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 Objections
Claims 16-20 are objected to because of the following informalities:
Claim 16 end with “;.”, the examiner suggests changing to end with a full stop.
Appropriate correction is required.
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.
Regarding claim 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 8-12 of copending Application No. 18/973,989 (claims filed on 12/9/2024). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent Application 18/973989
1
A method for determining a location for a user device, the method comprising:
receiving, by an application installed on a subscriber identity module (SIM) within the user device, a request from a network for the location of the user device;
requesting from the user device, by the application, one or more network measurement reports (NMRs) and one or more cell site location information (CGIs) for each cell site of a plurality of cell sites that the user device is attached to;
determining, based on the one or more NMRs and the one or more CGIs, the location of the user device; and
communicating the location of the user device to an external server.
1
A method for determining a location for a user device, the method comprising:
determining, by an application installed on a subscriber identity module (SIM) within the user device, that the user device has moved from a first location to a second location;
based on the determination that the user device has moved, requesting from the user device, by the application, a first set of one or more network measurement reports (NMRs) and a first set of one or more cell site location information (CGIs) for each cell site that the user device is attached to;
determining a historical location of the user device based on the first set of one or more NMRs and the first set of one or more CGIs;
storing the historical location on the SIM to create a historical location record;
receiving, by the application, a request from a network for a current location of the user device;
requesting, by the application, a second set of one or more NMRs and a second set of one or more CGIs for each cell site that the user device is attached to from the user device;
determining the current location of the user device based on the second set of one or more NMRs and the second set of one or more CGIs;
communicating the historical location record and the current location of the user device to an external server.
2
The method of claim 1, wherein each of the one or more NMRs comprise one or more signal measurements for each cell site that the user device is attached to.
2
The method of claim 1, wherein each of the first set of one or more NMRs comprise one or more signal measurements for each cell site that the user device is attached to.
3
The method of claim 1, wherein each of the one or more CGIs comprise an identification of a specific location for each cell site that the user device is attached to.
3
The method of claim 1, wherein each of the first set of one or more CGIs comprise an identification of a specific location for each cell site that the user device is attached to.
4
The method of claim 1, wherein the location is determined using a triangulation algorithm, wherein the triangulation algorithm calculates the location by:
analyzing one or more signal measurements for each of the one or more NMRs for each cell site that the user device is attached to;
computing a distance between the user device and each of cell site that the user device is attached to based on the one or more NMRs and the one or more CGIs; and
determining an intersection point of the distance to identify the location.
4
The method of claim 1, wherein the current location is determined by:
analyzing one or more signal measurements for each cell site that the user device is attached to;
computing, one or more distances between the user device and each cell site that the user device is attached to based on the second set of one or more NMRs and the second set of one or more CGIs; and
determining an intersection point of the one or more distances to pinpoint the location of the user device.
5
The method of claim 1, wherein the one or more NMRs include one or more of the following: a received signal strength indicator (RSSI), a reference signal received power (RSRP), and a signal-to-noise ratio (SNR).
5
The method of claim 1, wherein one or more signal measurements in the second set of one or more NMRs include one or more of the following: a received signal strength indicator (RSSI), a reference signal received power (RSRP), and a signal-to-noise ratio (SNR).
8
The method of claim 1, further comprising validating the one or more CGIs against a database of known cell sites.
8
The method of claim 1, further comprising validating the second set of one or more CGIs against a database of known cell sites.
9
The method of claim 1, wherein determining the location comprises a machine learning algorithm to refine an accuracy of determining the location over time based on one or more historical locations.
9
The method of claim 1, wherein determining the current location of the user device comprises using a machine learning algorithm to refine an accuracy of a location determination over time.
Claim 1 discloses “determining a historical location of the user device based on the first set of one or more NMRs and the first set of one or more CGIs;
10
The method of claim 1, further comprising generating an alert on the user device indicating that a location request has been processed by the application on the SIM.
