Prosecution Insights
Last updated: July 17, 2026
Application No. 18/286,020

Method and Apparatuses for Deferred Positioning of Wireless Devices

Final Rejection §102§103
Filed
Oct 06, 2023
Priority
Apr 09, 2021 — provisional 63/173,081 +1 more
Examiner
KINCAID, LESTER G
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
63%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
36 granted / 64 resolved
-5.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
20 currently pending
Career history
103
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
94.2%
+54.2% vs TC avg
§102
2.9%
-37.1% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 64 resolved cases

Office Action

§102 §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 . Response to Arguments Applicant's arguments filed 4/1/2026 have been fully considered but they are not persuasive. Regarding comments to claims 31 and 37, the argument that Manokolas fails to discuss deferred positioning procedures, the examiner considers that ‘periodic’ is a “deferred” procedure. Also, Manokolas discloses broadcasting in [0051]: “… with help of assistance data received from a location server such as an LMF 120, an SLP, or broadcast by gNBs 110, ng-eNB 114, or WLAN …”, Applicant’s arguments that Manokolas “does not suggest the combination of the claim, where one periodic location report is governed by broadcasted first assistance data while a subsequent one is governed by separate UE-specific assistance data restricting validity of a deferred location request (LR) procedure positioning configuration to a specific list of allowed cells” is not persuasive as these features are not claimed. The examiner notes that the BRI of claim 31 is merely a method comprising sending a location report and receiving assistance data. Everything else recited in the claim is considered as either a nonfunctional descriptive limitation or an intended use, not carrying patentable weight: “for a location management function (LMF) of a wireless communication network”, is literally an intended use; “in accordance with configuration information”, is nonfunctional as no step in the method tests for or performs this condition; “wherein the periodic location report is sent while the wireless device is operating within a geographic area corresponding to first assistance data received via broadcasted signaling in one or more cells of the wireless communication network”, again is nonfunctional as no step of the method tests for these conditions and/or there is no interaction with any step of the method; “and the periodic location report includes positioning measurement or location information”, nonfunctional as no step of the method determines the contents of the report nor relies on the contents; “for use by the wireless device in generating a next periodic location report”, literally an intended use; “the UE-specific assistance data comprising an indication restricting the wireless device to a list of allowed cells for which a deferred mobile-terminated (MT) location request (LR) procedure or deferred mobile-originated (MO) LR procedure positioning configuration is valid”, nonfunctional as the derivation or use of the contents of the data is not a step of the method. Claim Rejections - 35 USC § 102 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) 31-32, 36-39, 43-47 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manokolas et al. (2023/0156655) hereinafter “Manolakos”. As to claim 31, (Currently Amended) Manolakos discloses A method performed by a wireless device (305), the method comprising: sending a periodic location report for a location management function (LMF) of a wireless communication network, in accordance with configuration information (see [0068]: “…Further, in certain situations, the server 320 (or another component of the network) can configure the target 305 to report the location information on a periodic basis…”), and receiving user equipment (UE)-specific assistance data (see [0064]-[0065]: “…The OTDA assistance data may indicate set of PRS resources, PRS resource sets, and TRPs to be measured… Such OTDOA assistance data can be equested by target 305… In turn, the server 320 can respond by sending an LPP provide assistance data message to the target 305…”). The remainder of the claim carries no weight as it is merely a nonfunctional descriptive limitation or an intended use. As to claim 32. (Currently Amended) Manolakos discloses The method of claim 31, further comprising performing a positioning measurement or a location procedure with respect to the next periodic location report, according to the UE-specific assistance information. See [0068]. As to claim 36, (New) Manolakos discloses A wireless device (UE) configured for operation in a wireless communications network, the wireless device comprising communication interface circuitry (1630) and comprising processing circuitry (1610), the processing circuitry being configured to perform the method of claim 31. See Fig. 16 & [0030]. As to claim 47. (New) Manokolas discloses The method of claim 31, wherein the wireless device sends the periodic location report as part of a deferred (periodic) device-terminated or device-originated location request. As to claim 37, (New) Manolakos discloses A method performed by a network node (320) associated with a wireless communication network, the method (Fig 4) comprising: receiving a periodic location report (ProvideLocationInformation) from a wireless device configured for periodical location reporting while operating within a geographic area corresponding to first assistance data received by the wireless device via broadcast signaling in one or more cells of the wireless communication network, the periodic location report including a positioning measurement or location information, see [0064]-[0068]; and sending second positioning assistance data (ProvideAssistanceData) for use by the wireless device the second positioning