Prosecution Insights
Last updated: May 29, 2026
Application No. 18/485,095

MULTIPLE CONFIGURATIONS FOR POSITIONING PROCEDURES

Non-Final OA §102§103
Filed
Oct 11, 2023
Priority
Apr 13, 2021 — continuation of PCTEP2021059561
Examiner
GAO, JING
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
273 granted / 477 resolved
-4.8% vs TC avg
Strong +31% interview lift
Without
With
+30.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
35 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
93.7%
+53.7% vs TC avg
§102
3.9%
-36.1% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 477 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Response to Preliminary Amendment Applicant's preliminary amendment filed on 11/28/2025 have been entered and fully considered. Claims 1-19 are amended, and claims 1-19 are currently pending. Information Disclosure Statement The information disclosure statements (IDS) is submitted on 1/8/2025 was filed in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement has been considered by the examiner. Specification The abstract of the disclosure is objected to because the abstract recites “The present disclosure”. The abstract language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, phrases such as “e.g.” should be avoided. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The disclosure is objected to because of the following informalities: the specification recites IEEE, 3GPP, etc. The use of the term IEEE and 3GPP, etc., which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. Appropriate correction is required. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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 1-6, 8-12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (US 20170374638 A1 and Han hereinafter). Claim 1-6, 8-12 and 14-18 are also/alternatively rejected under 35 U.S.C. 102(a)(2) as being anticipated by Han et al. (US 20170374638 A1 and Han hereinafter). Regarding claim 1, Han teaches a network node (Paragraph 0071; eNB 504 and/or location server 130 (e.g., e-SMLC)) for a communication system, the network node configured to: determine a geographical position of a client device configured to perform a positioning procedure according to a first configuration (Paragraph 0071; during OTDOA positioning, the eNB 504 and/or location server 130 may generally use at least two pieces of information to determine the UE location: the distance d 514 between the UE 502 and the antenna port of the eNB 504 and the height h 512 of the antenna port of the eNB 504. The distance d 514 may be derived from the measured RSTD in the LTE Positioning Protocol (LPP) or LTE Positioning Protocol A (LPPa) by the location server 130 (e.g. e-SMLC 134). The height h 512, which may be fixed and unchangeable, may be transmitted to the location server 130); determine a set of system parameters associated with the client device based on the geographical position of the client device (Paragraph 0066; in addition, or instead of adjusting the replication and periodicity of the PRS subframes, one or more other reference signal (RS) configurations for a cell may be configured and transmitted to the UE 102 (e.g., in the prs-ConfigurationIndex) to increase the RS density. Paragraph 0049; while GPS/GNSS is a common method of obtaining the location of a UE, in certain situations a more accurate location is desired. Paragraph 0060; to increase positional accuracy, in some embodiments, a new PRS pattern may be used); determine a second configuration for the positioning procedure based on the set of system parameters associated with the client device (Paragraph 0066; multiple PRS-Info configurations may be transmitted to the UE 102. In some embodiments, one or more parameters in a PRS configuration (PRS-Info) may be configured. Paragraph 0060; to increase positional accuracy, in some embodiments, a new PRS pattern may be used); transmit a first message to the client device (Paragraph 0052; in determining OTDOA, the location server 130 or eNB 104 may transmit OTDOA reference cell information to the UE 102. The OTDOA reference cell information may include a physical cell identity (physCellId), an antenna port configuration (antennaPortConfig), a cyclic prefix length (cpLength) and PRS information (prsInfo)), the first message comprising an indication to perform the positioning procedure according to the second configuration (Paragraph 0053; using the PRS for UE-assisted position determination, the PRS may be transmitted on antenna port 6 of the eNB 104 to the UE 102. The PRS may be transmitted from the eNB 104 in a predetermined number of consecutive subframes. Figure 6 and Paragraph 0076; FIG. 6 shows vertical UE location determination using multiple reference signal configurations in accordance with some embodiments. The RS transmission (e.g., CSI-RS or PRS) to the UE 602 from the second antenna port of the eNB 604 may be beamformed and associated with a predetermined structure); and receive a second message from the client device, the second message indicating positioning information of the client device according to the second configuration (Figure 6 and Paragraph 0076; the UE may measure the signals of one or more of the different configurations and determine which configuration(s) is being measured. The parameter being measured may be, for example, signal-to-interference-plus-noise-ratio (SINR), Reference Signal Receive Power (RSRP) (the average power of RE that carry the RS over the entire bandwidth), or Reference Signal Received Quality (RSRQ) (indicating the quality of the received RS). Particular configuration (or angle related parameter) having the highest value of the measured parameter may be reported by LPP signaling to the location