10
The method of claim 1, further comprising generating an alert on the user device indicating that a location request has been processed by the application on the SIM.
11
The method of claim 1, wherein the application stores the one or more NMRs and the one or more CGIs for a predetermined period before transmitting the location to the external server.
11
The method of claim 1, wherein the first set of one or more NMRs and the first set of one or more CGIs are stored for a predetermined period.
12
A system for determining a location for a user device, the system comprising:
the user device configured to communicate with one or more cell sites associated with a network;
a subscriber identity module (SIM) installed within the user device, the SIM comprising an application configured to:
receive a request from the network for the location of the user device;
request one or more network measurement reports (NMRs) and one or more cell site location information (CGI) from the user device;
determine the location of the user device based on the one or more NMRs and the one or more CGIs; and
provide the location of the user device to an external server.
12
A system for determining a location for a user device, the system comprising:
the user device configured to communicate with one or more cell sites associated with a network;
a subscriber identity module (SIM) installed within the user device, the SIM comprising an application configured to:
determine that the user device has moved from a first location to a second location;
based on the determination that the user device has moved, request a first set of one or more network measurement reports (NMRs) and first set of one or more cell site location information (CGIs) from the user device;
determine a historical location of the user device based on the first set of one or more NMRs and the first set of one or more CGIs;
receive a request from the network for a current location of the user device and the historical location of the user device;
request a second set of one or more NMRs and a second set of one or more CGIs from the user device;
determine the current location of the user device using the second set of one or more NMRs and the second set of one or more CGIs; and
communicate the current location of the user device and the historical location of the user device to an external server.
(1) Regarding claim 1:
Claim 1 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claim 1 as shown in the above comparison, therefore, claim 1 of US Patent Application 18/973989 anticipated claim 1.
(2) Regarding claims 2-3, 5, 8, and 10:
Claims 2-3, 5, 8, and 10 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claims 2-3, 5, 8, and 10 respectively as shown in the above comparison, therefore, claims 2-3, 5, and 8 of US Patent Application 18/973989 anticipated claims 2-3, 5, and 8.
(3) Regarding claim 4:
Claim 4 of US Patent Application 18/973989 filed on 12/9/2024 discloses all method steps of claim 4 as shown in the above comparison, except explicitly disclose the method steps are for determining the location using a triangulation algorithm.
However, the method steps as shown in claim 4 of US Patent Application 18/973989 is the exact method steps of the triangulation algorithm, therefore, claim 4 of US Patent Application 18/973989 is obvious a representation of the claimed triangulation algorithm of claim 4.
(4) Regarding claim 9:
Claim 9 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claim 9, with claim 1 of US Patent Application 18/973989 further discloses “determining the location over time based on one or more historical locations as shown in the above comparison.
(5) Regarding claim 11:
Claim 11 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claim 11, except explicitly disclose the one or more NMRs and the one or more CGIs for a predetermined period before transmitting the location to the external server.
However, the location of the user device is determined based on the one or more NMRs and the one or more CGIs, therefore, the examiner interprets the time required for determination of the location of user device as the claimed predetermined period; thus satisfied the claimed limitation for the benefit of determining the location of user device.
(6) Regarding claim 12:
Claim 12 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claim 12 as shown in the above comparison, therefore, claim 12 of US Patent Application 18/973989 anticipated claim 12.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 16 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of copending Application No. 18/973989 (claims filed on 9/17/2026) in view of Bahl (US 2002/0095486 A1).
Claim
Instant Application
Claim
US Patent Application 18/973989
16
A subscriber identity module (SIM) for determining a location of a user device, the SIM comprising:
an application installed on the SIM, the application configured to:
receive a request from a network for the location of the user device;
request one or more network measurement reports (NMRs) and one or more cell site location information (CGIs) from the user device;
determine the location of the user device based on the one or more NMRs and the one or more CGIs;
encrypt the location; and
transmit the location to an external server.
