Prosecution Insights
Last updated: April 19, 2026
Application No. 18/134,680

Positioning Method, Terminal, and Network Side Device

Non-Final OA §103
Filed
Apr 14, 2023
Examiner
TIMORY, KABIR A
Art Unit
2631
Tech Center
2600 — Communications
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
3 (Non-Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
1009 granted / 1205 resolved
+21.7% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
1234
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1205 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Request for Continued Examination (RCE) Under 37 CFR 1.114 2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/04/2026 has been entered. Response to Arguments 3. This office action is in response to the amendment filed on 02/04/2026. Claims 1-20 are pending in this application and have been considered below. 4. Applicant’s arguments with respect to claims 1 and 19-20 have been considered but are moot in view of new ground(s) of rejection because of the amendments. Claim Objections 5. Claims 1-20 are objected to because of the following informalities: Claims 1, 19 and 20 recite the limitation "a third target configuration window". There is insufficient antecedent basis for this limitation in the claims unless the first target configuration window and second target configuration window are described in the preceding text of the claims. Appropriate correction is required. 6. 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. Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicants are reminded that MPEP 2141.02 states: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). Claim Rejections - 35 USC § 103 7. 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. 8. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 9. Claims 1-2 and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 20210120522) (hereinafter Kim) in view of Siomina et al. (US 20130064219) (hereinafter Siomina). Regarding claims 1 and 19: As shown in figures 1-36, Kim discloses a terminal (see figures 1, 6, 13, 31-32, 35), comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein the program or instructions, when executed by the processor (par 0434-0436), cause the terminal to perform: sending, by a terminal, first information (figure 6, par 0156-0157). Kim discloses all of the subject matter as described above except for specifically teaching wherein the first information comprises request information for a positioning reference signal, and the request information for the first positioning reference signal comprises: expected information about a third target configuration window, wherein configuration information of the third target configuration window comprises at least one of: configuration information of a third target search window, configuration information of a third target measurement window, configuration information of a third target measurement gap (MG), or configuration information of a third target reporting window of the third positioning reference signal. However, Siomina in the same field of endeavor teaches wherein the first information comprises request information for a first positioning reference signal (see figure 2, par 0124-0130), and the request information for the third positioning reference signal (par 0124-0130, 0241-0247) comprises: expected information about a third target configuration window, wherein configuration information of the third target configuration window (par 0124-0130, 024-0247) comprises at least one of: configuration information of a third target search window (par 0124-0130, 0241-0247, claim 26), configuration information of a third target measurement window, configuration information of a third target measurement gap (MG), or configuration information of a third target reporting window of the third positioning reference signal. Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use expected signal search window as taught by Siomina to modify the system and method of Kim in order to configure positioning measurements (par 0124-0130) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results). Regarding claim 20: As shown in figures 1-36, Kim discloses a network-side device (see figures 1, 6, 13, 31-32, 35), comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein the program or instructions, when executed by the processor (par 0434-0436), cause the network-side device to perform receiving first information (par 0156-0157). Kim discloses all of the subject matter as described above except for specifically teaching wherein the first information comprises request information for a first positioning reference signal, and the request information for the first positioning reference signal comprises: expected information about a third target configuration window, wherein configuration information of the third target configuration window comprises at least one of: configuration information of a third target search window, configuration information of a third target measurement window, configuration information of a third target measurement gap (MG), or configuration information of a third target reporting window of the third positioning reference signal. However, Siomina in the same field of endeavor teaches wherein the first information comprises request information for a first positioning reference signal (see figure 2, par 0124-0130, 0241-0247, claim 26), and the request information for the first positioning reference signal (par 0124-0130, 0241-0247, claim 26) comprises: expected information about a third target configuration window, wherein configuration information of the third target configuration window comprises at least one of: configuration information of a third target search window (par 0124-0130, 0241-0247, claim 26), configuration information of a third target measurement window, configuration information of a third target measurement gap (MG), or configuration information of a third target reporting window of the third positioning reference signal. Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use expected signal search window as taught by Siomina to modify the system and method of Kim in order to configure positioning measurements (par 0124-0130) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results). Regarding claim 2: Kim further discloses a wherein the first information further comprises configuration information of a second positioning reference signal, and the configuration information of the second positioning reference signal comprises at least one of: identifier information of the second positioning reference signal, wherein the identifier information comprises at least one of: frequency layer indicator information, transmission and reception point (TRP) identifier information, resource set or resource identifier information, TRP group identifier information, positioning reference signal group identifier information, positioning reference signal resource group identifier information, positioning reference signal resource set identifier information, positioning reference signal reporting set identifier information, MG identifier information, or bandwidth part (BWP) identifier information; configuration information corresponding to the identifier information, wherein corresponding configuration information comprises at least one of: period, muting parameter, number of repetitions, offset within a period, bandwidth information, frequency-domain offset information, time information, spatial direction indication information, transmission configuration indicator (TCI) indication information, Quasi co-location (QCL) indication information, beam indication information, power information, MG configuration information, type of positioning reference signal, BWP information, transmission, stop of transmission, activation or deactivation flag, numerology, or time offset information; positioning method indication information (abstract, par 0138-0139, 0166); precision requirement information; configuration information of a first configuration window; discontinuous reception (DRX) configuration information; positioning reference signal reporting set identifier; indication information of whether to be multiplexed with other signals; configuration information of a multiplexed signal; or priority indication information of the second positioning reference signal. Regarding claim 4: Kim further discloses wherein in a case that the first positioning reference signal is a semi-persistent positioning reference signal (par 0211, table 10), an aperiodic positioning reference signal, or an on-demand positioning reference signal, the configuration information of the second positioning reference signal further comprises at least one of: one or more pieces of activation state information (par 0140, 0156-0157); period and time offset information; time-domain offset information; or starting position information for sending the first positioning reference signal. Regarding claim 5: Kim further discloses wherein the first information further comprises activation information of a second positioning reference signal, and the activation information of the second positioning reference signal comprises at least one of: identifier information of the second positioning reference signal; activation time information; configuration information of the second positioning reference signal; type information of the third positioning reference signal; configuration information of a first target bandwidth part (BWP) (par 0156-0157); reporting information of a fourth positioning reference signal, wherein the fourth positioning reference signal is a subset of the third positioning reference signal; or first target configuration window information, wherein the first target configuration window information comprises at least one of: first target search window information, first target measurement window information, first target MG information, or first target reporting window information of the third positioning reference signal. Regarding claim 6: Kim further discloses wherein the request information for the first positioning reference signal comprises at least one of: identifier information of the first positioning reference signal, wherein the identifier information comprises at least one of: frequency layer indicator information, transmission and reception point (TRP) identifier information, resource set or resource identifier information, TRP group identifier information, positioning reference signal group identifier information, positioning reference signal resource group identifier information, positioning reference signal resource set identifier information, positioning reference signal reporting set identifier information, MG identifier information, or bandwidth part (BWP) identifier information; configuration information corresponding to the identifier information, wherein corresponding configuration information comprises at least one of: period, muting parameter, number of repetitions, offset within a period, bandwidth information, frequency-domain offset information, time information, spatial direction indication information, transmission configuration indicator (TCI) indication information, quasi co-location (QCL) indication information, beam indication information, power information, MG configuration information, type of the first positioning reference signal, BWP information, transmission, stop of transmission, or activation or deactivation flag; terminal-expected configuration information, wherein expected configuration information comprises at least one of: period, muting parameter, number of repetitions, offset within a period, bandwidth information, frequency-domain offset information, time information, spatial direction indication information, TCJ indication information, QCL indication information, beam indication information, power information, MG configuration information, type of the first positioning reference signal, or BWP information; positioning requirement information, wherein the positioning requirement information comprises at least one of: positioning precision, positioning delay, positioning power, positioning method, or positioning reliability; configuration validation time information or configuration time information; a request for time information; a request for configuration information of a second target configuration window, wherein