Prosecution Insights
Last updated: October 16, 2026
Application No. 18/553,690

POSITIONING ENHANCEMENT MECHANISM

Non-Final OA §103
Filed
Oct 02, 2023
Priority
Apr 06, 2021 — nonprovisional of PCTCN2021085588
Examiner
MANOHARAN, MUTHUSWAMY GANAPATHY
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Nokia Corporation
OA Round
3 (Non-Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
416 granted / 640 resolved
+3.0% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
40 currently pending
Career history
701
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
68.0%
+28.0% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 640 resolved cases

Office Action

§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 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) 41-43, 46-47, 50, 52-54, 56-57, 59, 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (hereinafter Dong)(US 2023/0189198) in view of Qi et al. (hereinafter Qi)(US 2022/0014329). Regarding claim 41, Dong teaches a first device for a location management function node(LMF, in Fig. 4B), comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the first device to: determine that a terminal device is to transmit a positioning related message in a nonconnected state; and transmit assistance information to a radio access network node device serving the terminal device(Fig. 4B; RRC disconnected state; item S110 and item S120 in Fig. 4B; P[0193, 0194], in response to determining that the LMF needs to position the UE in the RRC inactive state, the LMF sends the NRPPA message to the anchored base station). Dong did not teach specifically the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message. However, Qi teaches in an analogous art the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message(P[0106-0108], periodicity is signaled to the UE to perform positioning routine). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message in order to have improved efficiency. Regarding claim 42, Dong in view of Qi teaches the first device to determine that the terminal device is to transmit the positioning related message in the non-connected state based, at least partially, on a determination that the terminal device is to enter the non-connected state (Dong: P[0028], in response to entering the RRC disconnected state the UE in the RRC disconnected state is triggered to perform positioning measurement). Regarding claim 43, Dong in view of Qi teaches the first device of claim 41, wherein the instructions, when executed with the at least one processor, further cause the first device to: determine that the terminal device is to enter the non-connected state based on at least one of: an activity state of the third device; or an indication received from an access and mobility management function node(Dong: P[0193, 0194], in response to determining that the LMF needs to position the UE in the RRC inactive state, the LMF sends the NRPPA message to the anchored base station; Qi: P[0134], specific resource configurations determined by one or more of serving gNB, group of gNBs and higher layer entities in the 5G network; P[0108], periodicity information may be provided by upper layer signaling such that UE will be required to perform random access). Regarding claim 46, Dong in view of Qi teaches instructions when executed with the at least one processor, further cause the first device to: transmit, via a NR Positioning Protocol A protocol, the assistance information to a fourth device providing a neighbor cell of the terminal device(Dong: P[0201] After receiving the above-mentioned NRPPa message, the base station sends the message to other base stations in the RNA of the UE through Xn interfaces among the base stations). Regarding claim 47, Dong teaches a radio access network node device, comprising: at least one processor(Fig. 4B; first base station); and at least one memory storing instructions that, when executed with the at least one processor, cause the radio access network node device to: receive assistance information from a first device for a location management function node(Fig. 4B, item S110), the assistance information comprising a positioning related message to be transmitted with a terminal device in a nonconnected state(item S120 in Fig. 4B); determine a configuration for the positioning related message based on the assistance information; and transmit the configuration to the terminal device(item, S130 and S140 in Fig. 4B). Dong did not teach specifically the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message. However, Qi teaches in an analogous art the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message(P[0106-0108], periodicity is signaled to the UE to perform positioning routine). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message in order to have improved efficiency. Regarding claim 50, Dong in view of Qi teaches the radio access network node device of claim 47, wherein the instructions, when executed with the at least one processor, further cause the radio access network node device to: transmit, via an Xn interface, the configuration to a fourth device providing a neighbor cell of the terminal device(P[0094], Xn interface; also Fig. 4B, item S150; also S210 in Figs. 6-7). Regarding claim 52, Dong teaches the radio access network node device of claim 47, wherein the instructions, when executed with the at least one processor, further cause the radio access network node device to:activate the configuration; andtransmit, to the terminal device, an indication of the activation of the configuration(item S130 in Fig. 4B); and transmit, to the first device for the location management function node, an indication indicating that the terminal device is to enter the nonconnected state(S140 in Fig. 4B). Regarding claim 53, Dong teaches the radio access network node device of claim 52, wherein the instructions, when executed with the at least one processor, cause the radio access network node device to: activate the configuration by: based at least partially on receiving, from the terminal device, an indication indicating that the terminal device is to transmit the positioning related message in the nonconnected state, activating an allocated resource(item S130 in Fig. 4B; P[0085], the positioning result reported by the UE based on the first paging message in a random process is received); based at least partially on receiving, from a further network device, a message indicating that a set of resources for performing a small data transmission are activated and the set of resources comprise the allocated resource, activating the allocated resource; or based at least partially on receiving an activation indication from the first device for the location management function node, activating the allocated resource(P[0073] S110: the positioning request message sent by LMF is received, and the positioning request message is used for requesting location information of the UE). Regarding claim 54, Dong teaches a terminal device comprising(Fig. 4B; UE): at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the terminal device to: receive, from a radio access network node device, a configuration for a positioning related message to be transmitted with the terminal device in a nonconnected state(item S120 in Fig. 4B), the configuration comprising a configuration determined at the radio access network node device based on assistance information received from a first device for a location management function node, the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message; and transmit, in the nonconnected state and to the radio access network node device, the positioning related message based on the configuration(items, S120 and S130 in Fig. 4B). Dong did not teach specifically the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message. However, Qi teaches in an analogous art the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message(P[0106-0108], periodicity is signaled to the UE to perform positioning routine). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message in order to have improved efficiency. Regarding claim 56, Dong teaches the terminal device of claim 54, wherein the instructions, when executed with the at least one processor, further cause the terminal device to: transmit, to the radio access network node device, an indication indicating that the terminal device is about to transmit the positioning related message in the nonconnected state; and transmit, to the first device for the location management function node, the positioning related message(items S130 and S140 in fig. 4B). Regarding claim 57, Dong teaches a fourth device comprising(Figs. 5B, 6 and 7): at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the fourth device to: receive assistance information from a first device for a location management function node(items S110, S150 in Fig. 5B), the assistance information comprising a positioning related message to be transmitted with a terminal device in a nonconnected state, (item, S220 in Fig. 6; also item S220 in Fig. 7) wherein the fourth device comprises another radio access network node device(second base station in Fig. 5B, 6, 7); and reserve a resource based on the assistance information(item S240 in Fig. 7). Dong did not teach specifically the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message. However, Qi teaches in an analogous art the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message(P[0106-0108], periodicity is signaled to the UE to perform positioning routine). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the assistance information comprising at least one of a data size or a transmission periodicity for the positioning related message in order to have improved efficiency. Regarding claim 59, Dong teaches the fourth device of claim 57, wherein the radio access network node device serves the terminal device, instructions, when executed with the at least one processor, cause the fourth device to: reserve resources by: attempting to receive the positioning related message from the terminal device on the reserved resources(item S230 in Fig. 7). Regarding claim 61, Dong teaches the first device of claim 41, wherein the assistance information is configured to be used by the radio access network node device to allocate a resource for the terminal device to transmit the positioning related message(Fig. 4B; also items S130 and S140 in Fig. 4B). Claim(s) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (hereinafter Dong)(US 2023/0189198) in view of Qi et al. (hereinafter Qi)(US 2022/0014329) and Hao et al. (hereinafter Hao)(US 2023/0239904). Regarding claim 44, Dong in view of Qi teaches all the particulars of the claim except , wherein the activity state of the terminal device is indicated in a message received from one of the access and mobility management function node, the radio access network node and the third device. However, Hao teaches in an analogous art wherein the activity state of the terminal device is indicated in a message received from one of the access and mobility management function node, the radio access network node and the terminal device(P[0023], LMF device receives from the access network, the information that the terminal device enters the non-connected state). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the activity state of the terminal device is indicated in a message received from one of the access and mobility management function node, the radio access network node and the terminal device in order to have improved efficiency. Claim(s) 45, 51, 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (hereinafter Dong)(US 2023/0189198) in view of Qi et al. (hereinafter Qi)(US 2022/0014329) and Wu et al. (hereinafter Wu)(WO 2022/205360). Regarding claim 45, Dong in view of Qi teaches all the particulars of the claim except, wherein the positioning related message is to be transmitted via a small data transmission, and the positioning related message comprises a positioning measurement report. However, Wu teaches in an analogous art wherein the positioning related message is to be transmitted via a small data transmission, and the positioning related message comprises a positioning measurement report(abstract; location notification; small data transmission (SDT) when user equipment is in inactive state). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the positioning related message is to be transmitted via a small data transmission, and the positioning related message comprises a positioning measurement report in order to have improved efficiency. Regarding claim 51, Dong in view of Qi teaches the radio access network node device of claim 47, wherein the instructions, when executed with the at least one processor, further cause the radio access network node device to: receive, from the terminal device, the positioning related message; and transmit the positioning related message to the first device for the location management function node(items S130, S140 in Fig. 4B). Dong in view of Qi did not teach specifically the positioning related message comprising a positioning related message transmitted via a small data transmission. However, Wu teaches in an analogous art the positioning related message comprising a positioning related message transmitted via a small data transmission (abstract; location notification; small data transmission (SDT) when user equipment is in inactive state). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have the positioning related message comprising a positioning related message transmitted via a small data transmission in order to have improved efficiency. Regarding claim 58, Dong in view of Qi teaches the fourth device of claim 57, wherein the instructions, when executed with the at least one processor, further cause the fourth device to: receive, from a radio access network node device, a configuration for the positioning related message, the configuration comprising a configuration determined at the radio access network node device based on the assistance information(item S220 in Fig. 6 and 7). Dong in view of Qi did not teach specifically the positioning related message comprising a positioning related message transmitted via a small data transmission. However, Wu teaches in an analogous art the positioning related message comprising a positioning related message transmitted via a small data transmission (abstract; location notification; small data transmission (SDT) when user equipment is in inactive state). