitations of the apparatus of claim 19.
The functional limitations of Claim 20 are similar to claim 5. Therefore, the reasoning used in the examination of claim 5 shall be applied to claim 20.
Claims 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view Guo et al, U.S. Patent Application Publication No. 20240085512 A1 (hereinafter Guo).
Regarding Claim 6, Zhang discloses all the limitations of the method of claim 3.
Zhang does not expressly disclose wherein, prior to the receiving the request message by the communication device, the communication device transmits to the second device an indication that indicates that the communication device has a capability to report the path phase, and wherein the request message is received in response to transmitting the indication.
Guo discloses wherein, prior to the receiving the request message by the communication device, the communication device transmits to the second device an indication that indicates that the communication device has a capability to report the path phase, and wherein the request message is received in response to transmitting the indication (e.g., FIG. 3A, step 301; ¶ [0035] UE can indicate its capability to support reporting the information of LOS or NLOS for one positioning measurements; e.g., FIG. 3A, step 303; ¶ [0039] [0041] Upon the requesting from the location server, the UE can calculate the NLOS/LOS measurement for DL AoD location measurement and then report the NLOS/LOS measurement for each reported DL AoD location measurement result).
It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of reporting the path phase, a path timing, and a path power of the channel path, as disclosed by Zhang, with the disclosure of reporting capability of reporting positioning related measurements, as disclosed by Zhou. The motivation to combine would have been to support positioning capable of adapting to line-of-sight and non-line-of sight environments (Guo: e.g., ¶ [0008]).
Regarding Claim 11, Zhang discloses all the limitations of the method of claim 9.
The functional limitations of Claim 11 are similar to claim 6. Therefore, the reasoning used in the examination of claim 6 shall be applied to claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References considered relevant to this application are listed in the attached "Notice of References Cited” (PTO-892).
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/VLADISLAV Y AGUREYEV/Examiner, Art Unit 2471
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