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
1. Claim 42 is objected to because of the following informalities: Claim 42 recites “The terminal device of claim 40”. However, claim 40 has been canceled. Appropriate correction is required.
Terminal Disclaimer
2. The filing date is incorrect. Please make the necessary changes and resubmit the terminal disclaimer. No fee required.
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.
3. Claims 28, 30-32, 34-43, and 45 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 30-32, 34-43, and 45 of copending Application No. 18/997,157 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons.
Claim 28 of the instant application is met by claims 28, 29 and 33 of copending Application No. 18/997,157.
Claims 30-32 of the instant application are met by claims 30-32 of copending Application No. 18/997,157.
Claims 34-36 of the instant application are met by claims 34-36 of copending Application No. 18/997,157.
Claim 37 of the instant application is met by claims 37, 29 and 40 of copending Application No. 18/997,157.
Claims 38-39 and 41-42 of the instant application are met by claims 38-42 Application No. 18/997,157.
Claim 43 of the instant application is met by claims 43, 33 and 44 of copending Application No. 18/997,157.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claims 28, 30-32, and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al (2025/0159645) in view of Hoang et al (2024/0056997) further in view of Dutta et al (2023/0362846).
Regarding claim 28. Manolakos teaches a terminal device for communication, comprising at least one processor; and at least one memory including computer program code; wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device at least to:
receive, from a plurality of supporting terminal devices, information indicative of corresponding sidelink synchronization sources to which each of the plurality of supporting terminal devices is synchronized (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)); and
obtain, a position of the terminal device, which is based on the indicated information of the corresponding sidelink synchronization sources (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)),
wherein the position of the terminal device is determined based on synchronization (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109));
receive, from a network entity, the synchronization (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)); and
determine the position of the terminal device based on the measurements and the synchronization (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)).
Manolakos does not teach synchronization offsets.
Hoang teaches using synchronization offsets between UEs and the synchronization offsets may be provided to the network and/or other UEs to provide for more accurate location estimations (0278, 0281, 0288-0289, 0354, 0356-0357, 0359, 0362, 0360 – These procedures may be motivated to help the UE or network to calculate the position of the UE accurately). Each UE may broadcast its error information, zone ID, speed, direction, supported positioning methods (0163, 0172, 0198, 0262).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the teaching of Manolakos to incorporate Side Link Synchronization Offsets as taught by Hoang in order to help the UE or network to calculate the position of the UE more accurately.
Regarding RCE 3/19/2026. Applicant argues prior art does not teach receiving, from a network entity, the synchronization offsets among the plurality of supporting terminal devices.
Dutta teaches the UE receives, from a network entity (e.g., base station, eNB, NodeB, gNB – 0057, 0090, 0095, 0123-0124, 0126, 0132, 0147-0148) time offset synchronization regarding one or more synchronization signal resources for ONE or MORE UEs (0004, 0079, 0151). Accordingly, the UE using the first RAT may account for sidelink synchronization signals of the first RAT and second RAT, and may thereby reduce or eliminate interference, among other advantages.
It would have been extremely obvious for one of ordinary skill in the art before the effective filing date to modify Manolakos in view of Hoag to notify (e.g, via a Base Station) the UE regarding time offset synchronization for ONE or MORE UEs as taught by Dutta thereby reducing or eliminating interference, as well as, saving UE resources.
29. (Canceled)
Regarding claim 30. Manolakos teaches wherein the receiving of the information is responsive to a request by the terminal device, for the corresponding sidelink synchronization sources to which each of the plurality of supporting terminal devices is synchronized (0092 – the target UE may detect multiple sidelink UEs that are available for sidelink positioning, e.g., in a discover process, 0100 – a discovered synchronization positioning cluster, 0105-0106 – discovery phase, 0134 – discovery message).
Hoang teaches a first UE may request support from one or more UEs (abstract, 0010, 0203-0205 – positioning assistance request or a discovery message, 0260 – request other UEs, 0294 – positioning synchronization request, 0327 – UE may trigger positioning synchronization signal transmission).
