Prosecution Insights
Last updated: July 17, 2026
Application No. 18/554,217

Radio Network Node and Location Server for Use in a Wireless Communication Network

Final Rejection §102
Filed
Oct 06, 2023
Priority
Apr 09, 2021 — provisional 63/173,170 +1 more
Examiner
KHAN, SUHAIL
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
458 granted / 572 resolved
+18.1% vs TC avg
Strong +27% interview lift
Without
With
+27.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
593
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
69.2%
+29.2% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 572 resolved cases

Office Action

§102
DETAILED ACTION This Action is in response to Applicant’s amendment filed on 5/18/2026. Claims 29-54 are still pending in the present application. This Action is made FINAL. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 29-54 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manolakos et al. (U.S. Patent Application Publication No. 2023/0422202) Referring to Claim 29, Manolakos et al. disclose a method performed by a radio network node configured for use in a wireless communication network, (Fig. 5B and pars 136 and 140, NG-RAN node) the method comprising: receiving, from a location server for the wireless communication network (Fig. 5B and pars 136 and 140, LMF), a request for the radio network node to report measurements usable to compute a location of a wireless device (Fig. 5B and pars 136 and 140, request positioning information for a UE); and transmitting, to the location server, a message that indicates the radio network node is unable to report the measurements and that indicates a cause of the radio network node being unable to report the measurement wherein the indicated cause is that the wireless device has moved to another radio network node (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 30 as applied to Claim 29 above, Manolakos et al. disclose the method, wherein the measurements are enhanced cell identity (E-CID) measurements (par 108, E-CID). Referring to Claim 31 as applied to Claim 29 above, Manolakos et al. disclose the method, wherein the received request is a measurement initiation request, and/or the transmitted message is a measurement initiation failure message or a measurement failure indication (pars 136 and 140, request positioning information, positioning information failure). Referring to Claim 32 as applied to Claim 29 above, Manolakos et al. disclose the method, wherein the transmitted message indicates the radio network node is unable to report the measurements by indicating that the radio network node is unable to initiate any of the measurements or is unable to instigate required radio resource control procedures to obtain the measurements from the wireless device (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 33 as applied to Claim 29 above, Manolakos et al. disclose the method, wherein the request is received and/or the message is transmitted using a Positioning Protocol between the radio network node and the location serve (pars 136 and 140, NRPPa). Referring to Claim 34 as applied to Claim 29 above, Manolakos et al. disclose the method, wherein the transmitted message indicates the cause from a radio network layer perspective (par 140, cause – handover; Also, par 132). Referring to Claim 35 as applied to Claim 29 above, Manolakos et al. disclose the method, further comprising: responsive to receiving the request, determining whether the radio network node is able to report the measurements; and based on determining that the radio network node is unable to report the measurements, determining a cause of the radio network node being unable to report the measurements; and generating the message to be transmitted to indicate the determined cause (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 36, Manolakos et al. disclose a method performed by a location server configured for use in a wireless communication network (Fig. 5B and pars 136 and 140, LMF), the method comprising: transmitting, from the location server to a radio network node in the wireless communication network, a request for the radio network node to report measurements usable to compute a location of a wireless device (Fig. 5B and pars 136 and 140, LMF sends NF-RAN node request for positioning information for a UE); and receiving, from the radio network node, a message that indicates the radio network node is unable to report the measurements and that indicates a cause of the radio network node being unable to report the measurements, wherein the indicated cause is that the wireless device has moved to another radio network node (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 37 as applied to Claim 36 above, Manolakos et al. disclose the method, wherein the measurements are enhanced cell identity (E-CID) measurements (par 108, E-CID). Referring to Claim 38 as applied to Claim 36 above, Manolakos et al. disclose the method, wherein the transmitted request is a measurement initiation request, and/or the received message is a measurement initiation failure message or a measurement failure indication (pars 136 and 140, request positioning information, positioning information failure). Referring to Claim 39 as applied to Claim 36 above, Manolakos et al. disclose the method, wherein the received message indicates the radio network node is unable to report the measurements by indicating that the radio network node is unable to initiate any of the measurements or is unable to instigate required radio resource control procedures to obtain the measurements from the wireless device (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 40 as applied to Claim 36 above, Manolakos et al. disclose the method, wherein the received message indicates the cause from a radio network layer perspective (par 140, cause – handover; Also, par 132). Referring to Claim 41 as applied to Claim 36 above, Manolakos et al. disclose the method, further comprising: storing the received message and/or information indicating the cause of the radio network node being unable to report the measurements; and/or responsive to receiving the message, transmitting, to the another radio network node, a request for the another radio network node to report measurements usable to compute a location of the wireless device (Figs. 5 and 8 and pars 136, 140, and 50, cause; measurements from different base stations). Referring to Claim 42, Manolakos et al. disclose a radio network node configured for use in a wireless communication network (Fig. 5B and pars 136 and 140, NG-RAN node), the radio network node comprising: communication circuitry; and processing circuitry (pars 136, 140, and 85-88, transceivers, circuitry, processors) configured to: receive, from a location server for the wireless communication network, a request for the radio network node to report measurements usable to compute a location of a wireless device (Fig. 5B and pars 136 and 140, LMF requests positioning information for a UE); and transmit, to the location server, a message that indicates the radio network node is unable to report the measurements and that indicates a cause of the radio network node being unable to report the measurements, wherein the indicated cause is that the wireless device has moved to another radio network node (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 43 as applied to Claim 42 above, Manolakos et al. disclose the radio network node, wherein the measurements