Prosecution Insights
Last updated: April 19, 2026
Application No. 18/397,578

POSITIONING METHOD AND APPARATUS, DEVICE, AND MEDIUM

Non-Final OA §101§102§103
Filed
Dec 27, 2023
Examiner
LAM, KENNETH T
Art Unit
2631
Tech Center
2600 — Communications
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
796 granted / 937 resolved
+23.0% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
965
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 937 resolved cases

Office Action

§101 §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 . Claim Objections Claims 9 and 14 are objected to because of the following informalities: Re Claims 9 and 14, claimed “RSRP” and “RSRQ” should be “reference signal received power (RSRP)” and “reference signal receiving quality (RSRQ)” where it is first used. Appropriate correction is required. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-5, 10-12, 15-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) determining, by a terminal, a first anchor entity for transmitting a positioning reference signal. The claim recites a series of step or act. Thus, the claim is to a process, which is one of the statutory categories of invention. Re Claim 1, the limitation of determining a first anchor entity for transmitting a positioning reference signal (PRS) by a terminal, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “by a terminal”, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a terminal” language, “determining” in the context of this claim encompasses the user manually selecting anchor entity for transmitting a PRS. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim recites "determining, by a terminal" to perform determining step. The determining step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining a first anchor entity for transmitting a PRS) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of using a terminal to perform determining step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Re Claims 2-3, this judicial exception is not integrated into a practical application. In particular, the claim recites "receiving the first anchor entity configured by a network device" and one additional element – using terminal to perform receiving step. The limitation "receiving the first anchor entity" is mere data gathering recited at a high level generality, and thus it is insignificant extra-solution activity. See MPEP 2106.05(g). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of using a terminal to perform determining step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Re Claims 4-5, this judicial exception is not integrated into a practical application. In particular, the claim recites "selecting autonomously, by the terminal" to perform selecting step. The selecting step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of selecting autonomously first anchor entity) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of using a terminal to perform selecting step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Re Claims 10-12, the limitation of configuring a first anchor entity for transmitting a positioning reference signal (PRS) by network device, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a network device, comprising: a processor, and a memory having at least one program code stored therein” and “by network device”, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a network device” language, “configuring” in the context of this claim encompasses the user manually selecting anchor entity for transmitting a PRS. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim recites "configuring, by the network device" to perform configuring step. The configuring step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of configuring a first anchor entity for transmitting a PRS) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of processor, memory and using a network device to perform configuring step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Re Claim 15, the limitation of determining a first anchor entity for transmitting a positioning reference signal (PRS) by a terminal, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a terminal, comprising: a processor, and a memory having at least one program code stored therein” and “by the terminal”, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a terminal” language, “determining” in the context of this claim encompasses the user manually selecting anchor entity for transmitting a PRS. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim recites "determining, by the terminal" to perform determining step. The determining step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining a first anchor entity for transmitting a PRS) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of processor, memory and using a network device to perform determining step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Re Claims 16-17, this judicial exception is not integrated into a practical application. In particular, the claim recites "receiving the first anchor entity configured by a network device" and one additional element – using terminal to perform receiving step. The limitation "receiving the first anchor entity" is mere data gathering recited at a high level generality, and thus it is insignificant extra-solution activity. See MPEP 2106.05(g). