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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/31/2026 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Elements 1004 and 1104 refer to a “positioning module” in para 195 and para 213, respectively.
The Examiner acknowledges that the aforementioned paragraphs indicate the “positioning module” is optional. However, in paragraphs 196 and 214, respectively, it is disclosed “The positioning module 1004/1104 is configured to perform an SL positioning operation based on the first positioning message.” Taking Claim 4 as exemplary, it recites “performing, by the network side device, an SL positioning operation based on the first positioning message.”. Claim 8 recites similar language regarding the terminal device. Therefore, based on the specification and the claimed subject matter, it appears the positioning module is necessary to the claimed invention and should be included in the drawings.
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. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
The disclosure is objected to because of the following informalities:
The use of the term WiFi, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claims 1, 5, 11, and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2-4, 6-10 and 12-16 are based on independent claims, respectively, that list multiple alternative limitations, which renders certain dependents claims indefinite depending on the option selected. Taking Claim 1 as exemplary: “A positioning message transmission method, comprising at least one of the following: generating, by a first protocol layer of a network side device, a first positioning message, wherein the first positioning message is used for sidelink (SL) positioning; and sending, by the first protocol layer of the network side device, the first positioning message; or (emphasis added) receiving, by the first protocol layer of the network side device, the first positioning message.”, which is in the alternative. Therefore, if the alternative in claim 1 for each respective claim is selected then the dependent claims would be rendered indefinite. As exemplary, claim 2 recites “wherein the sending.” which is directed only toward the first option in claim 1, therefore claim 3 would be indefinite. Similarly, claim 3 recites “wherein the receiving.” which is directed only toward the second option in claim 1, therefore claim 2 would be indefinite. Applicant is encouraged to amend claims so that it is clear what is being claimed and so that the limitations are consistent the respective independent claims. Claims 2-4, 6-10, 12-16 are rejected for at least the same reason. In other words, claim 1 can have any of the following six optional limitations:
generating
generating and sending
generating and receiving
sending
sending and receiving or
receiving
If Claims 1, 5, 11, and 17-19 use only the generating or sending or receiving limitation, they would be abstract and patent ineligible under 101. Examiner suggests amending the claim to reflect the options clearly and concretely. For example, taking claim 1 as exemplary:
“A positioning message transmission method, comprising
generating, by a first protocol layer of a network side device, a first positioning message, wherein the first positioning message is used for sidelink (SL) positioning, and sending, by the first protocol layer of the network side device, the first positioning message; or
receiving, by the first protocol layer of the network side device, the first positioning message.”
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 1-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sirotkin et al. (US 20260040264 A1 and Sirotkin hereinafter).
Regarding Claim 1, Sirotkin discloses a positioning message transmission method, comprising at least one of the following: generating, by a first protocol layer of a network side device (i.e. the sidelink protocol stack can be enhanced to support the LPP (or another positioning protocol) over sidelink. These enhancements can enable LPP messages to be transported over the sidelink interface (e.g., PC5 interface) between UEs, as shown in the sidelink positioning architecture 400 in FIG. 4) Para [0042] and (i.e. the LPP is a point-to-point protocol used between a positioning server (e.g., the LMF 104 in the control plane, or SLP in the user plane) and a target device (e.g., the UE 112 in the control plane, or the SET in the user plane). LPP can use various protocols as the underlying transport, including (but not limited to) control-plane and user-plane protocols.) Para [0031], a first positioning message (i.e. the CN 340 of the communication system 300 can include a positioning server, such as an LMF (not shown), configured to interact with the UEs 305 in order to obtain a location estimate or positioning measurements, or to transfer assistance data to the UE 305) Para [0041], wherein the first positioning message is used for sidelink (SL) positioning (i.e. the sidelink protocol stack can be enhanced to support the LPP (or another positioning protocol) over sidelink. These enhancements can enable LPP messages to be transported over the sidelink interface (e.g., PC5 interface) between UEs, as shown in the sidelink positioning architecture 400 in FIG. 4) Para [0042]; and sending, by the first protocol layer of the network side device, the first positioning message (Figure 1 & 2; i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE or a Gateway Mobile Location Center [GMLC])) Para [0030].; or receiving, by the first protocol layer of the network side device, the first positioning message (i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE or a Gateway Mobile Location Center [GMLC])…The AMF 102 can then send a location services request to the LMF 104.) Para [0030].
Regarding Claim 2, Sirotkin discloses all the limitations of claim 1 as discussed above. Further Sirotkin discloses wherein the sending, by the first protocol layer of the network side device, the first positioning message comprises sending, by the first protocol layer of the network side device, the first positioning message to a network side Access and Mobility Management Function (AMF) network element (Figure 1 & 2; i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE or a Gateway Mobile Location Center [GMLC]), ) Para [0030].
