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 Interpretation
Claim 4 discloses, “ The method according to claim 3, wherein the absolute location of the second terminal and/or e location of the first terminal is obtained and sent to the first terminal by the first network side device in a case that it is determined that the first terminal is allowed to obtain the absolute location of the second terminal”,
This is contingent/conditional limitation(s). The contingent/conditional limitations are not positively recited in the claim(s) and are thus only executed [or performed or implemented], when the condition is true/met.
[See, (MPEP 2111.04) II. CONTINGENT LIMITATIONS The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent is not met.]
In present claim 4, for instance, the absolute location … and sent to the to the first terminal by the first network side device would occur only if the in a case the first terminal is allowed to obtain the absolute location of the second terminal, otherwise, this step is not performed. And the prior art is not required to teach this element when the condition is not met.
Similarly, claim 6, “determining, by the first terminal, the location of the first terminal based on the absolute location of the second terminal and the first side link measurement in a case that the first response message comprises the absolute location of the second terminal”
This is contingent/conditional limitation(s). The contingent/conditional limitations are not positively recited in the claim(s) and are thus only executed [or performed or implemented], when the condition is true/met. [See, (MPEP 2111.04) II. CONTINGENT LIMITATIONS The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent is not met.]
In present claim 6, determining, by the first terminal, the location of the first terminal based on the absolute location of the second terminal and the first side link measurement only occurs when the first response message comprises the absolute location of the second terminal, otherwise the step is not performed. And the prior art is not required to teach this element when the condition is not met.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6, 7-9 ,17, 18 and 20 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Hu et al. (US 2025/0133577)(hereafter Hu).
Regarding claims 1, 17 and 20, HU discloses a positioning processing method, comprising:
sending, by a first terminal, a first request message to a first network side device (see, step 1C, para, [0080], [0080] Alternatively or additionally, in step 1c, the UE may transmit a location service request to the serving AMF at a non-access-stratum (NAS) level to request one or more location services (e.g., positioning service or delivery of assistance data); and
receiving, by the first terminal, a first response message sent by the first network side device, the first response message corresponding to the first request message (see, step 5C, see, para [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimate for the UE),
wherein the first request message is used to request at least one of the following: an absolute location of a second terminal, the second terminal being a positioning assistance device of the first terminal; or a location of the first terminal (see, para [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimate for the UE).
Hu further discloses memory and a processor, wherein the memory stores a program or an instruction executable in the processor, and the program or the instruction, when executed by the processor, implements the steps of the positioning processing method as per claim 17 (see, para [0293]). A non-transitory readable storage medium, storing a program or an instruction, wherein the program or the instruction, when executed by a processor, implements the steps of the positioning processing method according to claim 20 (see para [0293]).
Regarding claim 2 , Hu further discloses the method according to claim 1, wherein the first request message comprises at least one of the following: an identifier of the first termina para ( [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimates for the UE)l; an identifier of the second terminal (see, para [0116], an identification of the second UE, [0224]); a first side link measurement, wherein the first side link measurement is used to indicate a measurement between the first terminal and the second terminal (see, para [0088] side link positioning architecture with the measurement between two UEs); a request type; a first request indication; or a measurement accuracy requirement.
Regarding claim 3, HU further discloses the method according to claim 1, wherein the first response message comprises at least one of the following: the absolute location of the second terminal; or the location of the first terminal (para [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimate for the UE).
Regarding claim 4, Hu further discloses the method according to claim 3, wherein the absolute location of the second terminal and/or the location of the first terminal is obtained and sent to the first terminal by the first network side device in a case that it is determined that the first terminal is allowed to obtain the absolute location of the second terminal (Hu teaches all the limitations of the claim 4, the Examiner did not need to present evidence of the method steps that are not required to be performed under a broadest reasonable interpretation of the claim, See MPEP 2111.04 II. Ex parte Schulhauser).