the configuration information of the second target configuration window comprises at least one of: configuration information of a second target search window, configuration information of a second target measurement window, configuration information of a second target MG, or configuration information of a second target reporting window of the first positioning reference signal; or configuration information of a second target BWP (par 0156-0157). Regarding claim 7: Kim further discloses wherein the request information for the first positioning reference signal is used to request for configuration information of the first positioning reference signal; or the first positioning reference signal is a second positioning reference signal (par 0298). Regarding claim 8: Kim further discloses wherein the request information for the first positioning reference signal (see figure 16) further comprises at least one of: identifier information of the first positioning reference signal; activation time information; configuration information of the first positioning reference signal; type information of the first positioning reference signal; positioning requirement information; reporting information of a fifth positioning reference signal, wherein the fifth positioning reference signal is a subset of the first positioning reference signal; third target configuration window information; identifier information of the first positioning reference signal expected to be activated; expected activation time information; expected configuration information of the first positioning reference signal, wherein the expected configuration information of the first positioning reference signal comprises at least one of: period and offset, TCI or QCL, or bandwidth a first target BWP (see figure 16). Regarding claim 9: Kim further discloses wherein the request information for the first positioning reference signal is used to request activation information of the first positioning reference signal (see figure 4, par 0156-0157); or the first positioning reference signal is a third positioning reference signal. Regarding claim 10: Kim further discloses wherein the sending, by a terminal, first information comprises one of: sending, by the terminal, the first information on a physical uplink control channel (PUCCH); sending, by the terminal, the first information on a physical uplink shared channel (PUSCH); having, by the terminal, the first information carried in uplink information for sending (par 0058-0059); or having, by the terminal, the first information carried in uplink signaling for transmission; wherein the uplink signaling comprises at least one of: uplink control information (UCI), media access control control element (MAC CE), radio resource control (RRC) signaling, or long term evolution positioning protocol (LPP) signaling. Regarding claim 11: Kim further discloses wherein the uplink signaling comprises at least one of: a first bit string, wherein each bit in the first bit string or each second bit string of the first bit string is used to indicate activating or requesting a target positioning reference signal, and the target positioning reference signal comprises a third positioning reference signal or the first positioning reference signal, wherein a length of the first bit string is N times a length of the second bit string, and N is a common divisor of number of target reference signals to be activated or requested or a common divisor of number of groups of target reference signals to be activated or requested; first indication information, wherein the first indication information indicates that the activation information of the third positioning reference signal is for activating a second positioning reference signal, or the first indication information indicates that the activation information of the third positioning reference signal is for deactivating the first positioning reference signal, or the first indication information indicates that the request information for the first positioning reference signal is for requesting configuration or activation of the first positioning reference signal; a second bit string, used to indicate a third target MG to be activated or requested; a third bit string, used to indicate a fourth target bandwidth part (BWP) to be activated or to be switched to (figure 4, par 0138); or a fourth bit string, used to indicate a fourth target configuration window to be activated or requested. Regarding claim 12: Kim further discloses wherein the first information further comprises activation information of a third positioning reference signal, and the activation information of the third positioning reference signal (par 0156) or the request information for the first positioning reference signal is used to request, activate, or deactivate at least one of: transmission of the third positioning reference signal (par 0156-0157, 0183-0184), activation of the second positioning reference signal, configuration of the third positioning reference signal, measurement of the third positioning reference signal, configuration of a second positioning reference signal, transmission of the second positioning reference signal, activation of the second positioning reference signal, configuration of the first positioning reference signal, transmission of the first positioning reference signal, activation of the first positioning reference signal, measurement of the first positioning reference signal, reporting of a measurement result for the third positioning reference signal, reporting of a measurement result for the second positioning reference signal, reporting of a measurement result for the first positioning reference signal, or reporting of a measurement result for a subset of the second positioning reference signal, third positioning reference signal, or first positioning reference signal. Regarding claim 13: Kim further discloses wherein the first information further comprises activation information of a third positioning reference signal, and the activation information of the third positioning reference signal and/or the request information for the first positioning reference signal is further used to