DETAILED ACTION
This Action is in response to Applicant’s amendment filed on 2/13/2026. Claims 1-35 are still pending in the present application. This Action is made FINAL.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/12/2026 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 § 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.
Claims 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Patent Application Publication No. 2023/0308833) in view of Tripathi et al. (U.S. Patent Application Publication No. 2022/0046490)
Referring to Claim 13, Yang et al. disclose a method of communication performed by a reference device (pars 147-150, second UE), comprising: transmitting, to a network entity, a registration request for the reference device to operate as a reference location device (RLD) (pars 147-150, registration request sent for being selected for positioning), the registration request including one or more parameters indicating a capability of the reference device to operate as the RLD (pars 148-150, registration request sent with information/capability); receiving, from a location server, a request to perform one or more reference positioning measurements (pars 156-158, positioning request); performing the one or more reference positioning measurements based on reception of the request (pars 156-158 and 167, determine relative location information); and transmitting the one or more reference positioning measurements to the location server (par 172, send relative location information).
However, Yang et al. do not explicitly disclose messaging between location server and a device via a positioning protocol.
In the same field of endeavor, Tripathi et al. disclose messaging between location server and a device via a positioning protocol (par 129, positioning protocol).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate messaging between location server and a device via a positioning protocol, as taught by Tripathi et al., in the method of Yang et al., for the purpose of performing positioning (Tripathi et al., par 129).
Referring to Claim 14 as applied to Claim 13 above, Yang et al. as modified disclose the method, wherein the one or more parameters indicating the capability of the reference device to operate as the RLD include: a location of the reference device, an uncertainty of the location, a location source for the location, a velocity of the reference device, whether the reference device is in a fixed or mobile motion state, whether the reference device is battery powered or mains-operated, or any combination thereof (Yang et al., pars 146-150, capability, location, type, indication).
Referring to Claim 15 as applied to Claim 13 above, Yang et al. as modified disclose the method, wherein the one or more parameters indicating the capability of the reference device to operate as the RLD comprise a flag indicating whether the reference device can operate as the RLD (Yang et al., par 147, indicate positioning calculation support/function).
Referring to Claim 16 as applied to Claim 13 above, Yang et al. as modified disclose the method, wherein the registration request is included in a setup message (Yang et al., pars 147-150).
However, Yang et al. do not explicitly disclose a radio resource control (RRC) setup complete message.
In the same field of endeavor, Tripathi et al. disclose a radio resource control (RRC) setup complete message (par 113, RRC complete message).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a radio resource control (RRC) setup complete message, as taught by Tripathi et al., in the method of Yang et al., for the purpose of performing positioning (Tripathi et al., par 129).
Referring to Claim 17 as applied to Claim 13 above, Yang et al. as modified disclose the method, wherein the registration request is included in a transport message (Yang et al., pars 147-150).
However, Yang et al. do not explicitly disclose non-access stratum (NAS) uplink transport message.
In the same field of endeavor, Tripathi et al. disclose a non-access stratum (NAS) uplink transport message (par 128, NAS).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-access stratum (NAS) uplink transport message, as taught by Tripathi et al., in the method of Yang et al., for the purpose of performing positioning and registration request (Tripathi et al., pars 128 and 129).
Referring to Claim 18 as applied to Claim 17 above, Yang et al. as modified disclose the method, wherein the registration request comprises a supplementary services location service (LCS) reference device registration request (pars 147-150, registration request, positioning).
Referring to Claim 19 as applied to Claim 13 above, Yang et al. as modified disclose the method, further comprising: receiving a registration response from the location server, the registration response indicating whether the reference device was successfully registered as the RLD (pars 150 and 157, LMF selects second UE, indicate to second UE).
Referring to Claim 20 as applied to Claim 13 above, Yang et al. as modified disclose the method, wherein the reference device comprises: a mobile UE, a UE dedicated to operating as the RLD, a mobile terminal (MT) of an integrated access and backhaul (IAB) node, or an MT of a smart repeater (Yang et al., pars 147-150, UE).
Referring to Claim 21 as applied to Claim 13 above, Yang et al. as modified disclose the method (Yang et al., pars 147-150).
However, Yang et al. do not explicitly disclose positioning protocol is a Long-Term Evolution (LTE) positioning protocol (LPP).
In the same field of endeavor, Tripathi et al. disclose positioning protocol is a Long-Term Evolution (LTE) positioning protocol (LPP) (par 129, LPP).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate positioning protocol is a Long-Term Evolution (LTE) positioning protocol (LPP), as taught by Tripathi et al., in the method of Yang et al., for the purpose of performing positioning (Tripathi et al., par 129).
Referring to Claim 22 as applied to Claim 13 above, Yang et al. as modified disclose the method, wherein: the location server is a location management function (LMF), and the network entity is an access and mobility management function (AMF) (Yang et al., par 149, AMF).
Response to Arguments
Applicant's arguments filed 2/12/2026 have been fully considered but are not persuasive.
Applicant argues on page 13 of the Remarks that Yang et al. in view of Tripathi et al. do not disclose registration request that enables a reference device to operate as a reference location device. Claim language (e.g. in claim 13) states “registration request for the reference device to operate as a reference location device”. Yang et al. show in pars 144-149 that UE sends a registration request with capability information. The UE indicates its positioning calculation function with the registration information. The LMF then uses location information reported by the UE and selects the UE. Thus the operation of the UE as a reference location device happens based on/after the registration request sent by the UE, also as claimed. The Examiner would further like to point out that registration request is claimed only as including one or more parameters indicating a capability of the reference device to operate as the reference location device, which Yang et al. show as explained above.
The claimed language does not state “registration request..specifically requesting that the reference device operate as a reference location device (RLD)”, as the Applicant’s Representative argued during the Interview on 2/10/2026. The Examiner agrees that such a registration request that specifically requests operation as a RLD overcomes the art as currently applied. But this specific act of requesting is not in the claimed language. If the Applicant were to add this language into the claims, it is requested that the Applicant point out the support for this language in the specification, to avoid any 112 issues. As discussed during Applicant’s interview on 2/10/2026, there does not seem to be support for the specific request in the registration request.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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.
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/Suhail Khan/
Primary Examiner, Art Unit 2642
Prosecution Insights