server 130 for determination of the vertical position of the UE 602). Regarding claim 8, Han teaches a client device for a communication system (Figure 1 and Paragraph 0017; UEs 102), the client device configured to: perform a positioning procedure according to a first configuration (Paragraph 0075; multiple RS configurations of the eNB 504 may be used for vertical domain positioning of the UE 502. A first RS configuration may be used for horizontal domain positioning and a second RS configuration used for vertical domain positioning. Paragraph0076; whichever of the available RS are used, the RS transmission from the first antenna port of the eNB 504 may be used to compute horizontal domain positioning); receive a first message (Paragraph 0052; in determining OTDOA, the location server 130 or eNB 104 may transmit OTDOA reference cell information to the UE 102. The OTDOA reference cell information may include a physical cell identity (physCellId), an antenna port configuration (antennaPortConfig), a cyclic prefix length (cpLength) and PRS information (prsInfo)) from a network node (Figure 1 and Paragraphs 0017 and 0019; enhanced node Bs (eNBs) 104 or location server 130), the first message comprising an indication to perform the positioning procedure according to a second configuration (Paragraph 0053; using the PRS for UE-assisted position determination, the PRS may be transmitted on antenna port 6 of the eNB 104 to the UE 102. The PRS may be transmitted from the eNB 104 in a predetermined number of consecutive subframes. Figure 6 and Paragraph 0076; FIG. 6 shows vertical UE location determination using multiple reference signal configurations in accordance with some embodiments. The RS transmission (e.g., CSI-RS or PRS) to the UE 602 from the second antenna port of the eNB 604 may be beamformed and associated with a predetermined structure); perform the positioning procedure according to the second configuration to obtain positioning information of the client device (Figure 6 and Paragraph 0076; use of different RS configurations, each corresponding to a different angle, permits the UE 602 to distinguish between the different transmissions and provide the angular information to the eNB 604. The UE may measure the signals of one or more of the different configurations and determine which configuration(s) is being measured. The parameter being measured may be, for example, signal-to-interference-plus-noise-ratio (SINR), Reference Signal Receive Power (RSRP) (the average power of RE that carry the RS over the entire bandwidth), or Reference Signal Received Quality (RSRQ) (indicating the quality of the received RS)); and transmit a second message to the network node, the second message indicating the positioning information of the client device according to the second configuration (Figure 6 and Paragraph 0076; particular configuration (or angle related parameter) having the highest value of the measured parameter may be reported by LPP signaling to the location server 130 for determination of the vertical position of the UE 602). Regarding claim 14, claim 14 recites similar features as claim 8, therefore is rejected for at least the same reason as discussed above regarding claim 8. Regarding claim 2, Han teaches all of the limitations of claim 1, as described above. Further, Han teaches wherein the set of system parameters comprise a client device density of a geographical area associated with the geographical position and/or a positioning requirement associated with the geographical position (Paragraph 0049; while GPS/GNSS is a common method of obtaining the location of a UE, in certain situations a more accurate location is desired. Paragraph 0060; to increase positional accuracy, in some embodiments, a new PRS pattern may be used. Paragraph 0066; in addition, or instead of adjusting the replication and periodicity of the PRS subframes, one or more other reference signal (RS) configurations for a cell may be configured and transmitted to the UE 102 (e.g., in the prs-ConfigurationIndex) to increase the RS density). Regarding claims 3, 9 and 15, Han teaches all of the limitations of claims 1, 8 and 14, as described above. Further, Han teaches wherein the second configuration comprises a reference signal indicating a configuration of a periodicity and/or a resource allocation (Paragraphs 0051 and 0078; each PRS configuration may have its own independent configuration index with an independent subframe offset and periodicity). Regarding claim 4, Han teaches all of the limitations of claim 3, as described above. Further, Han teaches wherein the positioning procedure is a downlink positioning procedure and the reference signal is a positioning reference signal (Paragraph 0052; in determining OTDOA, the location server 130 or eNB 140 may transmit OTDOA reference cell information to the UE 102. The ODTOA reference cell information may include PRS information (prsInfo) [positioning reference signal]. Paragraph 0058; the parameters defining the PRS 314 may be configurable and may be provided in the prsInfo. The PRS 314 parameters may also include a duration Nprs, which may be the number (e.g., 1, 2, 4 or 6) of consecutive downlink subframes with a PRS and defining a measurement period. The cell specific subframe configuration period T.sub.PRS and the cell specific subframe offset Δ.sub.PRS for the transmission of positioning reference signals are listed in Table 1. The PRS may be transmitted only in configured N.sub.PRS consecutive downlink subframes and not transmitted in special subframes). Regarding claim 5, Han teaches all of the limitations of claim 3, as described above. Further, Han teaches wherein the positioning procedure is an uplink positioning procedure and