Prosecution Insights
Last updated: October 02, 2026
Application No. 18/576,327

POSITIONING METHOD AND APPARATUS

Non-Final OA §103
Filed
Jan 03, 2024
Priority
Jul 07, 2021 — nonprovisional of PCT/CN2021/105071 +1 more
Examiner
ODOM, CURTIS B
Art Unit
2631
Tech Center
2600 — Communications
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
3 (Non-Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
704 granted / 808 resolved
+25.1% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
831
Total Applications
across all art units

Statute-Specific Performance

§101
8.6%
-31.4% vs TC avg
§103
43.3%
+3.3% vs TC avg
§102
31.5%
-8.5% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 808 resolved cases

Office Action

§103
DETAILED ACTION Response to Arguments 1. Applicant's arguments filed 7/20/2026 have been fully considered but they are not persuasive. Applicant discloses (see pages 9-14 of Remarks dated 7/20/2026) Yerramalli (US 2023/0319763) does not disclose “determining whether the first positioning assistance information is completely the same as the second positioning assistance information in response to determining that the network device sends the second positioning assistance information; selectively using either the first positioning assistance information or the second positioning assistance information in response to determining that the first positioning assistance information is completely the same as the second positioning assistance information; and using only the second positioning assistance information in response to determining that the first positioning assistance information is not completely the same as the second positioning assistance information.” However, Yerramalli et al. discloses receiving positioning information to measure/process positioning signals (see section 0099), wherein this process includes determining whether a network device sends second positioning assistance information (second positioning assistance data as disclosed in sections 0120-0121 and 0124) required for applying a current positioning technology (as disclosed in sections 0118-0124). Yerramelli et al. further discloses determining whether the first positioning assistance information (previously stored positioning assistance data as disclosed in section 0122) is completely the same as the second positioning assistance information (as disclosed in section 0122, see also sections 0120-0121, wherein it is the understanding of the Examiner that “corresponds to” is functionally equivalent to “the same as..”) in response to determining that the network device sends the second positioning assistance information (as disclosed in section 0121). Yerramelli et al. also discloses selectively using either the first positioning assistance information or the second positioning assistance information in response to determining that the first positioning assistance information is completely the same as the second positioning assistance information (as disclosed in sections 0121-0122, wherein the first (previously stored) positioning assistance data is selected to be used (see section 0121) if the both the positioning assistance data are the same/correspond to one another). Yerramelli et al. further discloses using only the second positioning assistance information (as disclosed in section 0123) in response to determining that the first positioning assistance information is not completely the same as (different as disclosed in section 0123) the second positioning assistance information. Therefore, based on the above disclosure, it is understanding that Yerramelli et al. anticipates the limitations referenced above. Claim Rejections - 35 USC § 103 2. 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. 3. Claims 1, 2, 6, 7, 10, 11, 13, 15, 16, 20, and 21 and are rejected under 35 U.S.C. 103 as being unpatentable over Gunnarsson et al. (previously cited in Office Action 12/19/2025) in view of Yerramalli et al. (previously cited in Office Action 12/19/2025). Regarding claim 1, Gunnarsson et al. discloses a positioning method, performed by a terminal device, comprising: receiving (as disclosed in sections 0135 and 0137) pre-configured first positioning assistance information (ProvidePositioningAssistance message); and receiving a message (ProvideAssistanceData message as disclosed in section 0121-0122) triggering the terminal device to use the first positioning assistance information. Gunnarsson et al. does not specifically disclose determining whether a network device sends second positioning assistance information required for applying a current positioning technology; determining whether the first positioning assistance information is completely the same as the second positioning assistance information in response to determining that the network device sends the second positioning assistance information; selectively using either the first positioning assistance information or the second positioning assistance information in response to determining that the first positioning assistance information is completely the same as the second positioning assistance information; and using only the second positioning assistance information in response to determining that the first positioning assistance information is not completely the same as the second positioning assistance information. However, Yerramalli et al. also discloses receiving positioning information to measure/process positioning signals (see section 0099), wherein this process includes determining whether a network device sends second positioning assistance information (second positioning assistance data as disclosed in sections 0120-0121 and 0124) required for applying a current positioning technology (as disclosed in sections 0118-0124). Yerramelli et al. further discloses determining whether the first positioning assistance information (previously stored positioning assistance data as disclosed in section 0122) is completely the same as the second positioning assistance information (as disclosed in section 0122, see also sections 0120-0121, wherein it is the understanding of the Examiner that “corresponds to” is functionally equivalent to “the same as..”) in response to determining that the network device sends the second positioning assistance information (as disclosed in section 0121). Yerramelli et al. also discloses selectively using either the first positioning assistance information or the second positioning assistance information in response to determining that the first positioning assistance information is completely the same as the second positioning assistance information (as disclosed in sections 0121-0122, wherein the first (previously stored) positioning assistance data is selected to be used (see section 0121) if the both the positioning assistance data are the same/correspond to one another). Yerramelli et al. further discloses using only the second positioning assistance information (as disclosed in section 0123) in response to determining that the first positioning assistance information is not completely the same as (different as disclosed in section 0123) the second positioning assistance information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the method/device of Gunnarsson et al. to provide second positioning assistance data as taught by Yerramalli et al. since Yerramalli et