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 .
Drawings
The drawings are objected to because Figs. 3-5 contain elements that are not sufficiently dense and dark as required by 37 CFR 1.84(l). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
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 and 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 18-20 of copending Application No. 18/617,453 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
App. No. 19/020,705
App. No. 18/617,453
1. A method comprising: receiving, by a core network, assistance information from at least one node of a radio access network (RAN); and performing, by the core network, location verification of a wireless communication device of the RAN using the assistance information.
1. A method comprising: sending, by a wireless communication device to a wireless communication node, at least one message comprising assistance information for the wireless communication node to perform location verification, wherein the assistance information comprises time information.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Publication No. 2025/0056468 (hereinafter “Saha”)
Regarding claim 1, Saha teaches: A method comprising: receiving, by a core network (e.g., LMF 220), assistance information from at least one node (e.g., NG-RAN node 610) of a radio access network (RAN) (Fig. 9, [0101] Although not illustrated in FIG. 9, the functionality performed at block 910 and block 920 may be performed during a positioning session between a location server and a UE. Step 920); and performing, by the core network, location verification of a wireless communication device of the RAN using the assistance information ([0073] Among other things, NTN positioning may provide network-verified UE location, according to some embodiments. Network verification occurs when the network would like to verify the position of the UE as provided by the UE or another source. For example, the UE may provide the network with a GNSS-based position, but network may want to verify the location (e.g., within a specified or predetermined range) to ensure the location is not erroneous, which may be desirable when services provided to the UE have geographical limitations. An erroneous location of the UE may be provided, for example, if GNSS spoofing of satellite signals is occurring in the location of the UE, or if the UE itself is spoofing its location intentionally.).
Regarding claim 2, Saha teaches: wherein the at least one node includes a base station ([0116] FIG. 11 is a block diagram of an embodiment of a NG-RAN node 1100, which can be utilized as described herein above, in connection with base stations, TRPs, NTN satellites, and other such NG-RAN nodes of a wireless network.), and the assistance information comprises first assistance information, which comprises at least one of: ephemeris information of at least one satellite (Fig. 9, “ephemeris information,”); common timing advance (TA) parameters of the at least one satellite (Fig. 9, “time frequency pre-compsensation”); at least one of: an angle of arrival (AoA) or an angle of departure (AoD) at the at least one satellite ([0053] The gNBs 210 and ng-eNB 214 can communicate with an AMF 215, which, for positioning functionality, communicates with an LMF 220 . . . angle of arrival (AoA), angle of departure (AoD)); an estimation of a location of the wireless communication device by the base station ([0054]); at least one parameter of TA reported by the wireless communication device ([0084] an enhanced E-CID message additionally or alternatively may include Doppler offset information along with timing advance information in a “measurement results” field.); assistance information reported by the wireless communication device to the base station, comprising at least one of: the location of the wireless communication device (Fig. 9, “a location with a time stamp”), a mobility status of the wireless communication device, a trajectory of the wireless communication device, a measurement of reference signal received power (RSRP) or reference signal received quality (RSRQ) of a serving cell or at least one neighbor cell, ephemeris information applied at the wireless communication device, or common TA parameters; time information corresponding to one or more of foregoing information (Fig. 9, “time frequency pre-compensation”); at least one of a cell identifier (ID) or a beam ID corresponding to one or more of the foregoing information ([0094] the message may comprise an E-CID message); or a beam ID corresponding to at least one defined measurement result ([0080] According to some embodiments, the new information that may be transferred via NRPPa from each satellite to LMF may comprise information regarding the satellite, such as a location with time stamp, ephemeris information, polarization, or a combination thereof, on a per-satellite basis (NG-RAN node or TRP). Additionally or alternatively, new information may comprise satellite beam footprint information on a per-satellite-beam basis, e.g., in a manner as previously described with respect to LPP. The satellite beam footprint information may be provided explicitly or implicitly.).
Regarding claim 3, Saha teaches: wherein the assistance information is indicated via a next generation (NG) interface or an N2 interface ([0050] Fig. 6, NG-RAN node 610 (e.g., NTN satellite).
Regarding claim 4, Saha teaches: sending, by the core network to the base station, a signaling to trigger or request reporting of the first assistance information (Fig. 9, Step 910).
Regarding claim 5, Saha teaches: wherein the signaling is sent using new radio positioning protocol A (NRPPa) protocol ([0056] As further illustrated in FIG. 2, the LMF 220 may communicate with the gNBs 210 and/or with the ng-eNB 214 using an NR Positioning Protocol annex (NRPPa) as defined in 3GPP Technical Specification (TS) 38.455.).