Regarding claim 31. Manolakos teaches perform respective measurements, on one or more sidelink position reference signals from the plurality of supporting terminal devices (abstract – perform SL positioning measurements, 0027 – sidelink positioning measurements, 0095 – RSTD measurements from sidelink UEs, 0101 – RSTD for sidelink, 0114 – RSTD for sidelink, 0118-0119 – RSTD based positioning methods, 0124 – perform sidelink positioning methods, such as RSTD based, 0127 – sidelink positioning method, such as RSTD, 0139 – sidelink positioning method, such as RSTD measurements).
Hoang teaches measuring sidelink RSTD (0170, 0179, 0271, 0288).
Regarding claim 32. Manolakos teaches wherein the measurements are sidelink reference signal time difference (SL RSTD) measurements (abstract – perform SL positioning measurements, 0027 – sidelink positioning measurements, 0095 – RSTD measurements from sidelink UEs, 0101 – RSTD for sidelink, 0114 – RSTD for sidelink, 0118-0119 – RSTD based positioning methods, 0124 – perform sidelink positioning methods, such as RSTD based, 0127 – sidelink positioning method, such as RSTD, 0139 – sidelink positioning method, such as RSTD measurements).
Hoang teaches measuring sidelink RSTD (0170, 0179, 0271, 0288).
33. (Canceled)
Regarding claim 34. Manolakos does not teach wherein the terminal device is further configured to: correct, the measurements using the synchronization offsets among the plurality of supporting terminal devices; and determine the position of the terminal device using the corrected measurements.
Hoang teaches using synchronization offsets between UEs and the synchronization offsets may be provided to the network and/or other UEs to provide for more accurate location estimations (0278, 0281, 0288-0289, 0354, 0356-0357, 0359, 0362, 0360 – These procedures may be motivated to help the UE or network to calculate the position of the UE accurately). Each UE may broadcast its error information, zone ID, speed, direction, supported positioning methods (0163, 0172, 0198, 0262).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the teaching of Manolakos to incorporate Side Link Synchronization Offsets as taught by Hoang in order to help the UE or network to calculate the position of the UE more accurately.
Regarding claim 35. Manolakos teaches wherein the terminal device is further configured to perform one or more of: transmit to a network entity, a measurement report comprising the measurements by the terminal device; or transmit to the network entity, an indication indicative of the corresponding sidelink synchronization sources to which each of the plurality of supporting terminal devices is synchronized (0004, 0065 – 0066).
Hoang teaches wherein the terminal device is further configured to perform one or more of: transmit to a network entity, a measurement report comprising the measurements by the terminal device; or transmit to the network entity, an indication indicative of the corresponding sidelink synchronization sources to which each of the plurality of supporting terminal devices is synchronized (0203, 0206, 0213, 0223).
Regarding claim 36. Manolakos does not teach wherein one or more of the following is applicable: the measurement report indicates the corresponding sidelink synchronization sources to which each of the plurality of supporting terminal devices is synchronized; or the measurements by the terminal device are corrected by the network entity using the synchronization offsets among the plurality of supporting terminal devices, and the position of the terminal device is determined by the network entity using the corrected measurements.
Hoang teaches using synchronization offsets between UEs and the synchronization offsets may be provided to the network and/or other UEs to provide for more accurate location estimations (0278, 0281, 0288-0289, 0354, 0356-0357, 0359, 0362, 0360 – These procedures may be motivated to help the UE or network to calculate the position of the UE accurately). Each UE may broadcast its error information, zone ID, speed, direction, supported positioning methods (0163, 0172, 0198, 0262).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the teaching of Manolakos to incorporate Side Link Synchronization Offsets as taught by Hoang in order to help the UE or network to calculate the position of the UE more accurately.
5. Claims 43 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al (2025/0159645) in view of Hoang et al (2024/0056997) further in view of Thomas et al (2023/0296752).
