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 § 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.
(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 1-3, 7-9, 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JIANG et al (US 2022/0369270 A1, IDS).
Regarding claim 1, JIANG et al (US 2022/0369270 A1, IDS) discloses an apparatus (fig. 2, system 200 that includes base station 202 that is wirelessly communicatively coupled to the UE 204, the UE includes UL transceiver 230 coupled to a processor 236 and memory 234, section 0028-0034), comprising: at least one processor (fig. 2, see, processor module 236 coupled to memory module 234, section 0028-0034); and at least one memory storing instructions (fig. 2, memory 234 storing instructions executed by the processor module 236, section 0028-0034), wherein the instructions, when executed by the at least one processor (fig. 2, memory 234 storing instructions executed by the processor module 236, section 0028-0034), cause the apparatus at least to transmit (see, the UE reporting capability to support positioning measurement in frequency layer f in a band b to network (e.g., LMF or gNB), section 0055-0057), a positioning frequency layer capability information (see, UE reports some capabilities to the network (e.g., LMF or gNB), the capabilities per band includes FR1, FR2/frequency layer aggregation,, section 0055-0057, 0065-0067) to a network element (fig. 2, base station 202/LMF/gNB which receives the UE capabilities, section 0055-0057, section 0028-0034); receive a positioning frequency layer aggregation configuration for data collection (see, the second device/UE receives signaling for performing aggregated positioning measurement with respect to first frequency layer and second frequency layer, section 0100-0101, 0103); perform measurement collection (see, the second device/UE performs aggregated positioning measurement by identifying the scheduling that includes PRS resources associated with the frequency positioning layers, section 0100-0101, 0103) from one or more positioning frequency layers (see, the aggregated positioning information in relation first set of frequency layers for calculating aggregated positioning measurement, section 0100-0101) based on the positioning frequency layer aggregation configuration (see, the second device/UE performs aggregated positioning measurement by identifying the scheduling that includes PRS resources associated with the frequency positioning layers, section 0100-0101, 0103); and transmit (see, the UE/second device sends a report to the first wireless device (e.g., LMF or gNB), section 0105) to the network element (see, transmitted report to the first device, the report is based on the second aggregated positioning information identified from the measurements, section 0105), a report of collected measurements (see, measurements for the aggregated measurement report that includes frequency layers of positioning resource set identifiers (PRS-ID), section 0105) and their corresponding labels (see, the aggregated measurements do include indication of the frequency layers, section 0105).
Regarding claim 2, JIANG ‘270 discloses the apparatus according to claim 1, wherein the positioning frequency layer aggregation configuration (see, the first communication device configured first aggregated positioning information for aggregated positioning measurement in first plurality of frequency layers, section 0005-0006) comprises at least one of the following: an identification of positioning frequency layers to be aggregated (see, positioning measurement in F1/frequency layers for aggregated measurement, section 0062, 0100-0102), an identification of at least one subset of positioning frequency layers to be combined for each measurement sample of the collected measurements, labels per positioning frequency layer subset, or a duration of positioning frequency layer combination indicated in each corresponding positioning reference signal setting.
Regarding claim 3, JIANG ‘270 discloses the apparatus according to claim 2, wherein the identification of the at least one subset of positioning frequency layers to be combined comprises a command to report at least one of the following: a joint measurement for all positioning reference layers (see, multiple aggregated frequency layers positioning measurement for the total measurement period, section 0082-0083), a joint measurement for subsets of positioning reference layers, or an individual measurement per positioning reference layer (see, multiple aggregated frequency layers positioning measurement for the total measurement period, section 0082-0083),.
Regarding claim 7, JIANG ‘270 discloses a method (see, the UE reporting capability to support positioning measurement in frequency layer f in a band b to network (e.g., LMF or gNB), section 0055-0057),comprising: transmitting (see, the UE reporting capability to support positioning measurement in frequency layer f in a band b to network (e.g., LMF or gNB), section 0055-0057), a positioning frequency layer capability information (see, UE reports some capabilities to the network (e.g., LMF or gNB), the capabilities per band includes FR1, FR2/frequency layer aggregation,, section 0055-0057, 0065-0067) to a network element (fig. 2, base station 202/LMF/gNB which receives the UE capabilities, section 0055-0057, section 0028-0034); receiving a positioning frequency layer aggregation configuration for data collection (see, the second device/UE receives signaling for performing aggregated positioning measurement with respect to first frequency layer and second frequency layer, section 0100-0101, 0103); performing measurement collection(see, the second device/UE performs aggregated positioning measurement by identifying the scheduling that includes PRS resources associated with the frequency positioning layers, section 0100-0101, 0103) from one or more positioning frequency layers (see, the aggregated positioning information in relation first set of frequency layers for calculating aggregated positioning measurement, section 0100-0101) based on the positioning frequency layer aggregation configuration (see, the second device/UE receives signaling for performing aggregated positioning measurement with respect to first frequency layer and second frequency layer, section 0100-0101, 0103); and transmitting (see, the UE/second device sends a report to the first wireless device (e.g., LMF or gNB), section 0105), to the network element (see, transmitted report to the first device, the report is based on the second aggregated positioning information identified from the measurements, section 0105), a report of collected measurements (see, measurements for the aggregated measurement report that includes frequency layers of positioning resource set identifiers (PRS-ID), section 0105) and their corresponding labels (see, the aggregated measurements do include indication of the frequency layers, section 0105).