the reference signal is a sounding reference signal (Paragraphs 0071, 0072 and 0074; during OTDOA positioning, the location server 130 may determine the UE height using an additional piece of information determined by the UE 502, θ, the Zenith Angle of Arrival (ZoA). The ZoA may be used to represent the arrival angle in vertical domain. The ZoA, like the Angle of Arrival (AoA) used to represent the arrival angle in horizontal domain, may be measured based on uplink transmissions from the UE 502 and the known configuration of the eNB antenna array. The received UE signal between successive antenna elements may be phase-shifted, and the degree of phase shift may depend on the ZoA, the antenna element spacing, and the carrier frequency. By measuring the phase shift and using known eNodeB characteristics, the ZoA can be determined. Typical uplink signals used in this measurement are Sounding Reference Signals (SRS) or Demodulation Reference Signals (DM-RS), which may also be used to determine the uplink channel quality or timing advance). Regarding claim 6, Han teaches all of the limitations of claim 3, as described above. Further, Han teaches wherein the positioning procedure is a downlink positioning procedure and an uplink positioning procedure, and wherein the reference signal is a positioning reference signal in the downlink positioning procedure (Paragraph 0052; in determining OTDOA, the location server 130 or eNB 140 may transmit OTDOA reference cell information to the UE 102. The ODTOA reference cell information may include PRS information (prsInfo) [positioning reference signal]. Paragraph 0058; the parameters defining the PRS 314 may be configurable and may be provided in the prsInfo. The PRS 314 parameters may also include a duration Nprs, which may be the number (e.g., 1, 2, 4 or 6) of consecutive downlink subframes with a PRS and defining a measurement period. The cell specific subframe configuration period T.sub.PRS and the cell specific subframe offset Δ.sub.PRS for the transmission of positioning reference signals are listed in Table 1. The PRS may be transmitted only in configured N.sub.PRS consecutive downlink subframes and not transmitted in special subframes) and a sounding reference signal in the uplink positioning procedure (Paragraphs 0071, 0072 and 0074; during OTDOA positioning, the location server 130 may determine the UE height using an additional piece of information determined by the UE 502, θ, the Zenith Angle of Arrival (ZoA). The ZoA may be used to represent the arrival angle in vertical domain. The ZoA, like the Angle of Arrival (AoA) used to represent the arrival angle in horizontal domain, may be measured based on uplink transmissions from the UE 502 and the known configuration of the eNB antenna array. The received UE signal between successive antenna elements may be phase-shifted, and the degree of phase shift may depend on the ZoA, the antenna element spacing, and the carrier frequency. By measuring the phase shift and using known eNodeB characteristics, the ZoA can be determined. Typical uplink signals used in this measurement are Sounding Reference Signals (SRS) or Demodulation Reference Signals (DM-RS), which may also be used to determine the uplink channel quality or timing advance). Regarding claims 10 and 16, Han teaches all of the limitations of claims 9 and 15, as described above. Further, Han teaches wherein the positioning procedure is a downlink positioning procedure and the reference signal is a positioning reference signal, the client device configured to: receive the positioning reference signal in the downlink according to the second configuration (Paragraph 0052; in determining OTDOA, the location server 130 or eNB 140 may transmit OTDOA reference cell information to the UE 102. The ODTOA reference cell information may include PRS information (prsInfo) [positioning reference signal]. Paragraph 0058; the parameters defining the PRS 314 may be configurable and may be provided in the prsInfo. The PRS 314 parameters may also include a duration Nprs, which may be the number (e.g., 1, 2, 4 or 6) of consecutive downlink subframes with a PRS and defining a measurement period. The cell specific subframe configuration period T.sub.PRS and the cell specific subframe offset Δ.sub.PRS for the transmission of positioning reference signals are listed in Table 1. The PRS may be transmitted only in configured N.sub.PRS consecutive downlink subframes and not transmitted in special subframes). Regarding claims 11 and 17, Han teaches all of the limitations of claims 9 and 15, as described above. Further, Han teaches wherein the positioning procedure is an uplink positioning procedure and the reference signal is a sounding reference signal, the client device configured to: transmit the sounding reference signal in the uplink according to the second configuration (Paragraphs 0071, 0072 and 0074; during OTDOA positioning, the location server 130 may determine the UE height using an additional piece of information determined by the UE 502, θ, the Zenith Angle of Arrival (ZoA). The ZoA may be used to represent the arrival angle in vertical domain. The ZoA, like the Angle of Arrival (AoA) used to represent the arrival angle in horizontal domain, may be measured based on uplink transmissions from the UE 502 and the known configuration of the eNB antenna array. The received UE signal between successive antenna elements may be phase-shifted, and the degree of phase shift may depend on the ZoA, the antenna element spacing, and the carrier frequency. By measuring the phase shift and using known eNodeB characteristics, the ZoA can be determined. Typical uplink signals used in this measurement are Sounding Reference Signals (SRS) or Demodulation