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.
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.
1. Claims 1, 6-7, 9,and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thomas et al (2026/0197134).
Regarding claims 1 and 20. Thomas teaches a wireless communication device comprising a processor (figure 9, 0133), and a wireless communication method comprising:
determining, by a wireless communication device, a first period (0008 – prioritization window for measuring carrier phase, 0122 – time window for measuring carrier phase, 0125 – prioritization window for measuring carrier phase);
wherein the wireless communication device is configured to measure a carrier phase of a reference signal for positioning within the first period (0008 – prioritization window for measuring carrier phase, 0122 – time window for measuring carrier phase, 0125 – prioritization window for measuring carrier phase).
Regarding claim 6. Thomas teaches wherein first capability of the wireless communication device to measure the carrier phase of the reference signal is same as second capability of the wireless communication device to measure one or more other measurement attributes of the reference signal (0122 – carrier phase measurements are prioritized over other downlink signals (e.g,. other measurement attributes of the reference signal), 0123 – downlink timing measurements (e.g., RSTD, ToA measurements) are coupled (e.g., same) with DL carrier phase measurements, 0125 – different priority states may be defined with respect to PRS utilized for different positioning techniques (e.g., DL-PRS used for performing RSTD measurements has a higher priority than carrier phase measurements and vice-versa)).
Regarding claim 7. Thomas teaches wherein first capability of the wireless communication device to measure the carrier phase of the reference signal is different with second capability of the wireless communication device to measure one or more other measurement attributes of the reference signal 0122 – carrier phase measurements are prioritized over other downlink signals (e.g,. other measurement attributes of the reference signal), 0123 – downlink timing measurements (e.g., RSTD, ToA measurements) are coupled (e.g., same) with DL carrier phase measurements, 0125 – different priority states may be defined with respect to PRS utilized for different positioning techniques (e.g., DL-PRS used for performing RSTD measurements has a higher priority (e.g., different) than carrier phase measurements and vice-versa)).
Regarding claim 9. Thomas teaches wherein the first capability is a carrier phase measurement capability, the second capability is other attribute measurement capability (0122 – carrier phase measurements are prioritized over other downlink signals (e.g,. other measurement attributes of the reference signal), 0123 – downlink timing measurements (e.g., RSTD, ToA measurements – second capability) are coupled with DL carrier phase measurements (e.g., first capability), 0125 – different priority states may be defined with respect to PRS utilized for different positioning techniques (e.g., DL-PRS used for performing RSTD measurements has a higher priority than carrier phase measurements and vice-versa)).
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.
2. Claims 2-3 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas in view of Cabrera Mercader et al (2025/0063535).
Regarding claim 2. Thomas does not teach the first period, when the wireless communication device is in a first state, is defined as a formula.
However, Thomas teaches the first state or second state may be RRC_CONNECTED or RRC_INACTIVE (0073-0076, 0110, Table 4).
Cabrera Mercader teaches calculating a measurement period using a formula (0110-0120) for the measurement period in RRC_CONNECTED state which is used by the UE to measure DL PRS in the connected state wherein the PRS processing may extend beyond a measurement gap and the measurement period length depends on a number of factors and calculates another measurement period using a formula (0151-0157) for the case of RRC_INACTIVE which allows for DL PRS measurement within a DRX occasion while avoiding conflicts with paging and cell reselection and also allowing the UE to save power, e.g., by limiting the amount of time that the UE needs to spend on measuring and processing the DL PRS signals.
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas to calculate a first or second measurement window as taught by Cabrera Mercader thereby enabling the UE to measure and process PRS in the connected or inactive state thereby extending the measurement window beyond a measurement gap OR saving UE power.
Regarding claim 3. Thomas teaches the first state is an RRC_CONNECTED state (0073-0076, 0110, Table 4).
Regarding claim 4. Thomas does not teach wherein the first period, when the wireless communication device is in a second state.