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of using a terminal to perform determining step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Re Claims 18-19, this judicial exception is not integrated into a practical application. In particular, the claim recites "selecting autonomously, by the terminal" to perform selecting step. The selecting step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of selecting autonomously first anchor entity) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As for integration of the abstract idea into a practical application, the additional element of using a terminal to perform selecting step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. 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(s) 1-2, 4, 6-10, 12-16, 18, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Duan et al. (US 2024/0118370 A1) (Duan herein after). Re Claim 1, Duan discloses a positioning method, comprising: determining, by a terminal, a first anchor entity for transmitting a positioning reference signal (PRS) (method 700 for selecting an anchor UE for positioning of a target UE in a wireless network. As used herein, selecting an anchor UE may refer to selecting a candidate anchor UE to be an anchor UE or alternatively refer to downselecting one or more candidate anchor UEs from being used as an anchor UE or otherwise reducing the number of candidate anchor UEs; method 700 may be performed by a target UE 104 for UE-based positioning or by a location server 172 for UE-assisted positioning [0125]; If the device selects the candidate anchor UEs to be used as anchor UEs for positioning, the device may indicate the selection to the anchor UEs, and the anchor UEs may be configured to transmit PRSs to the target UE or receive PRSs from the target UE [0135]). Re Claim 2, Duan discloses the method according to claim 1, wherein said determining, by the terminal, the first anchor entity comprises: receiving, by the terminal, the first anchor entity configured by a network device (the location server 172 may indicate the selection to one or more base stations (e.g., gNBs), and the base stations (e.g., gNBs) may indicate the selection to the appropriate UEs to be used as anchors. The indication may also be provided to the target UE. For UE-based positioning, the target UE may indicate the selection to each anchor UE over its respective sidelink [0135]). Re Claim 4, Duan discloses the method according to claim 1, wherein said determining, by the terminal, the first anchor entity comprises: selecting autonomously, by the terminal, the first anchor entity (the location server 172 may indicate the selection to one or more base stations (e.g., gNBs), and the base stations (e.g., gNBs) may indicate the selection to the appropriate UEs to be used as anchors. The indication may also be provided to the target UE. For UE-based positioning, the target UE may indicate the selection to each anchor UE over its respective sidelink [0135]). Re Claim 6, Duan discloses the method according to claim 1, wherein said determining, by the terminal, the first anchor entity comprises: measuring, by the terminal, anchor information of a first candidate anchor entity (a position measurement may include a RSTD measured by the candidate anchor UE using PRS resources obtained from one or more devices in the wireless network [0127]), and reporting, by the terminal, the anchor information of the first candidate anchor entity to the network device (gNB may provide one or more of the PRS resources on a downlink to a candidate anchor UE, and the candidate anchor UE may provide the positioning measurement report on an uplink to the gNB [0132]). Re Claim 7, Duan discloses the method according to claim 6, wherein the anchor information of the first candidate anchor entity comprises at least one of: a type of the first candidate anchor entity; an identifier of the first candidate anchor entity; a movement direction of the first candidate anchor entity; a movement speed of the first candidate anchor entity; a reference signal received power (RSRP) measurement value of the first candidate anchor entity; a reference signal receiving quality (RSRQ) measurement value of the first candidate anchor entity; and a relative speed between the terminal and the first candidate anchor entity (If the one or more position measurements include one or more RSTDs measured by the candidate anchor UEs using PRS resources obtained from devices in the wireless network (or a location determined from RSTDs), a measurement quality metric may be associated with qualities that may impact determining an RSTD [0129]). Re Claim 8, Duan discloses the method according to claim 2, further comprising: measuring, by the terminal, the PRS transmitted by the first anchor entity to obtain measurement information for positioning (a position measurement may include a RSTD measured by the candidate anchor UE using PRS resources obtained from one or more devices in the wireless network [0127]); reporting, by the terminal, the measurement information to the network device (gNB may provide one or more of the PRS resources on a downlink to a candidate anchor UE, and the candidate anchor UE may provide the positioning measurement report on an uplink to the gNB [0132]); and receiving, by the