al. discloses the second positioning assistance data enables a positioning reference signal to be measured in the case that first positioning assistance data is not applicable to perform the measurement (see section 0124). Regarding claim 2, Gunnarsson discloses sending a request message for positioning assistance information (as disclosed in section 0139, see also section 0134) to a location management function (LMF) device (see section 0111, wherein all positioning (location) assistance requests are provided to the LMF, see also section 0120) in response to determining that the first positioning assistance information is unavailable (not persistent as disclosed in section 0139). Regarding claim 6, Gunnarsson et al. discloses determining that the first positioning assistance information is unavailable comprises: determining that the first positioning assistance information has a timeliness characteristic (as disclosed in sections 0162-0164), and determining that the first positioning assistance information is invalid (not persistent). Regarding claim 7, Gunnarsson et al. discloses sending the request message (as disclosed in section 0139, see also section 0148) for the positioning assistance information to the LMF device (as disclosed in section 0120) in response to determining that the first positioning assistance information is invalid (not persistent as disclosed in section 0139). Regarding claim 10, discloses sending (as disclosed in section 0139, see also section 0134) a request message for positioning assistance information to an LMF device (see section 0111, wherein all positioning (location) assistance requests are provided to the LMF, see also section 0120) in response to determining that the first positioning assistance information is inconsistent (based on a persistence indicator as disclosed in sections 0139 and 0155) with second positioning assistance information (second part of assistance data as disclosed in sections 0140-0141). Regarding claim 11, Gunnarsson et al. discloses receiving the pre-configured first positioning assistance information comprises one of: receiving the first positioning assistance information (ProvideAssistanceData message as disclosed in sections 0120-0121) sent by an LMF device through a long term evolution positioning protocol (LPP) message (as disclosed in sections 0120-0121); or receiving the first positioning assistance information sent by a network device, the first positioning assistance information being provided by the LMF device. Regarding claims 13, 16, 20, 21, Gunnarsson et al. and Yerramalli et al. disclose a terminal device (see Gunnarsson et al, Fig. 16) comprising: a processor (block 1610) and a memory (block 1620) configured to perform the method of claims, 1, 2, 6, and 7, the rejections of which are applicable hereto. Regarding claim 15, Gunnarsson et al. and Yeramelli et al. disclose a non-transitory computer-readable storage medium (see Gunnarsson et al., section 0038) having stored therein instructions that, when executed by a processor of a terminal, cause the terminal to perform the method of claim 1, the rejection of which is applicable hereto. 4. Claims 3-5 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gunnarsson et al. (previously cited in Office Action 12/19/2025) in view of Yerramalli et al. (previously cited in Office Action 12/19/2025), and in further view of Belghoul et al. (previously cited in Office Action 12/19/2025). Regarding claims 3-5 and 17-19, Gunnarsson et al. and Yerramalli et al. do not specifically disclose sending an error indication message to an LMF device to indicate that the first positioning assistance information is unavailable in response to determining that the first positioning assistance information is unavailable. Gunnarsson et al. and Yerramalli et al. also does not disclose sending a location providing information message to an LMF device in response to determining that the first positioning assistance information is unavailable, wherein the location providing information message contains error indication information for indicating that the first positioning assistance information is unavailable. Gunnarsson et al. and Yerramalli et al. further do not disclose receiving a message triggering the terminal device to use the first positioning assistance information, and determining that the terminal device is unable to measure a positioning reference signal (PRS) based on the first positioning assistance information. However, Belghoul et al. also discloses receiving positioning (location) assistance data (as disclosed in sections 0010 and 0038-0039), and sending an error indication message (“UE positioning error” as disclosed in sections 0140-0147) to an LMF device (in a measurement report which is provided to a UTRAN (LMF device) as disclosed in section 0029) to indicate that the first positioning assistance information is unavailable in response to determining that the first positioning assistance information is unavailable (missing assistance data as disclosed in sections 0140-0147). Belghoul et al. also discloses sending a location providing information message (measurement report as disclosed in sections 0029 and 0140-0147) to an LMF device (see section 0029) in response to determining that the first positioning assistance information is unavailable (as disclosed in sections 0140-0147), wherein the location providing information message contains error indication information (“UE positioning error”) for indicating that the first positioning assistance information is unavailable. Belghoul et al. further discloses receiving a message (query as disclosed in section 0055, see also sections 0127-0128) triggering the terminal device to use the first positioning assistance information, and determining (as disclosed in sections 0140-0147) that the terminal device is unable to measure a positioning reference signal (PRS) based on the first positioning assistance information (due to missing assistance data as disclosed in section 0142). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the method/device of Gunnarsson et al. and Yerramalli et al. to provide an error indication when positioning assistance data is unavailable as taught by Belghoul et al. since Belghoul et al. discloses that determining when the positioning information is unavailable provides the benefit of providing additional information for estimating a location when the positioning information is determined to be unavailable (see section 0007). Conclusion 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS B ODOM whose telephone number is (571)272-3046. The examiner can normally be reached 8-5. 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. /CURTIS B ODOM/Primary Examiner, Art Unit 2631 August 3, 2026
Read full office action

Prosecution Timeline

Jan 03, 2024
Application Filed
Dec 19, 2025
Non-Final Rejection mailed — §103
Mar 17, 2026
Response Filed
Apr 20, 2026
Final Rejection mailed — §103
Jul 20, 2026
Request for Continued Examination
Jul 22, 2026
Response after Non-Final Action
Aug 05, 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
87%
Grant Probability
99%
With Interview (+11.5%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 808 resolved cases by this examiner. Grant probability derived from career allowance rate.

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