Regarding claim 8, JIANG ‘270 discloses method according to claim 7, wherein the positioning frequency layer aggregation configuration (see, the first communication device configured first aggregated positioning information for aggregated positioning measurement in first plurality of frequency layers, section 0005-0006 comprises at least one of the following: an identification of positioning frequency layers to be aggregated (see, positioning measurement in F1/frequency layers for aggregated measurement, section 0062, 0100-0102), an identification of at least one subset of positioning frequency layers to be combined for each measurement sample of the collected measurements, labels per positioning frequency layer subset, or a duration of positioning frequency layer combination indicated in each corresponding positioning reference signal setting.
Regarding claim 9, JIANG ‘270 discloses the method according to claim 8, wherein the identification of the at least one subset of positioning frequency layers to be combined comprises a command to report at least one of the following: a joint measurement for all positioning reference layers (see, multiple aggregated frequency layers positioning measurement for the total measurement period, section 0082-0083), a joint measurement for subsets of positioning reference layers, or an individual measurement per positioning reference layer (see, multiple aggregated frequency layers positioning measurement for the total measurement period, section 0082-0083).
Regarding claim 13, JIANG ‘270 discloses an apparatus (fig. 2, base station/gNG 202 that includes a processor module 214 coupled to memory module 216 and transceiver module 210, section 0027-0034), comprising: at least one processor (fig. 2, processor module 214 coupled to memory module 216, section 0027-0034); and at least one memory storing instructions (fig. 2, the memory module storing instructions executed by the processor module, section 0027-0034), wherein the instructions, when executed by the at least one processor (fig. 2, the memory module storing instructions executed by the processor module, section 0027-0034), cause the apparatus at least to receive (fig. 10, the base station transceiver module receives signaling from the UE, section 0030-0034, the gNB/LMF receives UE capabilities, the UE capabilities per band include see, UE reports some capabilities to the network (e.g., LMF or gNB), the capabilities per band includes FR1, FR2/frequency layer aggregation,, section 0055-0057, 0065-0067) a positioning frequency layer capability information (see, UE reports some capabilities to the network (e.g., LMF or gNB), the capabilities per band includes FR1, FR2/frequency layer aggregation,, section 0055-0057, 0065-0067) from a user equipment (see, UE sends its capabilities to the gNB/LMF, section 0055-0057, 0065-0067); configure the user equipment (see, the second device/UE performs aggregated positioning measurement by identifying the scheduling that includes PRS resources associated with the frequency positioning layers, section 0100-0101, 0103)with a positioning frequency layer aggregation configuration for data collection (see, the second device/UE receives signaling for performing aggregated positioning measurement with respect to first frequency layer and second frequency layer, section 0100-0101, 0103); and receive (see, transmitted report to the first device, the report is based on the second aggregated positioning information identified from the measurements, section 0105), from the user equipment (see, the UE/second device sends a report to the first wireless device (e.g., LMF or gNB), section 0105), a report of collected measurements (see, measurements for the aggregated measurement report that includes frequency layers of positioning resource set identifiers (PRS-ID), section 0105) and their corresponding labels based on the positioning frequency layer aggregation configuration (see, the aggregated measurements do include indication of the positioning frequency layers, section 0105).
Regarding claim 14, JIANG ‘270 discloses the apparatus according to claim 13, wherein the positioning frequency layer aggregation configuration (see, the first communication device configured first aggregated positioning information for aggregated positioning measurement in first plurality of frequency layers, section 0005-0006) comprises at least one of the following: an identification of positioning frequency layers to be aggregated (see, positioning measurement in F1/frequency layers for aggregated measurement, section 0062, 0100-0102), an identification of at least one subset of positioning frequency layers to be combined for each measurement sample of the collected measurements, labels per positioning frequency layer subset, or positioning reference signal time indices per positioning frequency layer that should be combined.
Regarding claim 15, JIANG ‘270 discloses the apparatus according to claim 14, wherein the identification of the at least one subset of positioning frequency layers to be combined comprises a command to report at least one of the following: a joint measurement for all positioning reference layers (see, multiple aggregated frequency layers positioning measurement for the total measurement period, section 0082-0083),, a joint measurement for subsets of positioning reference layers, or an individual measurement per positioning reference layer (see, multiple aggregated frequency layers positioning measurement for the total measurement period, section 0082-0083),.