However, Thomas teaches the first state or second state may be RRC_CONNECTED or RRC_INACTIVE (0073-0076, 0110, Table 4).
Cabrera Mercader teaches calculating a measurement period using a formula (0110-0120) for the measurement period in RRC_CONNECTED state which is used by the UE to measure DL PRS in the connected state wherein the PRS processing may extend beyond a measurement gap and the measurement period length depends on a number of factors and calculates another measurement period using a formula (0151-0157) for the case of RRC_INACTIVE which allows for DL PRS measurement within a DRX occasion while avoiding conflicts with paging and cell reselection and also allowing the UE to save power, e.g., by limiting the amount of time that the UE needs to spend on measuring and processing the DL PRS signals.
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas to calculate a first or second measurement window as taught by Cabrera Mercader thereby enabling the UE to measure and process PRS in the connected or inactive state thereby extending the measurement window beyond a measurement gap OR saving UE power.
Regarding claim 5. Thomas teaches where the second state is an RRC_INACTIVE state (0073-0076, 0110, Table 4).
3. Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas in view of Oteri et al (2026/0243862).
Regarding claim 8. Thomas does not teach sending, by the wireless communication device, a capability report indicating the first capability to measure the carrier phase of the reference signal.
Oteri teaches the UE reports the first capability to measure the carrier phase reference signal and indicates additional capability information relating to traditional time-based positioning (0044, 0047-0048, 0050-0051, 0053-0054) and the network uses the capability report information to provide PRS configuration information to the UE thereby providing for more accurate UE positioning (0023, 0026, 0030-0032).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas to report UE capability information to the network as taught by Oteria in order to enable the network properly configure PRS configuration information for the UE providing for more accurate UE positioning.
Regarding claim 17. Thomas does not teach sending, by the wireless communication device, a capability report indicating its capability to measure the carrier phase of the reference signal together with one or more other measurement attributes.
Oteri teaches the UE reports the first capability to measure the carrier phase reference signal and indicates additional capability information relating to traditional time-based positioning (0044, 0047-0048, 0050-0051, 0053-0054) and the network uses the capability report information to provide PRS configuration information to the UE thereby providing for more accurate UE positioning (0023, 0026, 0030-0032).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas to report UE capability information to the network as taught by Oteria in order to enable the network properly configure PRS configuration information for the UE providing for more accurate UE positioning.
4. Claims 10, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas in view of Oteri further in view of Cabrera Mercader et al (2025/0063535).
Regarding claim 10. Thomas in view of Oteri do not teach wherein the capability report further indicates a duration N of DL-PRS symbols in units of ms that the wireless communication device can process every T ms for carrier phase measurement, where T is an integer value.
Cabrera Mercader teaches calculating a measurement period using a formula (0110-0120) for the measurement period in RRC_CONNECTED state which is used by the UE to measure DL PRS in the connected state wherein the PRS processing may extend beyond a measurement gap and the measurement period length depends on a number of factors and calculates another measurement period using a formula (0151-0157) for the case of RRC_INACTIVE which allows for DL PRS measurement within a DRX occasion while avoiding conflicts with paging and cell reselection and also allowing the UE to save power, e.g., by limiting the amount of time that the UE needs to spend on measuring and processing the DL PRS signals. The UE reports/indicates a duration of N of DL-PRS symbols in units of ms that the UE can process every T ms for carrier phase measurement wherein T is an integer value (0118-0119, 0155, 0162 – UE reports capability to the server, 0166-0167 – sending to the server, a set of one or more parameters describing a capability of the UE to measure and process DL PRSs, 0180-0182
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas in view of Oteri to calculate a first or second measurement window based on UE capability information that the UE reports to the network as taught by Cabrera Mercader thereby enabling the UE to measure and process PRS in the connected or inactive state thereby extending the measurement window beyond a measurement gap OR saving UE power.
