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 .
Priority
The instant application claims foreign priority to 10-2022-0100918, filed 08/11/2022 and claims foreign priority to 10-2022-0125145, filed 09/30/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted, IDS - 09/10/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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.
Claim(s) 16-20, 22, 23 and 25-28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by PENG et al. “US 20250133529 A1”.
Regarding Claim 16,
PENG discloses, ‘A method by a user equipment (UE) comprising:
receiving configuration information for configuring time domain windows (TDWs) for a carrier phase measurement within a measurement gap from a network ‘( the wireless communication device is configured to measure the reference signals for positioning within a processing window associated to carrier [0024-0025]. PRS processing window is a periodicity. Alternatively, the periodicity of the PRS processing window is in unit of milli-second (ms) or time slot [0137]. The PRS measured by a WTRU can be within a PRS processing window. The PRS measured by a UE can be within a measurement-gap [0084]. A WTRU can measure phase difference of PRS between two CC [0114]. Disclosure claim 1 and Fig. 10, receiving the WTRU configuration PRS; measuring and reporting the WTRU. Measure phase difference, disclosure claim 6. Measures carrier phase [0086] and report carrier phase disclosure Claim 23.);
And discloses, ‘measuring a phase difference of positioning reference signals (PRSs) based on the configuration information’ (a WTRU receives configuration and measures plurality of PRS disclosure claim 1, and measures the phase difference disclosure claim 6 and [0107-0108] and Fig. 11.);
And discloses, ‘and reporting measurement information regarding the phase difference to the network,
same TDW among the TDWs.’ (WTRU report measurement of time difference and phase difference measurement includes the PRS-identifier, disclosure claim 1 and claim 6. WTRU Measures PRS within a PRS processing window associated to PRS resource set configured [0025, 0084], disclosure claim 1, disclosure 21 and disclosure claim 22. Measures phase difference accuracy, Fig. 5 includes PRS-identifier and report [0111]. The UE report phase difference to the BS [0100, 0163]. Fig. 11 includes measurement of time difference, phase difference and report. PRS processing window is a periodicity, time slot, within a SS/PBCH block measurement timing configuration (SMTC) window [0135-0138, 0140] .)
Regarding Claim 17,
‘The method of claim 16’ (disclosed above),
And discloses, ‘wherein a size of each of the TDWs is determined based on a specific number of slots or a specific number of symbols included in the configuration information.’ (The PRS processing window is unit-mili-second or time slots [0137]. And slots and symbols uses the number specific [0123-0127, 0149-0150].)
Regarding Claim 18,
‘The method of claim 16’ (disclosed above),
And discloses, ‘wherein a size of each of the TDWs is determined based on the number of PRS resource sets or the number of transmission reception points (TRPs) included in the configuration information.’(configuration PRS resource sets [0107]. A PRS processing window associated with a PRS resource set configured by the network [0140]. The PRS includes identifier of PRS and a TRP [0030] and the UE report the measurement associated PRS-ID, PRS-resource-set, one/more TRP-ID [0108-0111]. Number of PRS-resources N-units mili-seconds T mili-seconds. Duration of PRS symbols [0150-0151]. )
Regarding Claim 19,
‘The method of claim 16’ (disclosed above),
And discloses, ‘wherein a size of each of the TDWs is determined based on the number of transmission reception points (TRPs) or the number of PRS resource sets configured in a positioning frequency layer configured for the UE.’ (configuration of PRS and frequency layer resource sets and frequency layer. Configured to measure PRS associated to PRS resource set, disclosure claim 1 and claim 22, [0107-0110]. Measurement results includes PRS-resource-set and TRP-identifier, disclosure claim 18.)
Regarding Claim 20,
‘The method of claim 16’ (disclosed above),
And discloses, ‘wherein the configuration information includes information about a size of each of the TDWs and a gap between the TDWs.’ (The PRS measured by a UE can be within a measurement gap. Measured by a UE can be within a PRS processing window [0084, 0140] time-gap [0124-0125]. Processing window is a periodicity e.g., (time slot, mili-seconds). SS/PBCH block timing measurement configuration [0137-0138]. )
Regarding Claim 22,
‘The method of claim 16’ (disclosed above),
And discloses, ‘wherein the configuration information includes information about a reference transmission reception point (TRP) related to a PRS.’ (the UE measures PRS between TRP [0163]. Measurement includes TRP [0109-110].)
Regarding Claim 23,
‘The method of claim 22’ (disclosed above),
And discloses, ‘wherein the TDWs are configured from a specific timing within the measurement gap, and
wherein the specific timing is determined based on a timing at which the PRS is received from the reference TRP within the measurement gap.’ (specific time [0124-0125].)
Regarding Claim 25,
PENG discloses, ‘A user equipment (UE) comprising:
a radio frequency (RF) transceiver’ (Fig. 2);
And discloses, ‘and a processor connected to the RF receiver,
wherein the processor controls the RF transceiver to receive configuration information for configuring time domain windows (TDWs) for a carrier phase measurement within a measurement gap from a network, measures a phase difference of positioning reference signals (PRSs) based on the configuration information, and reports measurement information regarding the phase difference to the network, and
wherein the phase difference is measured using only the PRSs received within a same TDW among the TDWs.’ (Fig. 2 illustrates the processor/transceiver. Methods/implementation disclosed executed by processor [0058]. receive the configuration second claim element similar to Claim 1 disclosed above.)