12
A system for determining a location for a user device, the system comprising:
the user device configured to communicate with one or more cell sites associated with a network;
a subscriber identity module (SIM) installed within the user device, the SIM comprising an application configured to:
determine that the user device has moved from a first location to a second location;
based on the determination that the user device has moved, request a first set of one or more network measurement reports (NMRs) and first set of one or more cell site location information (CGIs) from the user device;
determine a historical location of the user device based on the first set of one or more NMRs and the first set of one or more CGIs;
receive a request from the network for a current location of the user device and the historical location of the user device;
request a second set of one or more NMRs and a second set of one or more CGIs from the user device;
determine the current location of the user device using the second set of one or more NMRs and the second set of one or more CGIs; and
communicate the current location of the user device and the historical location of the user device to an external server.
(1) Regarding claim 16:
Claim 12 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claim 12 as shown in the above comparison, except encrypt the location before transmitting to the external server.
However, Bahl teaches if a user of Mobile A 218 does not want users outside the system to determine the location of Mobile A 218, then the location data can be encrypted prior to transmitting the location data to the server 202 (para. 0036).
It is desirable to encrypt the location before transmit to the external server because it can only to be decrypted using a secret available to a decryption entity that is not under the control of the recipient. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of Bahl in claim 12 of US Patent Application 18/973989 for the benefit of provide the privacy of the location information.
This is a provisional nonstatutory double patenting rejection.
Claims 16 and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6 of copending Application No. 18/973989 (claims filed on 9/17/2026) in view of Bahl (US 2002/0095486 A1).
Claim
Instant Application
Claim
US Patent Application 18/973989
16
A subscriber identity module (SIM) for determining a location of a user device, the SIM comprising:
an application installed on the SIM, the application configured to:
receive a request from a network for the location of the user device;
request one or more network measurement reports (NMRs) and one or more cell site location information (CGIs) from the user device;
determine the location of the user device based on the one or more NMRs and the one or more CGIs;
encrypt the location; and
transmit the location to an external server.
1
A method for determining a location for a user device, the method comprising:
determining, by an application installed on a subscriber identity module (SIM) within the user device, that the user device has moved from a first location to a second location;
based on the determination that the user device has moved, requesting from the user device, by the application, a first set of one or more network measurement reports (NMRs) and a first set of one or more cell site location information (CGIs) for each cell site that the user device is attached to;
determining a historical location of the user device based on the first set of one or more NMRs and the first set of one or more CGIs;
storing the historical location on the SIM to create a historical location record;
receiving, by the application, a request from a network for a current location of the user device;
requesting, by the application, a second set of one or more NMRs and a second set of one or more CGIs for each cell site that the user device is attached to from the user device;
determining the current location of the user device based on the second set of one or more NMRs and the second set of one or more CGIs;
communicating the historical location record and the current location of the user device to an external server.
19
The system of claim 16, wherein the application generates an alert on the user device indicating that a location request has been processed.
10
The method of claim 1, further comprising generating an alert on the user device indicating that a location request has been processed by the application on the SIM.
(1) Regarding claim 16:
Claim 1 of US Patent Application 18/973989 filed on 12/9/2024 discloses all a method of a user device comprising a subscriber identity module (SIM) for determining a location of a user device, the SIM comprising an application installed on the SIM; and the functions of the application as claimed by claim 16, except encrypt the location before transmitted to the external server.
However, Bahl teaches if a user of Mobile A 218 does not want users outside the system to determine the location of Mobile A 218, then the location data can be encrypted prior to transmitting the location data to the server 202 (para. 0036).
It is desirable to encrypt the location before transmit to the external server because it can only to be decrypted using a secret available to a decryption entity that is not under the control of the recipient. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of Bahl in claim 1 of US Patent Application 18/973989 for the benefit of provide the privacy of the location information.
(2) Regarding claim 19:
Claim 1 of US Patent Application 18/973989 filed on 12/9/2024 and Bahl discloses all subject matter of claim 16, and claim 6 of US Patent Application 18/973989 further discloses all subject matter of claim 19.