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have the positioning related message comprising a positioning related message transmitted via a small data transmission in order to have improved efficiency. Claim(s) 48-49, 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (hereinafter Dong)(US 2023/0189198) in view of Qi et al. (hereinafter Qi)(US 2022/0014329) and Gordaychik (US 20210058936). Regarding claim 48, Dong in view of Qi teaches the radio access network node device of claim 47, wherein the instructions, when executed with the at least one processor, cause the radio access network node device to: determine the configuration for the positioning related message (Dong: item S120). Dong in view of Qi did not teach specifically by performing at least one of: determining, based on the data size, at least one of the following: a resource allocated for a first message associated with a small data transmission, a modulation and coding scheme for the first message, or a data volume threshold for the terminal device to determine whether the small data transmission is to be used; or determining, based on the transmission periodicity, a small data transmission occasion for the terminal device to transmit the positioning related message in the nonconnected state. However Gordychik teaches in an analogous art performing at least one of: determining, based on the data size, at least one of the following: a resource allocated for a first message associated with a small data transmission, a modulation and coding scheme for the first message, or a data volume threshold for the terminal device to determine whether the small data transmission is to be used; or determining, based on the transmission periodicity, a small data transmission occasion for the terminal device to transmit the positioning related message in the nonconnected state (P[0113-0114], UE may report to a gNB that it is entering inactive state; UE may include a periodicity and data size for which UE may report periodic small messages; P[0114], gNB may determine whether periodicity and data size can be supported based on supported MCS). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to perform at least one of: determining, based on the data size, at least one of the following: a resource allocated for a first message associated with a small data transmission, a modulation and coding scheme for the first message, or a data volume threshold for the terminal device to determine whether the small data transmission is to be used; or determining, based on the transmission periodicity, a small data transmission occasion for the terminal device to transmit the positioning related message in the nonconnected state in order to have improved performance. Regarding claim 49, Dong in view of Qi and Gordychik teaches the radio access network node device of claim 48, wherein the first message comprises: a message A comprising a random access preamble in 2- step random access procedure for the small data transmission, a message 3 in 4-step random access procedure for the small data transmission, or a message comprising an uplink configured grant for the small data transmission(P[0138, 0140], 2-step; 4-step; Gordychik: P[0174-0175], 2-step; 4-step RACH). Regarding claim 55, Dong in view of Qi teaches the terminal device of claim 54, wherein transmitting the position related message comprises the instructions, when executed with the at least one processor, further cause the terminal device to: obtain the configuration. Dong in view of QI did not teach specifically a data volume threshold associated with a small data transmission; based at least partially on a determination that a data volume of the positioning related message is below the data volume threshold, determine that the positioning related message is to be transmitted via the small data transmission; and transmit the positioning related message based on the configuration indicating at least one of: a resource allocated for a first message associated with the small date transmission, a modulation and coding scheme for the first message, or a small data transmission occasion comprising one of a random access procedure occasion, or an uplink configured grant occasion. However Gordychik teaches in an analogous art a data volume threshold associated with a small data transmission; based at least partially on a determination that a data volume of the positioning related message is below the data volume threshold, determine that the message is to be transmitted via the small data transmission; and transmit the message based on the configuration indicating at least one of: a resource allocated for a first message associated with the small date transmission, a modulation and coding scheme for the first message, or a small data transmission occasion comprising one of a random access procedure occasion, or an uplink configured grant occasion(P[0113-0114], gNB may determine whether a periodicity and data size is supported (providing the threshold) based on the UE location or position , supported MCS; RACH occasion; UE in the inactive state). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have data volume threshold associated with a small data transmission; based at least partially on a determination that a data volume of the positioning related message is below the data volume threshold, determine that the positioning related message is to be transmitted via the small data transmission; and transmit the positioning related message based on the configuration indicating at least one of: a resource allocated for a first message associated with the small date transmission, a modulation and coding scheme for the first message, or a small data transmission occasion comprising one of a random access procedure occasion, or an uplink configured grant occasion in order to have improved performance. Response to Arguments Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUTHUSWAMY GANAPATHY MANOHARAN whose telephone number is (571)272-5515. The examiner can normally be reached 6:30am-3:00pm. 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, Alison T Slater can be reached at 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 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. /MUTHUSWAMY G MANOHARAN/Primary Examiner, Art Unit 2647
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Prosecution Timeline

Oct 02, 2023
Application Filed
Jan 22, 2026
Non-Final Rejection mailed — §103
Feb 27, 2026
Response Filed
Apr 29, 2026
Final Rejection mailed — §103
Jun 29, 2026
Response after Non-Final Action
Jul 28, 2026
Request for Continued Examination
Jul 30, 2026
Response after Non-Final Action
Aug 21, 2026
Non-Final Rejection mailed — §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
65%
Grant Probability
81%
With Interview (+15.9%)
3y 7m (~6m remaining)
Median Time to Grant
High
PTA Risk
Based on 640 resolved cases by this examiner. Grant probability derived from career allowance rate.

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