Regarding Claim 26,
Similar to Claim 16 disclosed above, ‘A method by a network comprising:
transmitting configuration information for configuring time domain windows (TDWs) for a carrier phase measurement within a measurement gap to the a user equipment (UE);
measuring a phase difference of positioning reference signals (PRSs) based on the configuration information; and
receiving measurement information regarding the phase difference,
wherein the measurement information includes the phase difference measured using only the PRSs received within a same TDW among the TDWs.’ (The WTRU received configuration sent by the NW/BS disclosed above Claim 16. )
Regarding Claim 27,
‘The method of claim 26’ (disclosed above),
Similar to claim 17 disclosed above, ‘wherein a size of each of the TDWs is indicated based on the configuration information including a specific number of slots or a specific number of symbols.’
Regarding Claim 28,
‘The method of claim 26’ (disclosed above),
Similar to claim 18 disclosed above, ‘wherein a size of each of the TDWs is indicated based on the configuration information including the number of PRS resource sets or the number of transmission reception point (TRP) identifiers (IDs).’ (TRP-identifier [0108-0111].)
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
he claimed invention pertains. Patentability shall not be negated by the manner
in which the invention was made.
The factual inquiries for establishing a background for determining obviousness
under 35 U.S.C. 103 are summarized as follows:
• Determining the scope and contents of the prior art.
• Ascertaining the differences between the prior art and the claims at issue.
• Resolving the level of ordinary skill in the pertinent art.
• Considering objective evidence present in the application indicating
• obviousness or nonobviousness.
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.
Claims 21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over PENG et al. in view of Hoang et al. (US-20250151010-A1), prov. 63395462, 08/05/2022 included to this office action hereinafter “Hoang”.
Regarding Claim 21,
‘The method of claim 16’ (disclosed above),
And discloses, ‘wherein a size of each of the TDWs is determined based on a maximum time period.’ (PRS processing window is within SS/PBCH measurement time configuration [0138]. The UE can process/capability within a PRS processing window includes maximum aggregated bandwidth in component-carrier (CC). Slot/symbols at CC, number-CC-slots. Symbol/slot-level buffering. N units of mili-second a UE can process every T mili-second [0148-0152]. )
And didn’t disclose, ‘during which the UE maintains phase continuity’,
Hoang in the relevant art discloses, time window configured and perform phased measurement. Maintain phase-continuity during the time window. Enable phase measurement [0177-0178], prov. [0129-0130].
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of PENG and to include
with that of Hoang to come up with the claim invention,
PENG motive to perform measurement within a PRS processing window [0163]. Perform time and phase difference of PRS disclosure claim 1 and claim 6. Measure accuracy in phase difference Fig. 5 and to improve accuracy-positioning method [0111, 0163]. PENG complement the motive to indicate the phase measurement-accuracy of phase maintenance achievable for PRS phase measurement [0178], prov. [0129-0130].
Regarding Claim 24,
‘The method of claim 16’ (disclosed above),
And didn’t disclose, ‘wherein the UE fixes a phase locked loop (PLL) during a time period of each of the TDWs.’
Hoang in the relevant art discloses, The WTRU determine to perform phase difference measurement where PRS has time error and /or phase error [0173], prov. [0125]. PLL high-precision to maintain phase continuity configured QoS to enable the phase measurement. Indicates a granularity of phase continuity [0178], prov. [0130]. To deactivate any of a PLL (e.g., high precision PLL), a time window, and/or PRS for phase measurements. Determines consistency of phase continuity [0178-0180], prov. [0130-0132]. Time window during phase continuity maintained activation/deactivation [0181-0183], prov [0133-0135].
Motive would be identical to perform measurement specific to phase difference and measure accurately phase difference. More specifically PENG discloses to receive configuration to perform the phase difference measurement and to identify the accuracy in measurement uses cumulative distribution function. To improve the positioning-method [0105, 0111, 0163]. Hoang complement the motive to improve accuracy in phase continuity identifies the phase error [0173] to maintain high precision determine the consistency of phase continuity [0178-0179]. Specifically discloses, the WTRU receives configuration indicate phase maintenance time window to maintain phase continuity includes phase drift [0174], prov. [0126]. The WTRU determine phase difference measurement between PRS resources identify phase error/drift below pre-configured threshold [0302], prov. [0169].
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure:
(US20240179689A1) “Time domain window for joint channel estimation”.
Fischer, Sven. "5G NR positioning." 5G and Beyond: Fundamentals and Standards. Cham: Springer International Publishing, 2021. (Year: 2021). Fig. 15.9 and Fig. 15.11 illustrates measurement error.
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Tech Report 38.855: Study on NR positioning support (Year: 2019)
Tech Spec 38.455: NG-RAN; NR Positioning Protocol A (NRPPa) (Year: 2022)
Tech Spec 37.355: LTE Positioning Protocol (LPP) (Year: 2022)
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/S.A./Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466