Regarding claim 6, Saha teaches: wherein the signaling is sent via a next generation (NG) interface or an N2 interface ([0050] Fig. 6, NG-RAN node 610 (e.g., NTN satellite)).
Regarding claim 7, Saha teaches: the core network receives the assistance information reported by the wireless communication device to the base station, in a defined container message from the base station ([0054] The Gateway Mobile Location Center (GMLC) 225 may support a location request for the UE 105 received from an external client 230 and may forward such a location request to the AMF 215 for forwarding by the AMF 215 to the LMF 220).
Regarding claim 8, Saha teaches: wherein the at least one node includes the wireless communication device, and the assistance information comprises second assistance information, which comprises at least one of: timing advance (TA) applied at the wireless communication device; the ephemeris information applied at the wireless communication device; common timing advance (TA) parameters applied at the wireless communication device; a location of the wireless communication device; at least one of a mobility status or a trajectory of the wireless communication device; a measurement of reference signal received power (RSRP) or reference signal received quality (RSRQ) of a serving cell or at least one neighbor cell; time information corresponding to one or more of foregoing information; at least one of a cell identifier (ID) or a beam ID corresponding to one or more of the foregoing information; or a beam ID corresponding to at least one defined measurement result ([0059] With a UE-assisted position method, UE 105 may obtain location measurements and send the measurements to a location server (e.g., LMF 220) for computation of a location estimate for UE 105. For RAT-dependent position methods location measurements may include one or more of a Received Signal Strength Indicator (RSSI), Round Trip signal propagation Time (RTT), Reference Signal Received Power (RSRP), Reference Signal Received Quality (RSRQ), Reference Signal Time Difference (RSTD), Time of Arrival (TOA), AoA, Receive Time-Transmission Time Difference (Rx-Tx), Differential AoA (DAOA), AoD, or Timing Advance (TA) for gNBs 210, ng-eNB 214, and/or one or more access points for WLAN 216. Additionally or alternatively, similar measurements may be made of sidelink signals transmitted by other UEs, which may serve as anchor points for positioning of the UE 105 if the positions of the other UEs are known. The location measurements may also or instead include measurements for RAT-independent positioning methods such as GNSS (e.g., GNSS pseudorange, GNSS code phase, and/or GNSS carrier phase for GNSS satellites), WLAN, etc.).
Regarding claim 9, Saha teaches: wherein the assistance information is indicated via an N1 interface ([0050] relaying of uplink (UL) and downlink (DL) control plane Non-Access Stratum (NAS) signaling between UE 105 and AMF 215 across an N1 interface.).
Regarding claim 10, Saha teaches: sending, by the core network to the wireless communication device, a signaling to trigger or request reporting of the second assistance information ([0052] In some embodiments, an access node, such as a gNB 210, ng-eNB 214, WLAN 216, or NTN satellite 110, or a combination thereof, (alone or in combination with other components of the 5G NR positioning system 200), may be configured to, in response to receiving a request for location information from the LMF 220, obtain location measurements of uplink (UL) signals received from the UE 105) and/or obtain downlink (DL) location measurements from the UE 105 that were obtained by UE 105 for DL signals received by UE 105 from one or more access nodes.).
Regarding claim 11, Saha teaches: wherein the signaling is sent using new radio positioning protocol (NRPP) protocol ([0056-57]).
Regarding claim 12, Saha teaches: wherein the signaling is sent via an N1 interface ([0050] relaying of uplink (UL) and downlink (DL) control plane Non-Access Stratum (NAS) signaling between UE 105 and AMF 215 across an N1 interface.).
Regarding claim 13, Saha teaches: sending, by the core network to the base station, a first signaling to trigger or request reporting of the assistance information, wherein the base station sends a second signaling to the wireless communication device to trigger or request the reporting of the assistance information ([0057] In the case of UE 105 access to WLAN 216, LMF 220 may use NRPPa and/or LPP to obtain a location of UE 105 in a similar manner to that just described for UE 105 access to a gNB 210 or ng-eNB 214. Thus, NRPPa messages may be transferred between a WLAN 216 and the LMF 220, via the AMF 215 and N3IWF 250 to support network-based positioning of UE 105 and/or transfer of other location information from WLAN 216 to LMF 220).
Regarding claim 14, Saha teaches: wherein the first signaling is sent via a next generation (NG) interface or an N2 interface, and the second signaling is sent via an Uu interface ([0069] The service link 450 may serve as a Uu interface to the wireless network access to via the gateway 420. In some embodiments, the gateway 420 and/or satellites 410 may be associated with a base station of cellular network (e.g., gNB of a 5G network), and may comprise remote RUs and/or DUs of the base station, operatively functioning as TRPs, TPs, and/or RPs of the base station.).