This is a provisional nonstatutory double patenting rejection.
Claims 12-13 and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 8 of copending Application No. 18/973989 (claims filed on 9/17/2026).
Claim
Instant Application
Claim
US Patent Application 18/973989
12
A system for determining a location for a user device, the system comprising:
the user device configured to communicate with one or more cell sites associated with a network;
a subscriber identity module (SIM) installed within the user device, the SIM comprising an application configured to:
receive a request from the network for the location of the user device;
request one or more network measurement reports (NMRs) and one or more cell site location information (CGI) from the user device;
determine the location of the user device based on the one or more NMRs and the one or more CGIs; and
provide the location of the user device to an external server.
1
A method for determining a location for a user device, the method comprising:
determining, by an application installed on a subscriber identity module (SIM) within the user device, that the user device has moved from a first location to a second location;
based on the determination that the user device has moved, requesting from the user device, by the application, a first set of one or more network measurement reports (NMRs) and a first set of one or more cell site location information (CGIs) for each cell site that the user device is attached to;
determining a historical location of the user device based on the first set of one or more NMRs and the first set of one or more CGIs;
storing the historical location on the SIM to create a historical location record;
receiving, by the application, a request from a network for a current location of the user device;
requesting, by the application, a second set of one or more NMRs and a second set of one or more CGIs for each cell site that the user device is attached to from the user device;
determining the current location of the user device based on the second set of one or more NMRs and the second set of one or more CGIs;
communicating the historical location record and the current location of the user device to an external server.
13
The system of claim 12, wherein the one or more NMRs comprise one or more of: a received signal strength indicator (RSSI), a reference signal received power (RSRP), and a signal-to-noise ratio (SNR).
5
The method of claim 1, wherein one or more signal measurements in the second set of one or more NMRs include one or more of the following: a received signal strength indicator (RSSI), a reference signal received power (RSRP), and a signal-to-noise ratio (SNR).
15
The system of claim 12, wherein the application is configured to validate the one or more CGIs against a database of known cell sites.
8
The method of claim 1, further comprising validating the second set of one or more CGIs against a database of known cell sites.
(1) Regarding claim 12:
Claim 1 of US Patent Application 18/973989 filed on 12/9/2024 discloses all a method of a user device comprising a subscriber identity module (SIM) for determining a location of a user device, the SIM comprising an application installed on the SIM; and the functions of the application as claimed by claim 12, except explicitly disclose the user device configured to communicate with one or more cell sites associated with a network.
However, Claim 1 of US Patent Application 18/973989 filed on 12/9/2024 discloses requesting from the user device, by the application, a first set of one or more network measurement reports (NMRs) and a first set of one or more cell site location information (CGIs) for each cell site that the user device is attached to. Therefore the user device is configured to communicate with one or more cell sites associated with a network as claimed by claim 12 for the benefit of determine the location of the user device.
(2) Regarding claims 13 and 15:
Claims 5 and 9 of US Patent Application 18/973989 filed on 12/9/2024 discloses all subject matter of claims 13 and 15 respectively as shown in the above comparison.
This is a provisional nonstatutory double patenting 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.
Claims 1-2, 5-6, 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Issakov et al. (US 2021/0314901 A1).