Reference Signals (DM-RS), which may also be used to determine the uplink channel quality or timing advance). Regarding claims 12 and 18, Han teaches all of the limitations of claims 9 and 15, as described above. Further, Han teaches wherein the positioning procedure is a downlink positioning procedure (Paragraphs 0052 and 0058; downlink) and an uplink positioning procedure (Paragraphs 0071, 0072 and 0074; uplink), and wherein the reference signal is a positioning reference signal in the downlink positioning procedure (Paragraphs 0052 and 0058; in determining OTDOA, PRS information is transmitted from location server or eNB to use in downlink signal/measurement) and a sounding reference signal in the uplink positioning procedure (Paragraphs 0071, 0072 and 0074; during OTDOA positioning, sounding reference signal is transmitted from UE to the location server in uplink signal/measurement), the client device configured to: receive the positioning reference signal in the downlink according to the second configuration (Paragraph 0052; in determining OTDOA, the location server 130 or eNB 140 may transmit OTDOA reference cell information to the UE 102. The ODTOA reference cell information may include PRS information (prsInfo) [positioning reference signal]. Paragraph 0058; the parameters defining the PRS 314 may be configurable and may be provided in the prsInfo. The PRS 314 parameters may also include a duration Nprs, which may be the number (e.g., 1, 2, 4 or 6) of consecutive downlink subframes with a PRS and defining a measurement period. The cell specific subframe configuration period T.sub.PRS and the cell specific subframe offset Δ.sub.PRS for the transmission of positioning reference signals are listed in Table 1. The PRS may be transmitted only in configured N.sub.PRS consecutive downlink subframes and not transmitted in special subframes), and transmit the sounding reference signal in the uplink according to the second configuration (Paragraphs 0071, 0072 and 0074; during OTDOA positioning, the location server 130 may determine the UE height using an additional piece of information determined by the UE 502, θ, the Zenith Angle of Arrival (ZoA). The ZoA may be used to represent the arrival angle in vertical domain. The ZoA, like the Angle of Arrival (AoA) used to represent the arrival angle in horizontal domain, may be measured based on uplink transmissions from the UE 502 and the known configuration of the eNB antenna array. The received UE signal between successive antenna elements may be phase-shifted, and the degree of phase shift may depend on the ZoA, the antenna element spacing, and the carrier frequency. By measuring the phase shift and using known eNodeB characteristics, the ZoA can be determined. Typical uplink signals used in this measurement are Sounding Reference Signals (SRS) or Demodulation Reference Signals (DM-RS), which may also be used to determine the uplink channel quality or timing advance). 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 7, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Han, as applied in the claims above, further in view of Kumar et al. (US 20200021946 A1 and Kumar hereinafter). Regarding claims 7, 13 and 19, Han teaches all of the limitations of claims 1, 8 and 14, as described above. Further, Han teaches wherein the network (Paragraph 0071; eNB 504 and/or location server 130 (e.g., e-SMLC)); and wherein the first message and the second message are LTE positioning protocol messages (Paragraph 0071; the location of the UE is derived from measurement in LTE Positioning Protocol (LPP) or LTE Positioning Protocol A (LPPa) by the location server). Han does not explicitly teach wherein the network node is a location management function. In an analogous art, Kumar teaches wherein the network node is a location management function (Paragraphs 0055; LMF 152. Paragraph 0056; LPP message sent from the LMF 152 to the UE 105 may instruct the UE 105 to do any of a variety of things, depending on desired functionality. For example, the LPP message could contain an instruction for the UE 105 to obtain measurements for GNSS (or A-GNSS), WLAN, and/or OTDOA (or some other position method). In the case of OTDOA, the LPP message may instruct the UE 105 to obtain one or more measurements (e.g. RSTD measurements) of PRS signals transmitted within particular cells supported by particular gNBs 110 (or supported by one or more ng-eNBs 114 or eNBs)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Patil and Han because Kumar may it would assist in location determination to mitigate or avoid less accurate location estimation of the UEs (Kumar, Paragraph 0004). Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Do et al. (US 20140364101 A1) discloses a server can receive position data collected by a mobile device with a first positioning configuration, the server can determine, from the position data received at the server, a mobile device position and create a second positioning configuration according to at least the mobile device position. In one embodiment, the server can send the second positioning configuration to the mobile device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm 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 Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Jing Gao/ Examiner Art Unit 2647
Read full office action

Prosecution Timeline

Oct 11, 2023
Application Filed
Nov 28, 2023
Response after Non-Final Action
Dec 18, 2025
Non-Final Rejection mailed — §102, §103
Mar 03, 2026
Response Filed
Mar 03, 2026
Response after Non-Final Action

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
88%
With Interview (+30.7%)
3y 11m (~1y 3m remaining)
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