terminal, a second anchor entity reconfigured by the network device (The location server 172 may support UE-assisted positioning for a plurality of target UEs. In this manner, a TRP may be used for positioning of multiple target UEs. If the location server 172 would determine anchor UEs for each target UE without reference to anchor UEs determined for other target UEs, a large number of UEs may be selected as anchors, causing more UEs to consume resources in acting as TRPs for positioning than may be needed or desired. Selection of anchor UEs for a first target UE may be in consideration of the selection of anchor UEs for a second target UE or other target UEs [0157]); or measuring, by the terminal, the PRS transmitted by the first anchor entity to obtain the measurement information for positioning; and when the measurement information satisfies a trigger event, autonomously selecting, by the terminal, the second anchor entity; or when a first timer expires, transmitting, by the terminal, a first request to the network device, the first request being configured to request reconfiguration of an anchor entity; and receiving, by the terminal, the second anchor entity reconfigured by the network device; or when the first timer expires, autonomously selecting, by the terminal, the second anchor entity. Re Claim 9, Duan discloses the method according to claim 8, wherein the measurement information comprises at least one of: an RSRP measurement value of the first anchor entity; an RSRQ measurement value of the first anchor entity; a relative speed between the terminal and the first anchor entity; a positioning source of the first anchor entity; a positioning source priority level of the first anchor entity; an identifier of an alternative anchor entity; an RSRP measurement value of the alternative anchor entity; an RSRQ measurement value of the alternative anchor entity; a relative speed between the terminal and the alternative anchor entity; a positioning source of the alternative anchor entity; and a positioning source priority level of the alternative anchor entity (If the one or more position measurements include one or more RSTDs measured by the candidate anchor UEs using PRS resources obtained from devices in the wireless network (or a location determined from RSTDs), a measurement quality metric may be associated with qualities that may impact determining an RSTD [0129]). Re Claim 10, Duan discloses a network device, comprising: a processor; and a memory having at least one program code stored therein, wherein the at least one program code, when loaded and executed by the processor (memory and processor [0162]), implements a positioning method, comprising: configuring, by the network device to a terminal, a first anchor entity for transmitting a positioning reference signal (PRS) (method 700 for selecting an anchor UE for positioning of a target UE in a wireless network. As used herein, selecting an anchor UE may refer to selecting a candidate anchor UE to be an anchor UE or alternatively refer to downselecting one or more candidate anchor UEs from being used as an anchor UE or otherwise reducing the number of candidate anchor UEs; method 700 may be performed by a target UE 104 for UE-based positioning or by a location server 172 for UE-assisted positioning [0125]; If the device selects the candidate anchor UEs to be used as anchor UEs for positioning, the device may indicate the selection to the anchor UEs, and the anchor UEs may be configured to transmit PRSs to the target UE or receive PRSs from the target UE [0135]); or configuring, by the network device, a first anchor entity list to the terminal, the first anchor entity list comprising a first candidate anchor entity; receiving, by the network device, anchor information of the first candidate anchor entity reported by the terminal, the anchor information of the first candidate anchor entity being measured by the terminal; and configuring, by the network device, a second anchor entity list to the terminal, the second anchor entity list comprising at least one second candidate anchor entity for determining the first anchor entity. Re Claim 12, Duan discloses the network device according to claim 10, wherein the anchor information of the first candidate anchor entity comprises at least one of: a type of the first candidate anchor entity; an identifier of the first candidate anchor entity; a movement direction of the first candidate anchor entity; a movement speed of the first candidate anchor entity; a reference signal received power (RSRP) measurement value of the first candidate anchor entity; a reference signal receiving quality (RSRQ) measurement value of the first candidate anchor entity; and a relative speed between the terminal and the first candidate anchor entity (If the one or more position measurements include one or more RSTDs measured by the candidate anchor UEs using PRS resources obtained from devices in the wireless network (or a location determined from RSTDs), a measurement quality metric may be associated with qualities that may impact determining an RSTD [0129]). Re Claim 13, Duan discloses the network device according to claim 10, wherein the method further comprises: receiving, by the network device, measurement information reported by the terminal for positioning, the measurement