Prosecution Insights
Last updated: October 27, 2026
Application No. 18/361,628

POSITIONING METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Jul 28, 2023
Priority
Jan 29, 2021 — continuation of PCTCN2021074449
Examiner
LAFONTANT, GARY
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
353 granted / 479 resolved
+11.7% vs TC avg
Minimal +1% lift
Without
With
+1.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
512
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
10.5%
-29.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 479 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The amendment filed on 09/23/2026 has been acknowledged. Amendment Summary Claims 20, 25, 29, 34 are amended. Claims 21-22, 26, 30-31, 35 are canceled herein Response to Arguments/Amendment Applicant argues that Yang does not disclose that the first indication information sent to the terminal device (1) indicates the terminal device to enter a connected state before the first time and (2) comprises first information about the first time. Yang's paging message does not comprise the first information about the first time. Examiner respectfully disagrees with applicant argument as Yang teaches about the network using the timing information described in movement information (See Yang p.1; line (48-56)) received from the UE in previous RRC mode to transmit paging information. It is clearly defined in (Yang p.8, line (47) to p.9, line (6; (49-61)): p.2, limes (62-66); The access network device may refer to the movement information of the terminal device in any state to determine a paging area for RAN paging, and the paging area may be used for initiating paging to the terminal device in an idle state or inactive state or RRC connected) The access network used the movement of UE received in order to synchronize the paging of the UE, which comprises timing information, cell list and location information (See p.11; lines (22-51)). Therefore the paging comprises first information about the first time of the UE. (Applicant is advised to modify claim language if wants to convey different scope of the claim). Claim Rejections - 35 USC § 102 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 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(s) 20, 24-25, 29 and 33-34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang (US 10,932,225 B2) Regarding Claim 20, 29, Yang discloses a method (See Column 2, lines (48-56); method for paging a UE), comprising: determining (See (Column 1, lines (52-55); (Column 1, line 64 to Column 2, line 6), determines time information for periodic location update of UE in a cell), by a first network device (See Fig.7; (Access network)), a first time (Column 1, lines (36-55); terminal transmit the movement information of the terminal device in a previous radio resource control (RRC) inactive state, the movement information is at least one of following: a serving cell list, time information, location information, and movement speed information), wherein the first time is a scheduled time at which a terminal device (Fig.1(UE)) is to be positioned (See Column 2, lines (48-56); periodic update location and timing of terminal in a previous inactive RRC state); and sending, by the first network device (Fig.7), first indication information (See Column 2, lines (62-66); access network initiates paging to UE) to the terminal device (Fig.1(UE)), wherein the first indication information indicates the terminal device to enter a connected state (See Column 2, lines (62-66); paging a UE to change to connected state in cross paging area update) before the first time (See Column 2, lines (48-56); one of the previous recorded time from periodic movement information update) the first indication information (See Column 2, lines (62-66); paging a UE in cross paging area update) comprises first information about the first time (See Column 1, lines (49-55); timing of previous RRC inactive). (An apparatus in a cellular network merely comprises a processor and memory that store instructions to be executed by the processor) Regarding Claim 25, 34 Yang discloses a method (See Column 2, lines (48-56); method for paging a UE), comprising: receiving first indication information (See Column 2, lines (62-66); UE received page from Network to change to connected state) from a first network device (See Fig.7; (Access network)), wherein the first indication information (See Column 2, lines (62-66); UE paging) indicates a terminal device to enter a connected state (See Column 2, lines (62-66); UE received page from Network to change to connected state) before a first time (Column 1, lines (36-55); terminal transmit the movement information of the terminal device in a previous radio resource control (RRC) inactive state, the movement information is at least one of following: a serving cell list, time information, location information, and movement speed information), and the first time is a scheduled time at which the terminal device is to be positioned (See Column 2, lines (48-56); periodic update location and timing of terminal in a previous inactive RRC state); and, wherein the first indication information (See Column 2, lines (62-66); UE received page from Network to change to connected state) comprises first information about the first time (See Column 2, lines (48-56); periodic update information configured by network), wherein entering the connected state based on the first indication information (See Column 2, lines (62-66); UE entering connected state to send information to Network) comprises: entering the connected state at a third time (See Column 2, lines (62-66); UE enter connected state before sending information) based on the first indication information (See Column 2, lines (62-66); UE received page from Network to change to connected state), and wherein the third time is before the first time based on the first indication information (See Column 2, lines (62-66); UE needs to enter connected state before sending position information); and entering the connected state based on the first indication information (See Column 2, lines (62-66); entering connected state after being paged). (An apparatus in a cellular network merely comprises a processor and memory that store instructions to be executed by the processor) Regarding Claim 24, 33 Yang teaches all the features with respect to claim 20, 29 and Yang further teaches wherein the determining, by the first network device, the first time (See Column 2, lines (48-56); determines periodic time information for position update of UE in a cell), comprises: obtaining, by the first network