Regarding Claim 3, Sirotkin discloses all the limitations of claim 1 as discussed above. Further Sirotkin discloses wherein the receiving, by the first protocol layer of the network side device, the first positioning message comprises receiving, by the first protocol layer of the network side device, the first positioning message from an AMF (Figure 1 & 2; i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE or a Gateway Mobile Location Center [GMLC])…The AMF 102 can then send a location services request to the LMF 104.) Para [0030].
Regarding Claim 4, Sirotkin discloses all the limitations of claim 1 as discussed above. Further Sirotkin discloses wherein after the receiving, by the first protocol layer of the network side device, the first positioning message (i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE)… The AMF 102 can then send a location services request to the LMF 104) Para [0030], the method further comprises performing, by the network side device, an SL positioning operation based on the first positioning message (i.e. The LMF 104 processes the location services request, which can include determining the position of the UE 112, transferring assistance data to the UE 112 to assist with UE-based and/or UE-assisted positioning, or the like. The LMF 104 can then return the results of the location service (e.g., a position estimate for the UE 112) back to the AMF 102. In the case of a location service requested by an entity other than the AMF 102 (e.g., a GMLC or UE), the AMF 102 can return the location service result to this entity.) Para [0030].
Regarding Claim 5, Sirotkin discloses a positioning message transmission method, comprising at least one of the following: receiving, by a first protocol layer of a terminal, a first positioning message, wherein the first positioning message is used for sidelink (SL) positioning (i.e. the positioning message can be included in a SCCH-Message received on the sidelink interface over PC5-RRC) Para [0055]; or generating, by the first protocol layer of the terminal, the first positioning message (i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE) Para [0030]; and sending, by the first protocol layer of the terminal, the first positioning message (i.e. the AMF 102 can receive a request for a location service associated with the UE 112 from another entity (e.g., the UE)) Para [0030] and (i.e. the LPP is a point-to-point protocol used between a positioning server (e.g., the LMF 104 in the control plane, or SLP in the user plane) and a target device (e.g., the UE 112 in the control plane, or the SET in the user plane). LPP can use various protocols as the underlying transport, including (but not limited to) control-plane and user-plane protocols.) Para [0031].
Regarding Claim 11, Sirotkin suggests all the limitations of claim 1 in device form rather than method form. Sirotkin discloses a terminal (Figure 3, element 305; Figure 9). Therefore, the rejection of claim 1 applies equally as well to the limitations of claim 11.
Regarding Claim 6 and Claim 12, Sirotkin discloses all the limitations of claim 5 and 11, respectively, as discussed above. Further Sirotkin discloses wherein receiving, by the first protocol layer of the terminal, the first positioning message comprises: receiving, by the first protocol layer of the terminal, the first positioning message from a Non-Access Stratum (NAS) layer of the terminal (i.e. in the control-plane case, LPP messages (e.g., L.PP protocol data unit [PDUs]) can be transported between the LMF 104 and the UE 112 on top of the non-access stratum (NAS), as shown by the protocol stack 200 in FIG. 2) Para [00031], wherein the first protocol layer of the terminal is adjacent to the NAS layer of the terminal and is located at an upper layer of the NAS layer of the terminal (Figure 2).
Regarding Claim 7 and Claim 13, Sirotkin discloses all the limitations of claim 5 and 11, respectively, as discussed above. Further Sirotkin discloses wherein before receiving, by the first protocol layer of the terminal, the first positioning message from the NAS layer of the terminal, the method further comprises: receiving, by a Radio Resource Control (RRC) layer of the terminal (Figure 2), an RRC message from an RRC layer of a peer access network device (i.e. transport of LPP messages over sidelink can be implemented by means other than definition of a new message. For example, the RRCReconfigurationSidelink and/or the RRCReconfigurationCompleteSidelink messages (or another message in the SCCH-Message class) can be extended with a new container information element (IE) to carry an LPP message over sidelink) Para [0044], wherein the RRC message comprises a NAS message (i.e. perform control plane functions at a PHY layer, MAC layer, RLC layer, PDCP layer, RRC layer, and a non-access stratum (i.e. NAS) layer.) Para [0065], and the NAS message comprises the first positioning message (i.e. LPP messages (e.g., L.PP protocol data unit [PDUs]) can be transported between the LMF 104 and the UE 112 on top of the non-access stratum (NAS), as shown by the protocol stack 200 in FIG. 2.) Para [0031]; delivering, by the RRC layer of the terminal, the NAS message carried in the RRC message to the NAS layer of the terminal (i.e. LPP can use various protocols as the underlying transport, including (but not limited to) control-plane and user-plane protocols. For example, in the control-plane case, LPP messages (e.g., L.PP protocol data unit [PDUs]) can be transported between the LMF 104 and the UE 112 on top of the non-access stratum (NAS), as shown by the protocol stack 200 in FIG. 2. Other LPP configurations and underlying transports can be used without departing from the scope of the present disclosure.) Para [0031]; and receiving, by the NAS layer of the terminal, the NAS message, and delivering the first positioning message carried in the NAS message to the first protocol layer of the terminal (i.e. the positioning message is received over PC5-RRC. For example, the positioning message can be included in a SCCH-Message received on the sidelink interface over PC5-RRC.) Para [0055].