request, configure, activate, or deactivate a reporting resource; wherein the activation information of the third positioning reference signal and/or the request information for the first positioning reference signal being further used to request, configure, activate, or deactivate a reporting resource comprises at least one of: using a positioning reference signal request information field to indicate requesting a reporting resource, wherein the positioning reference signal request information field is used to request configuration, request or activation of the first positioning reference signal; using a resource request field and a positioning request information field to indicate requesting a reporting resource; using a pre-configured resource indication or a pre-configured resource identifier to request a reporting resource; using a buffer resource request to indicate requesting a reporting resource; using the activation information of the third positioning reference signal to request a reporting resource; using the request information for the first positioning reference signal to request a reporting resource; or using positioning reference signal reporting resource request information to request a reporting resource (reference signal time difference (RSTD) information interpreted to be a reporting resource) (par 0344, 0351-0357). Regarding claim 14: Kim further discloses wherein before the sending, by a terminal, first information, the method further comprises: receiving, by the terminal, second information sent by a network-side device (abstract, par 0009, 0156-0157) or a core network device; wherein the first information and the second information have at least one of following characteristics: that a second positioning reference signal does not belong to the sixth positioning reference signal; that the second positioning reference signal is a subset of a fifth positioning reference signal; that in a case that a configuration information of the second positioning reference signal is same as a configuration information of the sixth positioning reference signal, the first information comprises no configuration information of the fir second st positioning reference signal, or comprises only an identifier of the second positioning reference signal or only indication information of the second positioning reference signal; that the configuration information of the second positioning reference signal is different from the configuration information of the sixth positioning reference signal; that the terminal expects the configuration information corresponding to the sixth positioning reference signal or second positioning reference signal to be changed to configuration information of the first positioning reference signal in the first information; that a third positioning reference signal does not belong to the sixth positioning reference signal or the seventh positioning reference signal; that the third positioning reference signal is a subset of the sixth positioning reference signal or seventh positioning reference signal; that in a case that activation information of the third positioning reference signal is same as activation information of the seventh positioning reference signal, the first information comprises no activation information of the third positioning reference signal, or comprises only an identifier of the third positioning reference signal (abstract, par 0007, 0011, 0330) or only indication information for the third positioning reference signal; that in a case that activation information of the third positioning reference signal is same as activation information of the seventh positioning reference signal, the first information comprises no activation information of the third positioning reference signal, or comprises only an identifier of the third positioning reference signal or only indication information for the third positioning reference signal; that the activation information of the third positioning reference signal is different from the activation information of the seventh positioning reference signal; that the terminal expects the activation information corresponding to the seventh positioning reference signal or the third positioning reference signal to be changed to activation information of the third positioning reference signal in the first information; that the first positioning reference signal does not belong to an eighth positioning reference signal; that the first positioning reference signal is a subset of the eighth positioning reference signal or sixth positioning reference signal; that the request information for the first positioning reference signal is same as request information for the eighth positioning reference signal, and the first information comprises no request information for the first positioning reference signal, or comprises only an identifier of the first positioning reference signal or only indication information for the first positioning reference signal; that the request information for the first positioning reference signal is different from the request information for the eighth positioning reference signal; that the terminal expects the request information for the eighth positioning reference signal to be changed to request information for the positioning reference signal in the first information; that the terminal expects to receive the first positioning reference signal according to the request information for the first positioning reference signal; that the terminal expects to receive the third positioning reference signal according to the activation information of the third positioning reference signal; or that the terminal expects to receive the second positioning reference signal according to the configuration information of the second positioning reference signal. Regarding claim 15: Kim further discloses wherein after the sending, by a terminal, first information, the method further comprises: receiving, by the terminal, third information (par 0012-0014, 0091), wherein the third information comprises at least one of: second information; activation failure indication information; retransmission request information; an activated third positioning reference signal (par 0140, 0156-0157, 0165); a requested first positioning reference signal; reconfiguration information of a second positioning reference signal; reporting request information for a ninth positioning reference signal; reporting resource information of the ninth positioning reference signal; measurement request information sent by a network-side device or a core network device; hybrid automatic repeat request (HARQ) feedback information; or HARQ scheduling information. Regarding claim 16: Kim further discloses wherein the second information or the third information is transmitted using downlink signaling (par 0058-0057), and the downlink signaling comprises one of: downlink control information (DCI), media access control control element (MAC CE), radio resource control (RRC) signaling (par 0073, 0101, 0191), or long term evolution positioning protocol (LPP) signaling; wherein the downlink signaling comprises at least one of: a fifth bit string, wherein each bit in the fifth bit string or each ninth bit string in the fifth bit string is used to indicate a seventh positioning reference signal activated, and a length of the fifth bit string is N1 times a length of the ninth bit string, and N1 is number of the seventh positioning reference signals activated or number of groups of the seventh positioning reference signals activated; second indication information, wherein the second indication information indicates that activation information of a seventh positioning reference signal is for activating the seventh positioning reference signal, or the second indication information indicates that the activation information of the seventh positioning reference signal is for deactivating the seventh positioning reference signal; a sixth bit string, used to indicate a fifth target MG activated; a seventh bit string, used to indicate activating or switching to a fifth target BWP; an eighth bit string, used to indicate a fifth target configuration window activated; or third indication information, wherein the third indication information is identifier information of a sixth positioning reference signal and the seventh positioning reference signal. Regarding claim 17: Kim further discloses wherein the downlink signaling further comprises at least one of: identifier information of the ninth positioning reference signal, for indicating reporting measurement information of the ninth positioning reference signal; or configuration information of an uplink resource (par 0058-0059, 0072-0073). Regarding claim 18: Kim further discloses wherein the downlink signaling indicates the uplink resource (par 0058-0059, 0072-0073) through at least one of: using a positioning reference signal request information field to indicate the uplink resource, wherein the positioning reference signal request information field is used to activate the seventh positioning reference signal; using a resource request field and a positioning request information field to indicate the uplink resource; using a pre-configured resource indication or a pre-configured resource identifier to indicate the uplink resource; using a buffer resource request to indicate the uplink resource; using the activation information of the seventh positioning reference signal to indicate the uplink resource; or using positioning reference signal reporting resource request information to indicate the uplink resource (par 0058-0059, 0072-0073, 0080-0081). 10. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Siomina as applied to claim 2 above and further in view of MANOLAKOS et al. (US 20210144735) (hereinafter MANOLAKOS). Regarding claim 3: Kim discloses all of the subject matter as described above except for specifically teaching wherein the configuration information of the second configuration window comprises at least one of: configuration information of the first positioning reference signal in relation to the first configuration window; configuration information of a selected positioning reference signal in relation to the first configuration window; start time information of the first configuration window; window length information of the first configuration window; or period information of the first configuration window; wherein the first configuration window comprises at least one of: a search window, a measurement window, a MG, or a reporting window. However, MANOLAKOS in the same field of endeavor teaches wherein the configuration information of the first configuration window (par 0022-0023) comprises at least one of: configuration information of the first positioning reference signal in relation to the first configuration window (see figures 7-8, par 0127-0137); configuration information of a selected positioning reference signal in relation to the first configuration window; start time information of the first configuration window; window length information of the first configuration window; or period information of the first configuration window; wherein the first configuration window comprises at least one of: a search window, a measurement window, a MG, or a reporting window. Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use transmission window configuration as taught by MANOLAKOS to modify the system and method of Kim in order to schedule transmission of both uplink and downlink PRS for a given UE (par 0022) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results). Conclusion 11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EDGE et al. (US 20210274458) disclose a method for estimation of a location of a mobile device and more particularly to location of a mobile device with a user plane location solution. 12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KABIR A TIMORY/ Primary Examiner, Art Unit 2631
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Prosecution Timeline

Apr 14, 2023
Application Filed
Jun 11, 2025
Non-Final Rejection — §103
Sep 12, 2025
Response Filed
Dec 02, 2025
Final Rejection — §103
Feb 04, 2026
Request for Continued Examination
Feb 14, 2026
Response after Non-Final Action
Feb 18, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+16.8%)
2y 8m
Median Time to Grant
High
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