Regarding claim 15, Saha teaches: wherein: the at least one node of the RAN comprises a base station; the wireless communication device sends at least one location verification measurement result to the base station; and the core network receives the at least one location verification measurement result from the base station, the at least one location verification measurement result forming at least a part of the assistance information ([0073] For example, the UE may provide the network with a GNSS-based position, but network may want to verify the location (e.g., within a specified or predetermined range) to ensure the location is not erroneous, which may be desirable when services provided to the UE have geographical limitations.).
Regarding claim 16, Saha teaches: wherein the at least one location verification measurement result comprises at least one of: difference in measurements of round-trip times (RTTs) or between receive and transmit (Rx-Tx) times; at least one measurement of reference signal time difference (RSTD); at least one measurement of relative time of arrival (RTOA); a timestamp or time information of at least one of foregoing measurements; or at least one of a cell identifier (ID) or a beam ID corresponding to one or more of the foregoing measurements ([0086] The types and/or values of NTN-related information described herein may vary, depending on the application. Generally speaking, because network verification applications may not need the degree of accuracy that a positioning application may need, network verification applications may comprise a subset of the type of information used for NTN positioning and/or parameter values indicative of relaxed accuracy requirements. For example, the expiration (e.g., “validityTime”) of delay and Doppler information may be relaxed in comparison with positioning applications requiring a more accurate determination of the UE location.).
Regarding claim 17, Saha teaches: sending, by the core network to the base station, a first signaling to trigger or request reporting of the at least one defined measurement result; or causing the base station to send a second signaling to the wireless communication device to trigger or request the reporting of the at least one defined measurement result ([0082], Step 620).
Regarding claim 18, Saha teaches: A core network node, comprising: at least one processor configured to: receive, via a receiver, assistance information from at least one node of a radio access network (RAN) (Fig. 9, Although not illustrated in FIG. 9, the functionality performed at block 910 and block 920 may be performed during a positioning session between a location server and a UE. Step 920); and perform location verification of a wireless communication device of the RAN using the assistance information ([0073] Among other things, NTN positioning may provide network-verified UE location, according to some embodiments. Network verification occurs when the network would like to verify the position of the UE as provided by the UE or another source. For example, the UE may provide the network with a GNSS-based position, but network may want to verify the location (e.g., within a specified or predetermined range) to ensure the location is not erroneous, which may be desirable when services provided to the UE have geographical limitations. An erroneous location of the UE may be provided, for example, if GNSS spoofing of satellite signals is occurring in the location of the UE, or if the UE itself is spoofing its location intentionally.).
Regarding claim 19, Saha teaches: A method comprising: sending, by at least one node of a radio access network (RAN), assistance information to a core network (Fig. 9, Although not illustrated in FIG. 9, the functionality performed at block 910 and block 920 may be performed during a positioning session between a location server and a UE. Step 920); and causing the core network to perform location verification of a wireless communication device of the RAN, using the assistance information ([0073] Among other things, NTN positioning may provide network-verified UE location, according to some embodiments. Network verification occurs when the network would like to verify the position of the UE as provided by the UE or another source. For example, the UE may provide the network with a GNSS-based position, but network may want to verify the location (e.g., within a specified or predetermined range) to ensure the location is not erroneous, which may be desirable when services provided to the UE have geographical limitations. An erroneous location of the UE may be provided, for example, if GNSS spoofing of satellite signals is occurring in the location of the UE, or if the UE itself is spoofing its location intentionally.).
Regarding claim 20, Saha teaches: A at least one node of a radio access network (RAN), comprising: at least one processor configured to: send, via a transmitter, assistance information to a core network (Fig. 9, Although not illustrated in FIG. 9, the functionality performed at block 910 and block 920 may be performed during a positioning session between a location server and a UE. Step 920); and cause the core network to perform location verification of a wireless communication device of the RAN, using the assistance information ([0073] Among other things, NTN positioning may provide network-verified UE location, according to some embodiments. Network verification occurs when the network would like to verify the position of the UE as provided by the UE or another source. For example, the UE may provide the network with a GNSS-based position, but network may want to verify the location (e.g., within a specified or predetermined range) to ensure the location is not erroneous, which may be desirable when services provided to the UE have geographical limitations. An erroneous location of the UE may be provided, for example, if GNSS spoofing of satellite signals is occurring in the location of the UE, or if the UE itself is spoofing its location intentionally.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2026/0040261 (Yao) related to UE location verification in non-terrestrial network (NTN)
U.S. Publication No. 2026/0056277 (Thomas) related to non-terrestrial network-based user equipment location verification
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN BARRY whose telephone number is (571)272-0201. The examiner can normally be reached 8:00am EST to 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong HU can be reached at (571) 272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAB/ Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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