Prosecution Insights
Last updated: April 18, 2026
Application No. 18/261,962

POSITIONING METHOD AND DEVICE

Non-Final OA §102
Filed
Jul 18, 2023
Examiner
MAGLOIRE, VLADIMIR
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Datang Mobile Communications Equipment Co. Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 9m
To Grant
91%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
253 granted / 372 resolved
+16.0% vs TC avg
Strong +23% interview lift
Without
With
+22.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
12 currently pending
Career history
384
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 372 resolved cases

Office Action

§102
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 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. Claim 1-3, 6-8, 12, 13, 17, 18, 22-24, 26-28, 30, 31, 33, 34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ko et al (US 20220236365 A1; hereinafter “Ko”). Regarding claim 1, Ko discloses a positioning method (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230), performed by a first terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230), comprising: obtaining terminal information of a second terminal with a location service function (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); and interacting with the second terminal through a direct communication link to obtain location information of the first terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 12, Ko discloses a positioning method, performed by a third terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230), comprising: interacting with a first terminal to provide the first terminal with indication information for indicating whether the third terminal has a location service function (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230), thereby enabling the first terminal to select at least one terminal with a location service function from the third terminal as a second terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 17, Ko discloses a positioning method, performed by a base station (see Ko, fig. 10, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230), comprising: interacting with a first terminal to indicate, to the first terminal, terminal information of at least one fourth terminal with a location service function (see Ko, fig. 10, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230), thereby enabling the first terminal to select at least one terminal from the fourth terminal as a second terminal (see Ko, fig. 10, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 2, Ko discloses the method according to claim 1, wherein the obtaining terminal information of a second terminal with a location service function, includes: obtaining the terminal information of the second terminal with the location service function through the direct communication link (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 3, Ko discloses the method according to claim 2, wherein the obtaining the terminal information of the second terminal with the location service function through the direct communication link, includes: receiving, through a direct communication link, first indication information periodically transmitted by at least one third terminal and terminal information of the at least one third terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230).; wherein the first indication information is used to indicate whether the at least one third terminal has a location service function (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230);according to the first indication information and the terminal information of the at least one third terminal, selecting at least one terminal from the at least one third terminal, taking a selected terminal as the second terminal, and taking selected terminal information as the terminal information of the second terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230).; or, wherein the obtaining the terminal information of the second terminal with the location service function through the direct communication link, includes: transmitting, through a direct communication link, a request message for indicating need to obtain a location service, to at least one third terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); receiving, through a direct communication link, second indication information transmitted by a candidate terminal and terminal information of the candidate terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230).; wherein the candidate terminal is at least one of the at least one third terminal, and the second indication information is used to indicate that the candidate terminal has a location service function (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); according to the second indication information and the terminal information of the candidate terminal, selecting at least one terminal from the at least one candidate terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230)., taking a selected terminal as the second terminal, and taking selected terminal information as the terminal information of the second terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 6, Ko discloses the method according to claim 1, wherein the obtaining terminal information of a second terminal with a location service function, includes: interacting with a base station connected to the first terminal to obtain the terminal information of the second terminal with the location service function (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 7, Ko discloses the method according to claim 6, wherein the interacting with a base station connected to the first terminal to obtain the terminal information of the second terminal with the location service function, includes: receiving terminal information of at least one fourth terminal with a positioning service function periodically transmitted by the base station; (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230) selecting at least one terminal from the at least one fourth terminal according to the terminal information of the fourth terminal, taking a selected terminal as the second terminal, and taking selected terminal information as the terminal information of the second terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230);or, wherein the interacting with a base station connected to the first terminal to obtain the terminal information of the second terminal with the location service function, includes: transmitting, to the base station, a request message for indicating need to obtain a location service (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230);receiving terminal information of at least one fourth terminal with a location service function transmitted by the base station (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); selecting at least one terminal from the at least one fourth terminal according to the terminal information of the at least one fourth terminal, taking a selected terminal as the second terminal, and taking selected terminal information as terminal information of the second terminal (see Ko, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 8, Ko discloses the method according to claim 7, wherein the selecting at least one terminal from the at least one fourth terminal according to the terminal information of the fourth terminal, taking a selected terminal as the second terminal, and taking selected terminal information as the terminal information of the second terminal, includes: when the first terminal leaves a network coverage