(1) Regarding claim 1:
Issakov discloses a method for determining a location for a user device, the method comprising:
receiving, by an application installed on a subscriber identity module (SIM) within the user device, a request from a network for the location of the user device (In a typical OTA update, the OTA gateway 120 receives a request from an operator backend system 160 that includes, or provides sufficient information to lookup in a card database, the SIM vendor, the IMSI, the mobile station international subscriber directory Number MSISDN) and secret key of the physical SIM card or eSIM/iSIM 110 to update. The OTA gateway 120 then formats a message that can be understood by the physical SIM card or eSIM/iSIM 110 that includes the positioning applet 118, para. 0023);
requesting from the user device, by the application, one or more network measurement reports (NMRs) and one or more cell site location information (CGIs) for each cell site of a plurality of cell sites that the user device is attached to (the positioning applet 118 collects positioning measurements from the baseband processor 112 of the UE and transmits these to a location platform 150. As used herein, the term “positioning measurements” refers to characteristics of observed wireless beacons (e.g., cells) and/or information determined based on observed wireless beacons (e.g., GNSS satellites), para. 0024);
determining, based on the one or more NMRs and the one or more CGIs, the location of the user device (The location platform 150 utilizes the positioning measurements (e.g., serving cell ID, NMR and GNSS position, etc.) to determine and estimate position of the UE 105. Depending on the information included in the positioning measurements, various techniques may be used, para. 0027); and
communicating the location of the user device to an external server (The estimated position of the UE 105 is provided (e.g., streamed in real-time using JavaScript Object Notation (JSON)) to a designated recipient system, for example, a server of an operator backend system 160, para. 0028).
(2) Regarding claim 2:
Issakov discloses all subject matter of claim 1, and Issakov further discloses each of the one or more NMRs comprise one or more signal measurements for each cell site that the user device is attached to (The positioning measurements also may be used to update and refine the database , para. 0027; The location platform 150 utilizes the positioning measurements (e.g., serving cell ID, NMR and GNSS position, etc.) to determine and estimate position of the UE 105, para. 0028, 0035, 0038)
(3) Regarding claim 5:
Issakov discloses all subject matter of claim 1, and Issakov further discloses the one or more NMRs include one or more of the following: a received signal strength indicator (RSSI), a reference signal received power (RSRP), and a signal-to-noise ratio (SNR) (An NMR field may include reports that indicate all neighboring cells observed by the baseband processor 112 and their received signal strengths (RSS) that may be used to estimate position of the UE 105, para. 0035).
(4) Regarding claim 6:
Issakov discloses all subject matter of claim 1, and Issakov further discloses the requesting the one or more NMRs and the one or more CGIs at predefined intervals to update the location of the user device (The positioning measurements also may be used to update and refine the database, para. 0027; requesting the one or more NMRs and the one or more CGIs at predefined intervals to update the location of the user device., para. 0036).
(5) Regarding claim 8:
Issakov discloses all subject matter of claim 1, and Issakov further discloses validating the one or more CGIs against a database of known cell sites (the positioning applet collects positioning measurements from a baseband processor (e.g., a baseband chipset) of the UE (e.g., via 3GPP protocols) which are sent (e.g., as an encrypted payload) to a remote location platform that compares the positioning measurements to known positioning data in a database, para. 0005, 0027).
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.
Claims 11-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Issakov et al. (US 2021/0314901 A1).
(1) Regarding claim 12:
Issakov discloses a system for determining a location for a user device, the system comprising:
the user device configured to communicate with one or more cell sites associated with a network (serving cell ID, para. 0027);
a subscriber identity module (SIM) installed within the user device, the SIM comprising an application (positioning applet 118 unpacks in SIM card of a UE 105, para. 0023) configured to:
receive a request from the network for the location of the user device (In a typical OTA update, the OTA gateway 120 receives a request from an operator backend system 160 that includes, or provides sufficient information to lookup in a card database, the SIM vendor, the IMSI, the mobile station international subscriber directory Number MSISDN) and secret key of the physical SIM card or eSIM/iSIM 110 to update. The OTA gateway 120 then formats a message that can be understood by the physical SIM card or eSIM/iSIM 110 that includes the positioning applet 118, para. 0023);
request one or more network measurement reports (NMRs) and one or more cell site location information (CGI) from the user device (the positioning applet 118 collects positioning measurements from the baseband processor 112 of the UE and transmits these to a location platform 150. As used herein, the term “positioning measurements” refers to characteristics of observed wireless beacons (e.g., cells) and/or information determined based on observed wireless beacons (e.g., GNSS satellites), para. 0024).