device, first information about the first time from a third network device (See Column 1, lines (36-44); Column 3, lines (55-64); an access network device receives movement information of a terminal device sent by the terminal device); or locally obtaining, by the first network device, the first information about the first time (See Column 1, lines (36-44); Column 3, lines (55-64); an access network device receives movement information of a terminal device sent by the terminal device). Claim Rejections - 35 USC § 103 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. Claim(s) 23, 27, 28, 32, 36, 37 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 10932225 B2) in view of Sally (US 2022/0299589 A1). Regarding Claim 23, 32 Yang teaches all the features with respect to claim 20, 29 But Yang fails to explicitly recite wherein the method further comprises: sending, by the first network device a second indication information to a second network device, wherein the second indication information indicates the second network device to position the terminal device However in analogous art, Sally teaches about a LMF (Location Management Function) entity that received request From a network device to position UE in a cellular system (See (See [0035]; In step 303, AMF 380 may transmit at least one location service request to LMF 370). Yang and Sally are analogous art because they all pertain to cellular system with location function procedure. Yang teaches about a cellular network with core network and access network obtaining update of UE location periodically or when requested. transmitting direct sequence spectrum spread signal. Sally teaches about a LMF (Location Management Function) entity that received request From a network device to position UE in a cellular system. Yang could use Sally features as an additional procedure to locate UE movement and position in the network. Therefore it would have been obvious to one of ordinary skill at the time of the filling of the application to combine Yang and Sally as to obtain an efficient accurate cellular location method.. Regarding Claim 27, 36 Yang teaches all the features with respect to claim 25, 34 But Yang fails to explicitly recite wherein the method further comprises: responding to a positioning procedure initiated by a second network device at the first time. However in an analogous art, Sally teaches about a second network device which is a LMF (Location management function) entity that received an response about a positioning procedure (See [0035]; In step 315, LMF 370 may transmit at least one location information request to VE 350, while in step 317, in response to the at least one location information request, VE 350 may transmit at least one location information indication to LMF 370). Yang and Sally are analogous art because they all pertain to cellular system with location function procedure. Yang teaches about a cellular network with core network and access network obtaining update of UE location periodically or when requested. transmitting direct sequence spectrum spread signal. Sally teaches about a second network device which is a LMF (Location management function) entity that received an response about a positioning procedure. Yang could use Sally features as an additional procedure to locate UE movement and position in the network. Therefore it would have been obvious to one of ordinary skill at the time of the filling of the application to combine Yang and Sally as to obtain an efficient accurate cellular location method.. Regarding Claim 28, 37 Yang and Sally teach all the features with respect to Claim 27, 36 and Sally further teaches wherein the method further comprises: sending third indication information to the second network device (See [0076]; UE sends report location to LMF) , wherein the third indication information indicates that the terminal device has entered the connected state (See [0076]; report is transmitted to LMF in connected state by UE) . Regarding Claim 38, Yang and Sally teach all the features with respect to Claim 34 and Yang further teaches wherein the apparatus is the terminal device (See Fig.8 (600); Terminal Device) or a chip in the terminal device (See Fig.8(630); Processor). Regarding Claim 39, Yang teaches all the features with respect to claim 20 and Yang further teaches sending, by the first network device (See Fig.1(eNB); (Access network)), second indication information (See Column 7, lines (34-39); handover message) to a second network device (Fig.1(eNB); second access network), wherein the second indication information (See Column 7, lines (34-39); handover message) indicates the second network device (Fig.1(eNB); second access network) to initiate a positioning procedure (See Column 1; lines (37-44); Column 7, lines (39-55); Once UE in a new cell per handover the second access network will used update positioning information to update target paging area) to position the terminal device (Fig.1(UE)), wherein the first indication information (See Column 2, lines (62-66); access network initiates paging to UE) is sent before (See Column 7, lines (34-39); handover message are exchanged after previous paging area triggered) the second network device initiates the positioning procedure for the terminal device (See Column 1; lines (37-44); Column 7, lines (39-55); Once UE in a new cell per handover the second access network will used update positioning information to update target paging area) to position the terminal device (Fig.1(UE)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY LAFONTANT whose telephone number is (571)272-3037. The examiner can normally be reached 10:00AM -6:00PM. 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, Jeanette Parker can be reached at 571-2703647. 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. /GARY LAFONTANT/Primary Examiner, Art Unit 2646
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Prosecution Timeline

Show 2 earlier events
Mar 25, 2026
Response Filed
Jun 02, 2026
Final Rejection mailed — §102, §103
Aug 28, 2026
Response after Non-Final Action
Sep 22, 2026
Examiner Interview Summary
Sep 22, 2026
Applicant Interview (Telephonic)
Sep 23, 2026
Request for Continued Examination
Sep 25, 2026
Response after Non-Final Action
Sep 30, 2026
Non-Final Rejection mailed — §102, §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
74%
Grant Probability
75%
With Interview (+1.4%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 479 resolved cases by this examiner. Grant probability derived from career allowance rate.

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