Regarding Claim 8 and Claim 14, Sirotkin discloses all the limitations of claim 5 and 11, respectively, as discussed above. Further Sirotkin discloses wherein after receiving, by the first protocol layer of the terminal, the first positioning message, the method further comprises performing, by the terminal, an SL positioning operation based on the first positioning message (i.e. After receiving the positioning message, the first UE can generate a response (804). In some examples, the first UE decodes the positioning message and responds accordingly. For example, the first UE can decode the positioning message to determine capability information for the second UE, such as one or more sidelink positioning methods supported by the second UE, a bandwidth supported by the second UE, and/or whether the second UE has knowledge of its absolute coordinates. In some examples, the first UE can decode the positioning message to obtain assistance data from the second UE, such as the absolute coordinates of the second UE and/or a sidelink positioning reference signal configuration of the second UE.) Para [0057].
Regarding Claim 9 and Claim 15 Sirotkin discloses all the limitations of claim 5 and 11, respectively, as discussed above. Further Sirotkin discloses wherein the sending, by the first protocol layer of the terminal, the first positioning message comprises delivering, by the first protocol layer of the terminal, the first positioning message to a NAS layer of the terminal (i.e. LPP messages (e.g., LPP protocol data unit [PDUs]) can be transported between the LMF 104 and the UE 112 on top of the non-access stratum (NAS), as shown by the protocol stack 200 in FIG. 2) Para [0031], wherein the first protocol layer of the terminal is adjacent to the NAS layer of the terminal and is located at an upper layer of the NAS layer of the terminal (Figure 2).
Regarding Claim 10 and Claim 16, Sirotkin discloses all the limitations of claim 5 and 11, respectively, as discussed above. Further Sirotkin discloses wherein after delivering, by the first protocol layer of the terminal, the first positioning message to the NAS layer of the terminal, the method further comprises: delivering, by the NAS layer of the terminal, a NAS message to an RRC layer of the terminal, wherein the NAS message comprises the first positioning message (Figure 2, where the NAS message is delivered to the terminal from the AMF and then passed to the RRC to communicate with the network device); and sending, by the RRC layer of the terminal, an RRC message to an RRC layer of a peer access network device, wherein the RRC message comprises the NAS message (Figure 2, where the UE (terminal device) is connected to the NG RAN (network device) via NR-Uu/LTE-Uu to transport messages via the RRC).
Regarding Claim 17, Sirotkin suggests all the limitations of claim 1 in device form rather than method form. Sirotkin discloses a network device (Figure 3, element 310; Figure 10). Therefore, the rejection of claim 1 applies equally as well to the limitations of claim 17.
Regarding Claim 18, Sirotkin suggests all the limitations of claim 1 in CRM form rather than method form. Sirotkin discloses a computer readable medium (Figure 10, element 1008; i.e. a non-transitory, computer-readable medium storing computer-readable instructions to perform the computer-implemented method; and a computer system including a computer memory interoperably coupled with a hardware processor configured to perform the computer-implemented method or the instructions stored on the non-transitory, computer-readable medium.) Para [0121]. Therefore, the rejection of claim 1 applies equally as well to the limitations of claim 18.
Regarding Claim 19, Sirotkin suggests all the limitations of claim 1 in CRM form rather than method form. Sirotkin discloses a computer readable medium (Figure 9, element 906; i.e. The memory/storage 906 may include one or more non-transitory, computer-readable media that includes instructions (for example, communication protocol stack 924) that may be executed by one or more of the processors 902 to cause the UE 900 to perform various operations described herein.) Para [0066]. Therefore, the rejection of claim 1 applies equally as well to the limitations of claim 19.
Pertinent Prior Art
The prior art made of record is considered pertinent to applicant's disclosure.
Wu (US 20220201645 A1) “SUPPORTING LOCATION SERVICES AT A BASE STATION” (June 23, 2022) is directed to implementing location services at a base station by transporting messages related to a location service (e.g., LTE positioning protocol (LPP) messages, NR positioning protocol (NRPP) messages, or other suitable positioning protocol messages) received from a UE or addressed to the UE.
Thomas et al. (US 20240163835 A1) “RECEIVING A SIDELINK POSITIONING RESOURCE GRANT” (May 16, 2024) is directed to a SL positioning resource request by a higher-layer radio protocol. The transceiver requests set of SL resources from a RAN and receives a SL positioning resource grant for performing a SL positioning session with a responder UE.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Iyonda L. Lewis whose telephone number is (571)272-4440. The examiner can normally be reached Monday - Friday 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IYONDA L LEWIS/Patent Examiner, Art Unit 2647
Iyonda.Lewis@USPTO.gov
/Alison Slater/Supervisory Patent Examiner, Art Unit 2647
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