Issakov further discloses the positioning applet 118 transmits the positioning measurement to the location platform 150 for determining and estimating the location of the UE, and then forward to a server 160 (para. 0027-0028), but fails to disclose the application determine the location of the user device based on the one or more NMRs and the one or more CGIs; and provide the location of the user device to an external server.
However, Issakov discloses a piece of application, OS or baseband software is pre-installed or user-installed on a UE and executed on the central processing unit (CPU) or baseband processor of the UE to collect positioning measurements. These positioning measurements can be compared, either locally or on a remote server, to known positioning data to determine the UE's position (para. 0002). Since the comparison can be performed locally, therefore, it would have been obvious to one or ordinary skill in the art to modify the comparison by the location platform in the location applet 118 locally and transmit the determined and estimated location of the UE to the server 160 directly from the location applet 118 for the benefit of reducing processing time for transmitting the location information to the server 160.
(2) Regarding claim 13:
Issakov discloses all subject matter of claim 12 and further discloses the one or more NMRs comprise one or more of: a received signal strength indicator (RSSI), a reference signal received power (RSRP), and a signal-to-noise ratio (SNR) (An NMR field may include reports that indicate all neighboring cells observed by the baseband processor 112 and their received signal strengths (RSS) that may be used to estimate position of the UE 105, para. 0035).
(3) Regarding claim 14:
Issakov discloses all subject matter of claim 12 and further discloses a secure communication protocol, such as TLS/SSL, used by the SIM to transmit the location to the external server (This step may be performed in response to the physical SIM card or eSIM/iSIM 110 powering up, and involve configuring a SMS destination address for the SMSC gateway 140, configuring a IP/HTTP destination address and connection to the location platform 150, checking for baseband processor 112 capabilities and features, initializing a data collection timer to run for a default period (e.g., for 30 seconds (s)), and configuring encryption keys (e.g., 3DES keys) for encrypting positioning measurements in an encrypted payload, para. 0029; the examiner interprets the encryption as the claimed secure communication protocol).
(4) Regarding claim 15:
Issakov discloses all subject matter of claim 12 and further discloses the application is configured to validate the one or more CGIs against a database of known cell sites (the positioning applet collects positioning measurements from a baseband processor (e.g., a baseband chipset) of the UE (e.g., via 3GPP protocols) which are sent (e.g., as an encrypted payload) to a remote location platform that compares the positioning measurements to known positioning data in a database, para. 0005, 0027).
(5) Regarding claim 16:
Issakov discloses a subscriber identity module (SIM) for determining a location of a user device (positioning applet 118 unpacks in SIM card of a UE 105, para. 0023), the SIM comprising:
an application installed on the SIM (positioning applet 118 unpacks in SIM card of a UE 105, para. 0023), the application configured to:
receive a request from a network for the location of the user device (In a typical OTA update, the OTA gateway 120 receives a request from an operator backend system 160 that includes, or provides sufficient information to lookup in a card database, the SIM vendor, the IMSI, the mobile station international subscriber directory Number MSISDN) and secret key of the physical SIM card or eSIM/iSIM 110 to update. The OTA gateway 120 then formats a message that can be understood by the physical SIM card or eSIM/iSIM 110 that includes the positioning applet 118, para. 0023);
request one or more network measurement reports (NMRs) and one or more cell site location information (CGIs) from the user device(the positioning applet 118 collects positioning measurements from the baseband processor 112 of the UE and transmits these to a location platform 150. As used herein, the term “positioning measurements” refers to characteristics of observed wireless beacons (e.g., cells) and/or information determined based on observed wireless beacons (e.g., GNSS satellites), para. 0024, 0031).
Issakov further discloses the positioning applet 118 transmits the positioning measurement to the location platform 150 with encryption for determining and estimating the location of the UE, and then forward to a server 160 (para. 0027-0028), but fails to disclose determine the location of the user device based on the one or more NMRs and the one or more CGIs; encrypt the location; and transmit the location to an external server.