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.
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.
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.
Claims 4-5, 10-12, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over IANG et al (US 2022/0369270 A1, IDS) in view of PENG et al (US 2025/0133529 A1).
JIANG ‘270 discloses all the claim limitations but fails to explicitly disclose: Regarding claim 4, the apparatus according to claim 1, wherein the labels comprise at least one of the following: a user equipment location ground truth, or a line-of-sight indicator.
Regarding claim 5, the apparatus according to claim 1, wherein the instructions, when executed by the at least one processor, further cause the apparatus at least to: flag a respective measurement when a subset of the respective measurement is aggregated; and indicate a discarded positioning reference layer.
Regarding claim 6, the apparatus according to claim 5, wherein the respective measurement is flagged when one positioning frequency layer is discarded, or a mobility profile of a user equipment is changed.
Regarding claim 10, the method according to claim 7, wherein the labels comprise at least one of the following: a user equipment location ground truth, or a line-of-sight indicator.
Regarding claim 11, the method according to claim 7, further comprising: flagging a respective measurement when a subset of the respective measurement is aggregated; and indicating a discarded positioning reference layer.
Regarding claim 12, the method according to claim 11, wherein the respective measurement is flagged when one positioning frequency layer is discarded, or a mobility profile of a user equipment is changed.
Regarding claim 16, the apparatus according to claim 14, wherein the labels comprise at least one of the following: a user equipment location ground truth, or a line-of-sight indicator.
Regarding claim 17, the apparatus according to claim 13, wherein the report comprises a flag identifying a respective measurement as partly aggregated, and identifying a discarded positioning reference layer.
However, PENG et al (US 2025/0133529 A1) from a similar field of endeavor discloses: Regarding claims 4, 10, 16, the apparatus according to claim 1, wherein the labels (see, positioning frequency layers corresponding to PRS resource sets/component carriers, section 0031, 0064) comprise at least one of the following: a user equipment location ground truth, or a line-of-sight indicator (see, measurement in relation to an indication of sight, section 0086-0087, 0090-0091).
In view of the above, it 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 to implement the method and apparatus of positioning measurement for joint of frequency layers and discarding of measurement results for component carrier (CC) based on RSRP as taught by PENG ‘529 into the aggregated measurement of positioning frequency layers based on the reported UE capabilities of JIANG ‘270. The motivation would have to report aggregation failure (section 0082).
Regarding claims 5, 11, 17, the apparatus according to claim 1, wherein the instructions, when executed by the at least one processor, further cause the apparatus at least to: flag a respective measurement (section 0087-0089, 0090-091-joint of CC/FL with an indication of loss of signaling, noted: the UE reports a reason of failure for the aggregation, section 0082) when a subset of the respective measurement is aggregated (see, measurement for the frequency layers, section 0026); and indicate a discarded positioning reference layer (see, discarding of measurement result associated implicitly with positioning frequency layers, section 0091-0092).
In view of the above, it 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 to implement the method and apparatus of positioning measurement for joint of frequency layers and discarding of measurement results for component carrier (CC) based on RSRP as taught by PENG ‘529 into the aggregated measurement of positioning frequency layers based on the reported UE capabilities of JIANG ‘270. The motivation would have to report aggregation failure (section 0082).
Regarding claims 6, 12, the apparatus according to claim 5, wherein the respective measurement is flagged when one positioning frequency layer is discarded (see, discarding of measurement result, section 0091-0092), or a mobility profile of a user equipment is changed.
In view of the above, it 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 to implement the method and apparatus of positioning measurement for joint of frequency layers and discarding of measurement results for component carrier (CC) based on RSRP as taught by PENG ‘529 into the aggregated measurement of positioning frequency layers based on the reported UE capabilities of JIANG ‘270. The motivation would have to report aggregation failure (section 0082).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LI et al (US 2024/0031973 A1) discloses aggregating measurement of frequency layers based on frequency layer aggregation capability information (section 0108-0177, 0179-0184), obtaining frequency layer error parameter (section 0047-0059, 0071-0222).
SI et al (US 2023/0239093 A1) discloses aggregation estimation of a plurality of positioning frequency layers from each of the TRPs (section 0050-0071, 0122-0634).
ZORGUI et al (US 2024/0147407 A1) discloses AI/ML-based measurements (e.g., different positioning layers (PFLs) and reporting of UL measurements with corresponding AI/ML model (section 01444, 0146).
MANOLAKOS et al (US 2024/0373395 A1) discloses measurement of positioning frequency layers based on UE’s reported capabilities (section 0132, 0144, 0163-0164, 0178, 0191-0243).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang B Yao can be reached at 571 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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