Regarding claim 18. Thomas in view of Oteri do not teach wherein the capability report indicates at least one of: (1) a duration N of DL-PRS symbols in units of ms that the wireless communication device can process every T ms; or (2) the one or more measurement attributes, where N and T are each a respective integer value.
Cabrera Mercader teaches calculating a measurement period using a formula (0110-0120) for the measurement period in RRC_CONNECTED state which is used by the UE to measure DL PRS in the connected state wherein the PRS processing may extend beyond a measurement gap and the measurement period length depends on a number of factors and calculates another measurement period using a formula (0151-0157) for the case of RRC_INACTIVE which allows for DL PRS measurement within a DRX occasion while avoiding conflicts with paging and cell reselection and also allowing the UE to save power, e.g., by limiting the amount of time that the UE needs to spend on measuring and processing the DL PRS signals. The UE reports/indicates a duration of N of DL-PRS symbols in units of ms that the UE can process every T ms for carrier phase measurement wherein T is an integer value (0118-0119, 0155, 0162 – UE reports capability to the server, 0166-0167 – sending to the server, a set of one or more parameters describing a capability of the UE to measure and process DL PRSs, 0180-0182
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas in view of Oteri to calculate a first or second measurement window based on UE capability information that the UE reports to the network as taught by Cabrera Mercader thereby enabling the UE to measure and process PRS in the connected or inactive state thereby extending the measurement window beyond a measurement gap OR saving UE power.
Regarding claim 19. Thomas in view of Oteri do not teach wherein the capability report indicates at least at one of: (1) a duration N of DL-PRS symbols in units of ms that the wireless communication device can process every T ms; (2) offsets for N and T, (3) the one or more measurement attributes, where N and T are each a respective integer value.
Cabrera Mercader teaches calculating a measurement period using a formula (0110-0120) for the measurement period in RRC_CONNECTED state which is used by the UE to measure DL PRS in the connected state wherein the PRS processing may extend beyond a measurement gap and the measurement period length depends on a number of factors and calculates another measurement period using a formula (0151-0157) for the case of RRC_INACTIVE which allows for DL PRS measurement within a DRX occasion while avoiding conflicts with paging and cell reselection and also allowing the UE to save power, e.g., by limiting the amount of time that the UE needs to spend on measuring and processing the DL PRS signals. The UE reports/indicates a duration of N of DL-PRS symbols in units of ms that the UE can process every T ms for carrier phase measurement wherein T is an integer value (0118-0119, 0155, 0162 – UE reports capability to the server, 0166-0167 – sending to the server, a set of one or more parameters describing a capability of the UE to measure and process DL PRSs, 0180-0182
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Thomas in view of Oteri to calculate a first or second measurement window based on UE capability information that the UE reports to the network as taught by Cabrera Mercader thereby enabling the UE to measure and process PRS in the connected or inactive state thereby extending the measurement window beyond a measurement gap OR saving UE power.
Allowable Subject Matter
5. Claims 11-16 is 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.
The following is a statement of reasons for the indication of allowable subject matter. Regarding claims 1 +11. Prior art (e.g., Thomas in view of Cabrera Mercader) teach defining measurement period(s) using various equations. However, prior art of record fails to teach or fairly suggest applying, by the wireless communication device, a scaling factor for a Phase Error Group (PEG) to the first period. Regarding claims 1 +12 or 1 + 13-16. Prior art Oteri teaches the UE reporting capabilities regarding carrier phase measurement in conjunction with traditional timing-based positioning measurements but silent with respect to the UE reporting a first scaling factor or second scaling factor to measure the carrier phase.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
---(12,549,234) Hu teaches determining a first and second measurement period using a formula (col. 5 line 50 – col. 6 line 8, col. 7 line 1 – col. 8 line 19, col. 19 line 1 – col. 21 line 3).
---(2022/0278768) Yeo et al teaches the UE reports a scaling factor of the carrier (0109-0110).
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5.
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/BARRY W TAYLOR/Primary Examiner, Art Unit 2646
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