area, selecting at least one terminal from the at least one fourth terminal according to the terminal information of the at least one fourth terminal transmitted by the base station last time, taking a selected terminal as the second terminal, and taking selected terminal information as the terminal information of the second terminal (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230).. Regarding claim 13, Ko discloses the method according to claim 12, wherein the interacting with a first terminal to provide the first terminal with indication information for indicating whether the third terminal has a location service function, includes: periodically transmitting, to the first terminal, first indication information and terminal information of the third terminal, through a direct communication link, wherein the first indication information is used to indicate whether the third terminal has a location service function (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230);or, wherein the interacting with a first terminal to provide the first terminal with indication information for indicating whether the third terminal has a location service function, includes: receiving, through a direct communication link, a request message transmitted by the first terminal, wherein the request message is used to indicate that the first terminal needs to obtain a location service (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230);in case that the third terminal has a location service function, transmitting, to the first terminal, second indication information and terminal information of the third terminal, through the direct communication link (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); wherein the second indication information is used to indicate that the third terminal has a location service function (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 18, Ko discloses the method according to claim 17, wherein the interacting with a first terminal to indicate, to the first terminal, terminal information of at least one fourth terminal with a location service function, includes: periodically transmitting, to the first terminal, the terminal information of at least one fourth terminal with the location service function (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); or, wherein the interacting with a first terminal to indicate, to the first terminal, terminal information of at least one fourth terminal with a location service function, includes: receiving a request message for indicating need to obtain a location service, transmitted by the first terminal (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); transmitting, to the first terminal, the terminal information of at least one fourth terminal with the location service function (see Ko, ¶[0175-0176, 0007 and 0107], fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 22, Ko discloses a positioning device for performing the method according to claim 1, applied to a first terminal, comprising: a first memory, a first transceiver and a first processor (see Ko, fig. 26, 29, 30); wherein the first memory is configured to store a computer program; the first transceiver is configured to transmit and receive data under the control of the first processor (see Ko, fig. 26, 29, 30); the first processor is configured to read the computer program in the first memory and perform the following operations: obtaining terminal information of a second terminal with a location service function (see Ko, fig. 26, 29, 30); interacting with the second terminal through a direct communication link to obtain location information of the first terminal (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 23, Ko discloses the device according to claim 22, wherein when the first processor obtains the terminal information of the second terminal with the location service function, the first processor is configured to, obtain the terminal information of the second terminal with the location service function through the direct communication link (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 24, Ko discloses the device according to claim 23, wherein when the first processor obtains the terminal information of the second terminal with the location service function through the direct communication link, the first processor is configured to, control the first transceiver to receive, through a direct communication link, first indication information periodically transmitted by at least one third terminal and terminal information of the at least one third terminal (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); wherein the first indication information is used to indicate whether the at least one third terminal has a location service function; according to the first indication information and the terminal information of the at least one third terminal, select at least one terminal from the at least one third terminal, take a selected terminal as the second terminal, and take selected terminal information as the terminal information of the second terminal (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230);or, wherein when the first processor obtains the terminal information of the second terminal with the location service function through the direct communication link, the first processor is configured to, control the first transceiver to transmit, through a direct communication link, a request message for indicating need to obtain a location service, to at least one third terminal (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); control the first transceiver to receive, through a direct communication link, second indication information transmitted by at least one candidate terminal and terminal information of the at least one candidate terminal (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); wherein the at least one candidate terminal is at least one of the at least one third terminal, and the second indication information is used to indicate that the at least one candidate terminal has a location service function (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); according to the second indication information and the terminal information of the candidate terminal, select at least one terminal from the at least one candidate terminal, take a selected terminal as the second terminal, and take selected terminal information as the terminal information of the second terminal (see Ko, fig. 26, 29, 30, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 26, Ko discloses the device according to claim 22, wherein when the first processor obtains the terminal information of the second terminal with the location service function, the first processor is specifically configured to, control the first transceiver to interact with a base station connected to the first terminal to obtain the terminal information of the second terminal with the location service function (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 27, Ko discloses the device according to claim 26, wherein when the first transceiver interacts with the base station connected to the first terminal to obtain the terminal information of the second terminal with the location service function, the first transceiver is specifically configured to receive terminal information of at least one fourth terminal with a positioning service function periodically transmitted by the base station (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); the first processor is further configured to, according to the terminal information of the