Prosecution Insights
Last updated: April 19, 2026
Application No. 18/259,094

POSITIONING METHODS AND USER EQUIPMENT

Non-Final OA §103
Filed
Jun 23, 2023
Examiner
KINCAID, LESTER G
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Datang Mobile Communications Equipment Co. Ltd.
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
2y 9m
To Grant
56%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
30 granted / 55 resolved
-7.5% vs TC avg
Minimal +1% lift
Without
With
+1.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
39 currently pending
Career history
94
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 55 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/2025 has been entered. Response to Arguments Applicant’s arguments with respect to the claim(s) 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. Gangakhedkar is not currently relied upon however the record should be clear that the examiner’s position is that a PRS is merely a “5G” ‘pilot positioning signal’. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 4, 9-10, 12, 15, 43 and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimoda et al. (2023/0422201) hereinafter “Shimoda” and Edge et al (2022/0039053) hereinafter “Edge”. As to claim 1, (Currently Amended) A positioning method, performed by a first user equipment (UE) (see Fig 14: UE#2), the method comprising: acquiring (ST1403) a positioning request sent by a communication device (BS / LMF) being a base station or a location management function server, wherein the positioning request is configured to indicate the first UE to send positioning information at a sidelink interface, (see [0224]: “In step ST1403 illustrated in Fig. 14, the LMF makes an LSS allocation to UE #2. The allocation may be made by LPP signaling, for example. The signal may include information indicating that positioning with SL is to be performed.”); and sending (ST1410/ST1429) the positioning information at the sidelink interface (see [0225]: “UE #2 broadcasts a message that UE #2 has part or all of the function of LMF. For broadcast, for example, an announcement message disclosed in Non Patent Literature 23 (3GPP TS23.303) may be used. The message may include information indicating that positioning with SL is available.”). Also see [00236] and Fig. 18 , wherein the positioning information comprises positioning assistance information (ST 1423, See ST1415 – ST1429) or a positioning pilot signal (ST1431). Shimoda provides for LSS ASSIGNMENT REQEUST ST1403 but fails to explicitly recite yet in an analogous art Edge discloses [0110]: “…LSS ASSIGNMENT REQEUST message… may further include one or more of: and the positioning request is a specified signal corresponding to at least one of: a type of the positioning information (e.g.an indication of one or more of RSTD, AOA, AOD, RSRP, RSRQ, Rx-Tx,GNSS... the type of positioning method to be used, e.g., UE assisted multi-RTT”), a message comprising the positioning information or a resource corresponding to the positioning information (configuraton information for DL PRS… UL SRS) ; Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Shimoda wherein the positioning request is a specified signal corresponding to at least one of: a type of the positioning information, a message comprising the positioning information or a resource corresponding to the positioning information as taught by Edge for the purpose of conveying the information required for positioning in a known and accepted way. As to claim 4, (Previously Presented) The combination of Shimoda and Edge provides for the method according to claim 1, Edge [0110] further provide for wherein the positioning request comprises at least one of: an identifier of the communication device (“identities of the entities”), a type of the positioning information, an identifier of the positioning information, a sending mode of the positioning information, a sending duration of the positioning information, a sending period of the positioning information, a beam direction for sending the positioning information, a resource index number corresponding to the positioning information or a message name of the positioning request, wherein different message names correspond to different positioning information. As to claim 9, (Previously Presented) Shimoda & Edge discloses The method according to claim 1, Shimoda further comprising: sending (ST1845) the positioning request to the communication device. See [0286]-[0288]. As to claim 10, (Currently Amended) Shimoda & Edge discloses A positioning method as applied above to claim 1, performed by a communication device (LMF) being a base station or a location management function server, the (Shimoda) method comprising: sending (ST1410/ST1429) a positioning request to a first user equipment (UE #2), wherein the positioning request is configured to indicate the first UE to send positioning information at a sidelink interface. See [0224]: “In step ST1403 illustrated in Fig. 14, the LMF makes an LSS allocation to UE #2. The allocation may be made by LPP signaling, for example. The signal may include information indicating that positioning with SL is to be performed.” , wherein the positioning information comprises positioning assistance information (ST 1423, See ST1415 – ST1429) or a positioning pilot signal (ST1431). Shimoda provides for LSS ASSIGNMENT REQEUST ST1403 but fails to explicitly recite yet in an analogous art Edge discloses [0110]: “…LSS ASSIGNMENT REQEUST message… may further include one or more of: and the positioning request is a specified signal corresponding to at least one of: a type of the positioning information (e.g.an indication of one or more of RSTD, AOA, AOD, RSRP, RSRQ, Rx-Tx,GNSS... the type of positioning method to be used, e.g., UE assisted multi-RTT”), a message comprising the positioning information or a resource corresponding to the positioning information (configuraton information for DL PRS… UL SRS) ; Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Shimoda wherein the positioning request is a specified signal corresponding to at least one of: a type of the positioning information, a message comprising the positioning information or a resource corresponding to the positioning information as taught by Edge for the purpose of conveying the information required for positioning in a known and accepted way. As to Claim 12 (Previously Presented) The combination of Shimoda and Edge provides for the method according to claim 10, Edge [0110] further provide for wherein the positioning request comprises at least one of: an identifier of the communication device (“identities of the entities”), a type of the positioning information, an identifier of the positioning information, a sending mode of the positioning information, a sending duration of the positioning information, a sending period of the positioning information, a beam direction for sending the positioning information, a resource index number corresponding to the positioning information or a message name of the positioning request, wherein different message names correspond to different positioning information. As to claim 15, (Currently Amended) Shimoda and Edge discloses The method according to claim 10, Shimoda discloses wherein the communication device is the base station, and sending the positioning request to the first UE, comprises: receiving a positioning request sent by a second UE, and sending the positioning request to the first UE; or, receiving a positioning request sent by the location management function server, and sending the positioning request to the first UE. See [0235]: “Fig 14 illustrates an example in which LMF makes an LSS allocation to UE #2 in steps ST1403 and ST1405, but the LMF may make an LSS allocation to the base station. The base station may make an LSS allocation to UE #2. That is the LMF may make an LSS allocation to the base station, and the base station to which the LSS allocation has been made may make an LSS allocation to UE #2.” As to claim 43, (Currently Amended) Shimoda discloses A user equipment (202), comprising a processing circuit (310) and an interface circuit (301/302/310), wherein the interface circuit is configured to receive a computer code or instruction, and transmit the computer code or instruction to the processing circuit, and the processing circuit is configured to run the computer code or instruction to (see Fig. 8): acquire; and send as applied above to claim 1. As to claim 44, (Previously Presented) Shimoda discloses A communication device LMF, (inherently) comprising a processing circuit and an interface circuit, wherein the interface circuit is configured to receive a computer code or instruction, and transmit the computer code or instruction to the processing circuit, and the processing circuit is configured to run the computer code or instruction to perform the method as applied above to claim 10. Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimoda and Edge as applied to claim 1 above, and further in view of KO et al. (US 2022/0236365) hereinafter “KO” As to claim 8, (Previously Presented) Shimoda and Edge discloses The method according to claim 1, wherein the communication device is a base station or a location management function server (LMF), fails to explicitly recite yet in an analogous art KO discloses and the positioning request further comprises the positioning information. See Fig. 14 [0128]-[0130]. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Shimoda wherein the positioning request further comprises the positioning information as taught by KO for the purpose of conforming to the LPP protocol. As to claim 16 Shimoda and Edge discloses The method according to claim 15, wherein the communication device is a base station or a location management function server (LMF), fails to explicitly recite yet in an analogous art KO discloses and the positioning request further comprises the positioning information. See Fig. 14 [0128]-[0130]. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Shimoda wherein the positioning request further comprises the positioning information as taught by KO for the purpose of conforming to the LPP protocol. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Ganesan et al. (2023/0224121) provides for acquiring (604) and sending (606) sideling positioning resources. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5. 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, Yuwen Pan can be reached at 571-272-7855. 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. LESTER G. KINCAID Primary Patent Examiner Art Unit 2649 /LESTER G KINCAID/Primary Examiner, Art Unit 2649
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Prosecution Timeline

Jun 23, 2023
Application Filed
Jul 10, 2025
Non-Final Rejection — §103
Sep 03, 2025
Response Filed
Sep 08, 2025
Final Rejection — §103
Nov 07, 2025
Response after Non-Final Action
Nov 24, 2025
Request for Continued Examination
Dec 02, 2025
Response after Non-Final Action
Feb 11, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
56%
With Interview (+1.2%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 55 resolved cases by this examiner. Grant probability derived from career allow rate.

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