Regarding claim 43. Manolakos teaches a location management entity for communication, comprising at least one processor; and at least one memory including computer program code; wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device at least to:
receive, from a plurality of supporting terminal devices, information indicative of corresponding sidelink synchronization sources to which each of the plurality of supporting terminal devices is synchronized (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)); and
support positioning determination of a target terminal device using the indicated information (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109));
acquire synchronization (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)): and
provide, to the target terminal device, the synchronization (abstract, 0005-0008, 0027 – Sidelink based positioning of a UE … sidelink UEs are selected based on their synchronization references (e.g., source). The network may provide SL positioning assistance (0058-0059). The determining the position of the UE may be done at the network and/or at the UE (0062, 0065-0069, 0071, 0080). The corresponding sidelink synchronization sources may be identified by their Sidelink Synchronization Signal (SLSS) ID(s) which are mapped/associated to gNB/eNB(s) (0081-0083, 0107-0109)).
Manolakos does not teach synchronization offsets.
Hoang teaches using synchronization offsets between UEs and the synchronization offsets may be provided to the network and/or other UEs to provide for more accurate location estimations (0278, 0281, 0288-0289, 0354, 0356-0357, 0359, 0362, 0360 – These procedures may be motivated to help the UE or network to calculate the position of the UE accurately). Each UE may broadcast its error information, zone ID, speed, direction, supported positioning methods (0163, 0172, 0198, 0262).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the teaching of Manolakos to incorporate Side Link Synchronization Offsets as taught by Hoang in order to help the UE or network to calculate the position of the UE more accurately.
Regarding RCE dated 3/10/2026. Applicant amends prior art does not teach a LMF entity performing the steps.
Thomas teaches the target UE reports synchronization offset to the LMF for determining the location of the target UE (0143-0144). Thomas further teaches other UEs and eNBs report the transmit time to the LMF to compensate the RTD offset (0147).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Manolakos in view of Hoang to employ a LMF as taught by Thomas in order to provide a central location for measurement reporting thereby enabling the LMF to compensate for synchronization offsets thus providing for more accurate UE location determination.
Regarding claim 45. Manolakos does not teach wherein the location management entity is further configured to perform one or both of: determine a position of the target terminal device based on the synchronization offsets among the plurality of supporting terminal devices; or provide, to the target terminal device, the synchronization offsets among the plurality of supporting terminal devices, wherein the synchronization offsets among the plurality of supporting terminal devices are used to determine a position of the target terminal device.
Hoang teaches using synchronization offsets between UEs and the synchronization offsets may be provided to the network and/or other UEs to provide for more accurate location estimations (0278, 0281, 0288 – UE reports synchronization offsets to network, 0289, 0354, 0356-0357, 0359, 0362, 0360 – These procedures may be motivated to help the UE or network to calculate the position of the UE accurately). Each UE may broadcast its error information, zone ID, speed, direction, supported positioning methods (0163, 0172, 0198, 0262).
Thomas teaches the target UE reports synchronization offset to the LMF for determining the location of the target UE (0143-0144). Thomas further teaches other UEs and eNBs report the transmit time to the LMF to compensate the RTD offset (0147).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the teaching of Manolakos to incorporate Side Link Synchronization Offsets as taught by Hoang in order to help the UE or network to calculate the position of the UE more accurately OR determine a position of the target UE based on synchronization offsets as taught by Thomas.
Allowable Subject Matter
6. Claims 37-39 and 41-42 are allowed.
Response to Arguments
7. Applicant’s arguments with respect to claims 28, 30-32, 34-36, 43 and 45 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
---(2021/0051613) Tang et al teaches UEs receive from the network a signaling indicating the timing offset between sidelink synchronization timings of the UEs enabling the UEs to adjust their sidelink synchronization timings based on the timing offsets (0015).
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5.
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/BARRY W TAYLOR/Primary Examiner, Art Unit 2646