However, Issakov discloses a piece of application, OS or baseband software is pre-installed or user-installed on a UE and executed on the central processing unit (CPU) or baseband processor of the UE to collect positioning measurements. These positioning measurements can be compared, either locally or on a remote server, to known positioning data to determine the UE's position (para. 0002). Since the comparison can be performed locally, therefore, it would have been obvious to one or ordinary skill in the art to modify the comparison by the location platform in the location applet 118 locally with encryption and transmit the determined and estimated location of the UE to the server 160 directly from the location applet 118 for the benefit of reducing processing time for transmitting the location information to the server 160.
(6) Regarding claim 17:
Issakov discloses all subject matter of claim 16, and Issakov further discloses the application periodically requests the one or more NMRs and the one or more CGIs at predefined intervals to update the location of the user device (The positioning algorithm compares the positioning measurements (e.g., serving cell ID, NMR or other information) to known information (e.g., known cell positions, RF patterns, etc.) in a database to estimate position. The positioning measurements also may be used to update and refine the database, such that the database may be a crowd sourced database, para. 0027) (The data collection timer may be using the default period set in step 210, or an updated period provided by the location platform 150, as discussed further below. When the data collection timer expires, execution proceeds to step 230, where the positioning applet 118 collects device identifiers and positioning measurements. As part of step 230, the positioning applet 118 may trigger collection of MSISDN and/or other identifiers from the physical SIM card or eSIM/iSIM, and serving cell ID, NMR, signal strength, time, other measurements, and, if supported, a GNSS position, from the baseband processor 112 (e.g., via 3GPP protocols), para. 0029).
(7) Regarding claim 20:
Issakov discloses all subject matter of claim 16, and Issakov further discloses a secure storage mechanism within the SIM for temporarily storing the one or more NMRs and the one or more CGIs before transmitting the location to the external server (The UE 105 includes at least a SIM 110 (e.g., a physical SIM card or an eSIM/iSIM) having a processor (e.g., an integrated processor, or other processor or portion thereof dedicated for use by the SIM) and storage (e.g., an integrated memory, or other memory or portion thereof dedicated for use by the SIM) that provides a secure file system separate from the file system of the UE, para. 0020) (At step 250, the positioning applet 118 encrypts the positioning measurements (e.g., using 3DES). The secret key may be embedded within the positioning applet 118 and configured to be unique for each EU, para. 0031; since the encryption is performed by the positioning applet 118, therefore, the one or more NMRs and the one or more CGIs for encryption before transmitting the location to the external server).
(8) Regarding claim 11:
Issakov discloses all subject matter of claim 1, and Issakov further discloses a the application stores the one or more NMRs and the one or more CGIs for a predetermined period before transmitting the location to the external server (The UE 105 includes at least a SIM 110 (e.g., a physical SIM card or an eSIM/iSIM) having a processor (e.g., an integrated processor, or other processor or portion thereof dedicated for use by the SIM) and storage (e.g., an integrated memory, or other memory or portion thereof dedicated for use by the SIM) that provides a secure file system separate from the file system of the UE, para. 0020) (At step 250, the positioning applet 118 encrypts the positioning measurements (e.g., using 3DES). The secret key may be embedded within the positioning applet 118 and configured to be unique for each EU, para. 0031; since the encryption is performed by the positioning applet 118, therefore, the one or more NMRs and the one or more CGIs for encryption before transmitting the location to the external server).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Issakov et al. (US 2021/0314901 A1) in view of Sundaram et al. (US 10,142,797 B2).
Issakov discloses all subject matter of claim 1, and further discloses ECID positioning algorithm that also utilizes NMR data that may be implemented by the positioning server host 440 of the location platform 150. In general, multiple RSS measurements from cells are used in a weighted triangulation to estimate UE position (para. 0037); but fails to explicitly disclose the triangulation algorithm calculates the location by: analyzing one or more signal measurements for each of the one or more NMRs for each cell site that the user device is attached to; computing a distance between the user device and each of cell site that the user device is attached to based on the one or more NMRs and the one or more CGIs; and determining an intersection point of the distance to identify the location.