Regarding claim 6, Hu further discloses the method according to claim 3, wherein after the receiving, by the first terminal, a first response message sent by the first network side device (see, HU, para [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimates for the UE), the method further comprises: determining, by the first terminal, the location of the first terminal based on the absolute location of the second terminal and the first side link measurement in a case that the first response message comprises the absolute location of the second terminal (Hu teaches all the limitations of the claim 6, the Examiner did not need to present evidence of the method steps that are not required to be performed under a broadest reasonable interpretation of the claim, See MPEP 2111.04 II. Ex parte Schulhauser).
Regarding claims 7 and 18, Hu further discloses a positioning processing method, comprising:
receiving, by a first network side device, a first request message sent by a first terminal (see, step 1C, para, [0080], [0080] Alternatively or additionally, in step 1c, the UE may transmit a location service request to the serving AMF at a non-access-stratum (NAS) level to request one or more location services (e.g., positioning service or delivery of assistance data); and
sending, by the first network side device, a first response message to the first terminal, the first response message corresponding to the first request message (see, step 5C, see, para [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimate for the UE)) wherein
the first request message is used to request at least one of the following: an absolute location of a second terminal, the second terminal being a positioning assistance device of the first terminal; or a location of the first terminal (see, para [0086], the AMF may return a location service response to the UE from which the location service request is received. The location service response may include any needed result(s) received by the AMF in step 4, e.g., a location estimates for the UE).
HU further discloses a memory and a processor, wherein the memory stores a program or an instruction executable in the processor, and the program or the instruction, when executed by the processor, implements the steps of the positioning processing method according to claim 7 (see, para [0293]).
Regarding claim 8, claim is rejected for the same reason claim 2 is rejected. See claim 2 rationales for rejection.
Regarding claim 9, claim is rejected for the same reason claim 32 is rejected. See claim 3 rationales for rejection.
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) 13, 14 and 19, are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Wang et al. (US 2021/0219103)(hereafter Wang).
Regarding claims 13 and 19, Wang discloses a positioning processing method, comprising:
receiving, by a second network side device, a second request message sent by a first network side device (see, Fig. 10, location server sending request to the RAN, 100, paragraph [0176], The location server receives a location request from a LCS client and forwards it to a location server function in RAN (i.e. the positioning device 100); and
sending, by the second network side device, a second response message to the first network side device (see, Fig. 10, the RAN , 100 send location report to the location server, paragraph [0180], The location server function calculates the target UE's position based on at least the side link radio signal measurements 902. the target UE location is reported to the location server in CN), wherein
the second network side device supports calculation of a location of a first terminal (see, Fig. 10, location report based on the calculate UE position, paragraph [0180], The location server function calculates the target UE's position based on at least the side link radio signal measurements 902. Optionally, the target UE location is reported to the location server in CN); and
the second request message is used to request at least one of the following: an absolute location of a second terminal, the second terminal being a positioning assistance device of the first terminal; and the location of the first terminal (see, Fig. 10, calculate UE position, paragraph [0175], signaling procedure which is used for side link-assisted network-based positioning (RAN-based) and which can be performed by the positioning device 100).
Regarding claim 14, Wang further discloses the method wherein the second response message comprises at least one of the following: the absolute location of the second terminal; or the location of the first terminal (see, Fig. 10, calculate UE position, paragraph [0175], signaling procedure which is used for side link-assisted network-based positioning (RAN-based) and which can be performed by the positioning device 100).
Allowable Subject Matter
Claims 5, 10-12, 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shen et al. (US 2025/0142520) discloses positioning method, device and storage medium.
Hu et al. (US 2025/0008473) discloses method and apparatus for side link positioning.
Lee et al. (US 2023/0199704) discloses controlling positioning according to movement of terminal.
Edge et al. (US 2022/0007150) disclose 5G location support using service based interfaces.
Ganesan et al. (US 2020/0396024) discloses responding to a new data indicator for hybrid automatic repeat request process
Kunz et al. (US 2020/0288313) discloses user equipment authentication.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DHAVAL V PATEL whose telephone number is (571)270-1818. The examiner can normally be reached Monday to Friday (8:00am-4:30pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DHAVAL V PATEL/Primary Examiner, Art Unit 2631
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