assistance data comprising an indication restricting the wireless device to a list of allowed cells () for which a deferred mobile-terminated (MT) location request (LR) procedure or deferred mobile-originated (MO) LR procedure positioning configuration is valid. See [0062]-[0068]. The details of the wireless device and the contents of the data are nonfunctional descriptive limitations not carrying patentable weight. As to claim 38, (New) Manolakos discloses The method of claim 37, wherein the second positioning assistance data indicates a subset of TRPs using one or more of TRPs identifiers identifying respective TRPs of the wireless communication network, cell identifiers identifying respective cells of the wireless communication network, beam identifiers identifying respective beams used by the wireless communication network, and frequency identifiers identifying respective radio carrier frequencies used by wireless communication network. See [0065]. As to claim 39, (New) Manolakos discloses The method of claim 37, wherein the second positioning assistance data is UE-specific assistance data and indicates a positioning method or measurement to be performed by the wireless device (target 305) for the next periodic location report. See [0062],[0068]. As to claim 43, (New) Manolakos discloses The method of claim 37, wherein the second assistance data is sent to a base station, via an NRPPa positioning message. See [0047]-[0048]. As to claim 44, (New) Manolakos discloses A network node (1700 – location server) configured for operation as a Location Management Function (LMF) in a wireless communications network, the network node comprising communication interface circuitry (1730) and comprising processing circuitry (1710), the processing circuitry configured to perform the method of claim 37. See Fig 17, [0031]. As to claim 45-46, (New) Manolakos discloses A network node (1700 – base station / TRP) configured for operation as a base station (gNB) in a wireless communications network (RAN), the network node comprising communication interface circuitry (1730) and comprising processing circuitry (1710), (see [0039]-[0045], [0059]-0060]) the processing circuitry configured to: send first assistance data (ProvideAssistanceData) for use by a wireless device in generating a periodic location report while operating within a geographic area corresponding to the first assistance data (see [0059]-[0068], Figs 3-4, [0059] provides for link through base station); and receive, in an NRPPa positioning message [0047]-[0048], second assistance (ProvideAssistanceData) data for use by the wireless device in generating a next periodic location report, the second assistance data indicating a qualified subset of transmission/reception points (TRPs) of the wireless communication network that are associated with the geographic area (0065]) and, with respect to generation of the next periodic location report by the wireless device, that are disallowed, allowed, or prioritized, ([0062],[0063] provides for multiple LPP sessions / subsequent transactions); and perform UE associated measurement configuration (ProvideLocationInformation) based on the received second assistance data (see [0064]-[0065]). See above to claims 31 and 37. 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) 35 and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos as applied to claims 31/37 above, and further in view of Manolakos et al. (2024/0015501) hereinafter “Manolakos ‘501”. As to claim 35, (Currently Amended) Manolakos discloses The method of claim 31, further comprising sending capability information towards the LMF, [[indicating support for deferred positioning procedures]], and wherein sending the periodic location report is part of a deferred positioning procedure configured for the wireless device by the LMF. In an analogous art, Manolakos ‘501 discloses wherein it was well known in the art for indicating support for deferred positioning procedures (see [0102],[0119]). Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Manolakos for indicating support for deferred positioning procedures for the purpose of achieving NR standards of release 16. As to claim 48. (New) Manolakos discloses The method of claim 37, and wherein receiving the periodic location report is part of a deferred positioning procedure (periodic) configured for the wireless device by the network node. See [0062]-[0068]. Is silent to yet in an analogous art Manolakos ‘501 further comprising receiving capability information from the wireless device indicating support for deferred positioning procedures, discloses wherein it was well known in the art for indicating support for deferred positioning procedures (see [0102],[0119]). Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Manolakos for indicating support for deferred positioning procedures for the purpose of achieving NR standards of release 16. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rao et al. (2023/0379860) provide for validity areas including a list of cells, and broadcasting assistance data [0207], [0433], [0457]. Qiao et al. (2023/0022005) provide for deferred location, assistance data [0216]. Krafvelin et al. (2006/0135174) provide for cell lists mapped to coverage areas [0056], [0106]-[0110]. Edge (11,218,933) provides for LPP messaging including configuration to measure PRS signals of particular cells col 14, lines 31-44 and deferred locationing in col 16, lines 31-67. THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 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

Oct 06, 2023
Application Filed
Dec 01, 2025
Non-Final Rejection mailed — §102, §103
Apr 01, 2026
Response Filed
Jun 05, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
63%
With Interview (+6.5%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 64 resolved cases by this examiner. Grant probability derived from career allowance rate.

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