are enhanced cell identity (E-CID) measurements (par 108, E-CID). Referring to Claim 44 as applied to Claim 42 above, Manolakos et al. disclose the radio network node, wherein the received request is a measurement initiation request, and/or the transmitted message is a measurement initiation failure message or a measurement failure indication (pars 136 and 140, request positioning information, positioning information failure). Referring to Claim 45 as applied to Claim 42 above, Manolakos et al. disclose the radio network node, wherein the transmitted message indicates the radio network node is unable to report the measurements by indicating that the radio network node is unable to initiate any of the measurements or is unable to instigate required radio resource control procedures to obtain the measurements from the wireless device (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 46 as applied to Claim 42 above, Manolakos et al. disclose the radio network node, wherein the request is received and/or the message is transmitted using a Positioning Protocol between the radio network node and the location server (pars 136 and 140, NRPPa). Referring to Claim 47 as applied to Claim 42 above, Manolakos et al. disclose the radio network node, wherein the transmitted message indicates the cause from a radio network layer perspective (par 140, cause – handover; Also, par 132). Referring to Claim 48 as applied to Claim 42 above, Manolakos et al. disclose the radio network node, wherein the processing circuitry is further configured to: responsive to receiving the request, determine whether the radio network node is able to report the measurements; and based on determining that the radio network node is unable to report the measurements, determine a cause of the radio network node being unable to report the measurements; and generate the message to be transmitted to indicate the determined cause (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 49, Manolakos et al. disclose a location server configured for use in a wireless communication network (Fig. 5B and pars 136 and 140, LMF), the location server comprising: communication circuitry (pars 136, 140, 85 and 86, transceiver circuity); and processing circuitry (pars 136, 140, 85-88, processor) configured to: transmit, from the location server to a radio network node in the wireless communication network, a request for the radio network node to report measurements usable to compute a location of a wireless device (Fig. 5B and pars 136 and 140, LMF sends NF-RAN node request for positioning information for a UE); and receive, from the radio network node, a message that indicates the radio network node is unable to report the measurements and that indicates a cause of the radio network node being unable to report the measurements, wherein the indicated cause is that the wireless device has moved to another radio network node (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 50 as applied to Claim 49 above, Manolakos et al. disclose the location server, wherein the measurements are enhanced cell identity (E-CID) measurements (par 108, E-CID). Referring to Claim 51 as applied to Claim 49 above, Manolakos et al. disclose the location server, wherein the transmitted request is a measurement initiation request, and/or the received message is a measurement initiation failure message or a measurement failure indication (pars 136 and 140, request positioning information, positioning information failure). Referring to Claim 52 as applied to Claim 49 above, Manolakos et al. disclose the location server, wherein the received message indicates the radio network node is unable to report the measurements by indicating that the radio network node is unable to initiate any of the measurements or is unable to instigate required radio resource control procedures to obtain the measurements from the wireless device (Fig. 5B and par 140, unsuccessful information exchange - positioning information failure, due to UE handover). Referring to Claim 53 as applied to Claim 49 above, Manolakos et al. disclose the location server, wherein the received message indicates the cause from a radio network layer perspective (par 140, cause – handover; Also, par 132). Referring to Claim 54 as applied to Claim 49 above, Manolakos et al. disclose the location server, wherein the processing circuitry is further configured to: store the received message and/or information indicating the cause of the radio network node being unable to report the measurements; and/or responsive to receiving the message, transmit, to the another radio network node, a request for the another radio network node to report measurements usable to compute a location of the wireless device (Figs. 5 and 8 and pars 136, 140, and 50, cause; measurements from different base stations). Response to Arguments Applicant's arguments filed 5/18/2026 have been fully considered but are not persuasive. Applicant argues on page 9 of the Remarks that Manolakos et al. do not disclose request for node to report measurements to compute location of wireless device. Examiner respectfully disagrees. In pars 136-140, Manolakos et al. disclose the positioning information request includes request for various information such as number of SRS transmission, bandwidth of SRS, etc. Such information is interpreted as measurements. Applicant argues on pages 10 and 11 of the Remarks that Manolakos et al. do not disclose message indicating node is unable to report measurements but rather a request concerning SRS transmission characteristics. Examiner respectfully disagrees. Par 140 is related to unsuccessful positioning information exchange and then a positioning information failure message indicating failure due to handover. Thus Manolakos et al. shows the message indicating unable to report, as claimed. Manolakos et al. disclose a scenario where the SRS characteristics are included in the information request message. But the basis of the disclosure based on inability to report measurements and indicating as such still holds true. Applicant argues on pages 11 and 12 of the Remarks that the request of Manolakos et al. are not for E-CID measurements. Examiner respectfully disagrees. Manolakos et al. shows in par 137 that the request is related to reference signals for positioning. In pars 108 and 109, E-CID is shown to be the positioning method and it further utilizes the reference signals for positioning. Applicant argues on page 13 of the Remarks that Manolakos et al. do not disclose request is a measurement initiation request and/or transmitted message is a measurement initiation failure message or indication. Examiner respectfully disagrees. Manolakos et al. discloses in pars 136 and 140, initiating the procedure by requesting positioning information, and, then the failure message, as claimed. Conclusion THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. 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. /Suhail Khan/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Oct 06, 2023
Application Filed
Mar 18, 2026
Non-Final Rejection mailed — §102
May 18, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §102 (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
80%
Grant Probability
99%
With Interview (+27.4%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 572 resolved cases by this examiner. Grant probability derived from career allowance rate.

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