fourth terminal, select at least one terminal from the at least one fourth terminal, take a selected terminal as the second terminal, and take selected terminal information as the terminal information of the second terminal (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); or,wherein when the first transceiver interacts with the base station connected to the first terminal to obtain terminal information of the second terminal with a location service function, the first transceiver is specifically configured to, transmit, to the base station, a request message for indicating need to obtain a location service (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); receive terminal information of at least one fourth terminal with a location service function transmitted by the base station (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); the first processor is further configured to select at least one terminal from the at least one fourth terminal according to the terminal information of the at least one fourth terminal, take a selected terminal as the second terminal, and take selected terminal information as terminal information of the second terminal (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 28, Ko discloses the device according to claim 27, wherein when the first processor selects at least one terminal from the at least one fourth terminal according to the terminal information of the fourth terminal, takes the selected terminal as the second terminal, and takes the selected terminal information as the terminal information of the second terminal, the first processor is specifically configured to, when the first terminal leaves a network coverage area, select at least one terminal from the at least one fourth terminal according to the terminal information of the at least one fourth terminal transmitted by the base station last time, take a selected terminal as the second terminal, and take selected terminal information as the terminal information of the second terminal (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 30, Ko discloses a positioning device for performing the method according to claim 12, applied to a third terminal, comprising: a second memory, a second transceiver and a second processor (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); wherein the second memory is configured to store a computer program; the second transceiver is configured to transmit and receive data under the control of the second processor (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); the second processor is configured to read the computer program in the second memory and perform the following operations: controlling the second transceiver to interact with a first terminal to provide the first terminal with indication information for indicating whether the third terminal has a location service function, thereby enabling the first terminal to select at least one terminal with a location service function from the third terminal as a second terminal (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 31, Ko discloses the device according to claim 30, wherein when the second transceiver interacts with the first terminal to provide the first terminal with the indication information for indicating whether the third terminal has the location service function, the second transceiver is specifically configured to, periodically transmit, to the first terminal, first indication information and terminal information of the third terminal, through a direct communication link, wherein the first indication information is used to indicate whether the third terminal has a location service function (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); or, wherein when the second transceiver interacts with the first terminal to provide the first terminal with the indication information for indicating whether the third terminal has the location service function, the second transceiver is specifically configured to, receive, through a direct communication link, a request message transmitted by the first terminal, wherein the request message is used to indicate that the first terminal needs to obtain a location service (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); in case that the third terminal has a location service function, transmit, to the first terminal, second indication information and terminal information of the third terminal, through the direct communication link (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); wherein the second indication information is used to indicate that the third terminal has a location service function (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 33, Ko discloses a positioning device for performing the method according to claim 17, applied to a base station (see Ko, fig. 3), comprising: a third memory, a third transceiver and a third processor; wherein the third memory is configured to store a computer program (see Ko, fig. 3, fig. 4 discloses an eNB in communication with a UE, therefore a memory, computer program); the third transceiver is configured to transmit and receive data under the control of the third processor (see Ko, fig. 3, fig. 4 discloses an eNB in communication with a UE, therefore a memory, computer program a processor); the third processor is configured to read the computer program in the third memory and perform the following operations: controlling the third transceiver to interact with a first terminal to indicate, to the first terminal, terminal information of at least one fourth terminal with a location service function, thereby enabling the first terminal to select at least one terminal from the fourth terminal as a second terminal (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Regarding claim 34, Ko discloses the device according to claim 33, wherein when the third transceiver interacts with the first terminal to indicate, to the first terminal, terminal information of at least one fourth terminal with the location service function, the third transceiver is specifically configured to periodically transmit, to the first terminal, the terminal information of at least one fourth terminal with the location service function (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); or, wherein when the third transceiver interacts with the first terminal to indicate, to the first terminal, terminal information of at least one fourth terminal with the location service function, the third transceiver is specifically configured to, receive a request message for indicating need to obtain a location service, transmitted by the first terminal (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230); transmit, to the first terminal, the terminal information of at least one fourth terminal with the location service function (see Ko, fig. 26, 29, 30, fig. 13, fig. 19 steps 1910, 1920, fig. 22 steps 2210, 2220, 2230). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VLADIMIR MAGLOIRE whose telephone number is (571)270-5144. The examiner can normally be reached 9-5 PM M-F. 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, Namrata Boveja can be reached at (571) 272-8105. 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. /VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648
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Prosecution Timeline

Jul 18, 2023
Application Filed
Jul 27, 2025
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
91%
With Interview (+22.6%)
3y 9m
Median Time to Grant
Low
PTA Risk
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