information being obtained by the terminal measuring the PRS transmitted by the first anchor entity; and transmitting, by the network device, a reconfigured second anchor entity to the terminal; or receiving, by the network device, a first request transmitted by the terminal, the first request being transmitted by the terminal when a first timer expires and being configured to request reconfiguration of an anchor entity; and reconfiguring, by the network device, the second anchor entity to the terminal (If the one or more position measurements include one or more RSTDs measured by the candidate anchor UEs using PRS resources obtained from devices in the wireless network (or a location determined from RSTDs), a measurement quality metric may be associated with qualities that may impact determining an RSTD [0129]). Re Claim 14, Duan discloses the network device according to claim 13, wherein the measurement information comprises at least one of: a RSRP measurement value of the first anchor entity; a RSRQ measurement value of the first anchor entity; a relative speed between the terminal and the first anchor entity; a positioning source of the first anchor entity; a positioning source priority level of the first anchor entity; an identifier of an alternative anchor entity; an RSRP measurement value of the alternative anchor entity; an RSRQ measurement value of the alternative anchor entity; a relative speed between the terminal and the alternative anchor entity; a positioning source of the alternative anchor entity; and a positioning source priority level of the alternative anchor entity (If the one or more position measurements include one or more RSTDs measured by the candidate anchor UEs using PRS resources obtained from devices in the wireless network (or a location determined from RSTDs), a measurement quality metric may be associated with qualities that may impact determining an RSTD [0129]). Re Claim 15, Duan discloses a terminal, comprising: a processor; and a memory having at least one program code stored therein, wherein the at least one program code, when loaded and executed by the processor (memory and processor [0162]), implements a positioning method, comprising: determining, by the terminal, a first anchor entity for transmitting a positioning reference signal (PRS) (method 700 for selecting an anchor UE for positioning of a target UE in a wireless network. As used herein, selecting an anchor UE may refer to selecting a candidate anchor UE to be an anchor UE or alternatively refer to downselecting one or more candidate anchor UEs from being used as an anchor UE or otherwise reducing the number of candidate anchor UEs; method 700 may be performed by a target UE 104 for UE-based positioning or by a location server 172 for UE-assisted positioning [0125]; If the device selects the candidate anchor UEs to be used as anchor UEs for positioning, the device may indicate the selection to the anchor UEs, and the anchor UEs may be configured to transmit PRSs to the target UE or receive PRSs from the target UE [0135]). Re Claim 16, Duan discloses the terminal according to claim 15, wherein said determining, by the terminal, the first anchor entity comprises: receiving, by the terminal, the first anchor entity configured by a network device (the location server 172 may indicate the selection to one or more base stations (e.g., gNBs), and the base stations (e.g., gNBs) may indicate the selection to the appropriate UEs to be used as anchors. The indication may also be provided to the target UE. For UE-based positioning, the target UE may indicate the selection to each anchor UE over its respective sidelink [0135]). Re Claim 18, Duan discloses the terminal according to claim 15, wherein said determining, by the terminal, the first anchor entity comprises: selecting autonomously, by the terminal, the first anchor entity (the location server 172 may indicate the selection to one or more base stations (e.g., gNBs), and the base stations (e.g., gNBs) may indicate the selection to the appropriate UEs to be used as anchors. The indication may also be provided to the target UE. For UE-based positioning, the target UE may indicate the selection to each anchor UE over its respective sidelink [0135]). Re Claim 20, Duan discloses the terminal according to claim 15, wherein said determining, by the terminal, the first anchor entity comprises: measuring, by the terminal, anchor information of a first candidate anchor entity, and reporting, by the terminal, the anchor information of the first candidate anchor entity to the network device (a position measurement may include a RSTD measured by the candidate anchor UE using PRS resources obtained from one or more devices in the wireless network [0127]), and reporting, by the terminal, the anchor information of the first candidate anchor entity to the network device (gNB may provide one or more of the PRS resources on a downlink to a candidate anchor UE, and the candidate anchor UE may provide the positioning measurement report on an uplink to the gNB [0132]). Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 3, 5, 11, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al. (US 2024/0118370 A1) (Duan herein after) in view of Haustein et al. (US 2024/0215054 A1) (Haustein herein after). Re Claim 3, Duan discloses the method according to claim 2, except wherein said receiving, by the terminal, the first anchor entity configured by the network device comprises: when the terminal is within a cell coverage of the network device and in a radio resource control (RRC) connected state, receiving, by the terminal, the first anchor entity configured by the network device. However, Haustein discloses positioning with sidelink communication wherein proposed method should work in-coverage, partial coverage and out-of-coverage (OOC) of existing positioning and/or timing reference anchors—for example, cellular base stations, Wi-Fi Access Points (AP), BLE beacons etc. In particular in OOC scenarios, the methods of sidelink ranging help to improve the means of exploring the proximity of wireless devices, self-announcing/advertising of a device in an OOC scenario/area and to trigger other devices to send and/or receive RS, messages suitable to perform ranging and or positioning tasks ([0047]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Duan, by making use of the technique taught by Haustein, in order to improve the location estimation. Both references are within the same field of telecommunication, and in particular of anchor determination, the modification does not change a fundamental operating principle of Duan, nor does Duan teach away from the modification (Duan merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the positioning with sidelink taught by Haustein is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein said receiving, by the terminal, the first anchor entity configured by the network device comprises: when the terminal is within a cell coverage of the network device and in a radio resource control (RRC) connected state, receiving, by the terminal, the first anchor entity configured by the network device. Re Claim 5, Duan discloses the method according to claim 4, except wherein said selecting autonomously, by the terminal, the first anchor entity comprises: when the terminal is outside a cell coverage of a network device, selecting autonomously, by the terminal, the first anchor entity; or when the terminal is in a radio resource control (RRC) idle state or an RRC inactive state, selecting autonomously, by the terminal, the first anchor entity. However, Haustein discloses positioning with sidelink communication wherein proposed method should work in-coverage, partial coverage and out-of-coverage (OOC) of existing positioning and/or timing reference anchors—for example, cellular base stations, Wi-Fi Access Points (AP), BLE beacons etc. In particular in OOC scenarios, the methods of sidelink ranging help to improve the means of exploring the proximity of wireless devices, self-announcing/advertising of a device in an OOC scenario/area and to trigger other devices to send and/or receive RS, messages suitable to perform ranging and or positioning tasks ([0047]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Duan, by making use of the technique taught by Haustein, in order to improve the location estimation. Both references are within the same field of telecommunication, and in particular of anchor determination, the modification does not change a fundamental operating principle of Duan, nor does Duan teach away from the modification (Duan merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the positioning with sidelink taught by Haustein is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein said selecting autonomously, by the terminal, the first anchor entity comprises: when the terminal is outside a cell coverage of a network device, selecting autonomously, by the terminal, the first anchor entity; or when the terminal is in a radio resource control (RRC) idle state or an RRC inactive state, selecting autonomously, by the terminal, the first anchor entity. Re Claim 11, Duan discloses the network device according to claim 10, except wherein said configuring, by the network device to the terminal, the first anchor entity comprises: when the terminal is within a cell coverage of the network device and in a radio resource control (RRC) connected state, configuring, by the network device, the first anchor entity to the terminal. However, Haustein discloses positioning with sidelink communication wherein proposed method should work in-coverage, partial coverage and out-of-coverage (OOC) of existing positioning and/or timing reference anchors—for example, cellular base stations, Wi-Fi Access Points (AP), BLE beacons etc. In particular in OOC scenarios, the methods of sidelink ranging help to improve the means of exploring the proximity of wireless devices, self-announcing/advertising of a device in an OOC scenario/area and to trigger other devices to send and/or receive RS, messages suitable to perform ranging and or positioning tasks ([0047]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Duan, by making use of the technique taught by Haustein, in order to improve the location estimation. Both references are within the same field of telecommunication, and in particular of anchor determination, the modification does not change a fundamental operating principle of Duan, nor does Duan teach away from the modification (Duan merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the positioning with sidelink taught by Haustein is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein said configuring, by the network device to the terminal, the first anchor entity comprises: when the terminal is within a cell coverage of the network device and in a radio resource control (RRC) connected state, configuring, by the network device, the first anchor entity to the terminal. Re Claim 17, Duan discloses the terminal according to claim 16, except wherein said receiving, by the terminal, the first anchor entity configured by the network device comprises: when the terminal is within a cell coverage of the network device and in a radio resource control (RRC) connected state, receiving, by the terminal, the first anchor entity configured by the network device. However, Haustein discloses positioning with sidelink communication wherein proposed method should work in-coverage, partial coverage and out-of-coverage (OOC) of existing positioning and/or timing reference anchors—for example, cellular base stations, Wi-Fi Access Points (AP), BLE beacons etc. In particular in OOC scenarios, the methods of sidelink ranging help to improve the means of exploring the proximity of wireless devices, self-announcing/advertising of a device in an OOC scenario/area and to trigger other devices to send and/or receive RS, messages suitable to perform ranging and or positioning tasks ([0047]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Duan, by making use of the technique taught by Haustein, in order to improve the location estimation. Both references are within the same field of telecommunication, and in particular of anchor determination, the modification does not change a fundamental operating principle of Duan, nor does Duan teach away from the modification (Duan merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the positioning with sidelink taught by Haustein is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein said receiving, by the terminal, the first anchor entity configured by the network device comprises: when the terminal is within a cell coverage of the network device and in a radio resource control (RRC) connected state, receiving, by the terminal, the first anchor entity configured by the network device. Re Claim 19, Duan discloses the terminal according to claim 18, except wherein said selecting autonomously, by the terminal, the first anchor entity comprises: when the terminal is outside a cell coverage of a network device, selecting autonomously, by the terminal, the first anchor entity; or when the terminal is in a radio resource control (RRC) idle state or an RRC inactive state, selecting autonomously, by the terminal, the first anchor entity. However, Haustein discloses positioning with sidelink communication wherein proposed method should work in-coverage, partial coverage and out-of-coverage (OOC) of existing positioning and/or timing reference anchors—for example, cellular base stations, Wi-Fi Access Points (AP), BLE beacons etc. In particular in OOC scenarios, the methods of sidelink ranging help to improve the means of exploring the proximity of wireless devices, self-announcing/advertising of a device in an OOC scenario/area and to trigger other devices to send and/or receive RS, messages suitable to perform ranging and or positioning tasks ([0047]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Duan, by making use of the technique taught by Haustein, in order to improve the location estimation. Both references are within the same field of telecommunication, and in particular of anchor determination, the modification does not change a fundamental operating principle of Duan, nor does Duan teach away from the modification (Duan merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the positioning with sidelink taught by Haustein is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein said selecting autonomously, by the terminal, the first anchor entity comprises: when the terminal is outside a cell coverage of a network device, selecting autonomously, by the terminal, the first anchor entity; or when the terminal is in a radio resource control (RRC) idle state or an RRC inactive state, selecting autonomously, by the terminal, the first anchor entity. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Manolakos et al. (US 2024/0061068 A1) – variance indication for reference signal for positioning measurement occasions Kim et al. (US 2023/0254838 A1) – method and device for performing positioning by means of beamformed signal in wireless communication system Bao et al. (US 2021/0377906 A1) – user equipment positioning signal measurement and/or transmission Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH T LAM whose telephone number is (571)270-1862. The examiner can normally be reached M-F 8:30-5:00 PM. 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, Hannah S. Wang can be reached at (571) 272-9018. 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. /KENNETH T LAM/Primary Examiner, Art Unit 2631
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Prosecution Timeline

Dec 27, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection — §101, §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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1-2
Expected OA Rounds
85%
Grant Probability
96%
With Interview (+11.0%)
2y 5m
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