However, in the same field of endeavor, Sundaram discloses receive, from first tags each having a known fixed location, first identifiers corresponding to the first tags; receive, from the unknown tag, a second identifier corresponding to the unknown tag; and receive, from the unknown tag, third identifiers corresponding to neighboring tags of the unknown tag; wherein the processor is configured to: determine the location of the unknown tag based on (1) the known fixed locations of the first tags and (2) the third identifiers corresponding to the neighboring tags; and determine the location of the unknown tag by using one or more of an intersection operation and triangulation based on a detected broadcast power level of each of the neighboring tags received with the third identifiers, wherein the triangulation based on the detected broadcast power level comprises: determining a radial distance from each of the neighboring tags based on the detected broadcast power level corresponding to the neighboring tags; and comparing the radial distances to determine a meeting location of the radial distances when originating from corresponding ones of the neighboring tags, wherein the meeting location corresponds to the location of the unknown tag (claim 1).
It is desirable to have the triangulation algorithm calculates the location by: analyzing one or more signal measurements for each of the one or more NMRs for each cell site that the user device is attached to; computing a distance between the user device and each of cell site that the user device is attached to based on the one or more NMRs and the one or more CGIs; and determining an intersection point of the distance to identify the location because it provide simple method for determining the location of a device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of Sundaram in the method of Issakov for the benefit of simplify the location estimation process.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Issakov et al. (US 2021/0314901 A1)as applied in claim 16, and further in view of Sundaram et al. (US 10,142,797 B2).
Issakov discloses all subject matter of claim 16, and further discloses ECID positioning algorithm that also utilizes NMR data that may be implemented by the positioning server host 440 of the location platform 150. In general, multiple RSS measurements from cells are used in a weighted triangulation to estimate UE position (para. 0037); but fails to explicitly disclose the location is calculated by analyzing one or more signal measurements within the one or more NMRs and computing distances between the user device and one or more cell towers based on a signal strength and the one or more CGIs.
However, in the same field of endeavor, Sundaram discloses receive, from first tags each having a known fixed location, first identifiers corresponding to the first tags; receive, from the unknown tag, a second identifier corresponding to the unknown tag; and receive, from the unknown tag, third identifiers corresponding to neighboring tags of the unknown tag; wherein the processor is configured to: determine the location of the unknown tag based on (1) the known fixed locations of the first tags and (2) the third identifiers corresponding to the neighboring tags; and determine the location of the unknown tag by using one or more of an intersection operation and triangulation based on a detected broadcast power level of each of the neighboring tags received with the third identifiers, wherein the triangulation based on the detected broadcast power level comprises: determining a radial distance from each of the neighboring tags based on the detected broadcast power level corresponding to the neighboring tags; and comparing the radial distances to determine a meeting location of the radial distances when originating from corresponding ones of the neighboring tags, wherein the meeting location corresponds to the location of the unknown tag (claim 1).
It is desirable for the location is calculated by analyzing one or more signal measurements within the one or more NMRs and computing distances between the user device and one or more cell towers based on a signal strength and the one or more CGIs because it provides simple method for determining the location of a device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of Sundaram in the method of Issakov for the benefit of simplify the location estimation process.
Allowable Subject Matter
Claim 7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Edge (EP 4027661 A1) discloses location of a mobile device with 5G wireless access using SUPL.
Ward et al. (US 2009/0005061 A1) discloses location quality of service indicator.
Reddy et al. (US 12,647,937 B2) discloses signal strength based positioning with carrier frequency information.
Vegesna et al. (US 12,513,649 B2) discloses network based location performance improvement using DSDA.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIU M LEE/Primary Examiner, Art Unit 2632 9/18/2026
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