Prosecution Insights
Last updated: April 19, 2026
Application No. 18/582,254

FIELD OF VIEW DETERMINATION BASED ON AN ELEVATION ANGLE BETWEEN DEVICES

Non-Final OA §102
Filed
Feb 20, 2024
Examiner
ULYSSE, JAEL M
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
541 granted / 649 resolved
+25.4% vs TC avg
Minimal +5% lift
Without
With
+5.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
678
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of Application 2 This instant Office Action is in response to Original Filing filed on 2/20/2024. 3. This Office Action is made Non-Final. 4. Claims 1-20 are pending. Information Disclosure Statement Prior to the examination of this application, no information disclosure statement (IDS) was filed or submitted. 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. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erad et al. US 20130002489 hereafter Erad. As to Claim 1. Erad discloses a method of operating a communications device, comprising [Sections 0001, 0018: The present invention relates to a wireless communication source, a system device and method for finding the relative location, direction, distance and elevation difference. Provide a system method and device for determining direction distance and elevation difference of multiple target devices located within the communication range]: determining first information associated with a first height of a user equipment (UE) [i.e. User]; determining second information associated with a second height of a target device [Sections 0014, 0026, 0176: By determining height difference between electronic devices, PBS (proximity based services) can be provided, a user find height difference from his device to at least one another user (i.e. target device) in his proximity. Display to a user at least one target device that indicates the relative height to the DF. The device determine more than one relative height for the two communicating devices]; determining a distance between the UE and the target device [Sections 0045, 0112: Preferably, the method is used for determining the distance from the target. A Target mobile device, that a user selects it to be used as a reference for distance from other targets], determining an elevation angle between the UE and the target device [Section 0043: Preferably, the method is further used for finding the elevation angle between the direction finder and the target] based on the distance and a differential [i.e. difference/height difference] between the first information [i.e. first and second information are heights] and the second information [Figs. 15f, 23a-d (Depicts finding of an elevation angle to a target), Sections 0115, 0154, 0193: Mapping of a set of directions, distances and height differences to Targets from a Direction-Finder and from each such target to the other targets. The elevation angle found between the DF and the target, the distance d to the target can be determined, and based on these parameters, the determination of the difference in height between the DF and the target or calculating height difference based on parameters using trigonometry. The height difference between the device and said target is calculated]; determining whether the target device is inside of a field of view (FoV) [i.e. Viewing Target within range] of the UE based on the elevation angle [Sections 0043, 0179, 0184: Method for finding the elevation angle between the direction finder device and the target, performing steps resulting in determination of one or more elevation angles to the target. Targets may be determined within the communication range and monitoring the relative locations of target in comparison to the DF device. Determining a range from a target and viewing targets within this range (i.e. FoV)]; and performing at least one action [i.e. locate targets and/or block targets] based on the FoV determination [Sections 0184, 0185: Determining a range from a target and viewing targets within this range (i.e. FoV). Based on the distances, directions, and elevation differences, for example, a user may now view that his friend (i.e. target) is located 50 m from him to the left, and 15 m left of Starbucks; and furthermore, the user may block targets from conducting direct wireless communication with him]. As to Claim 2. Erad discloses the method of claim 1, wherein the FoV [i.e. Viewing Target within range, 0184] determination is further based on an Azimuth angle of arrival (AoA) associated with one or more signals communicated [Section 0014: A user establish direct wireless communication (i.e. using antenna) with electronic devices/target in his proximity] between the UE and the target device [Sections 0005, 0007, 0009: The direction from which the received signal strength (RSS) or received signal strength indication (RSSI) is used to calculate the Angle of Arrival (AOA) of the signal. These directional finders measure the phase in plurality of antennas and calculate the AOA of the signal. The signals in the antennas are added in phase to create azimuth, elevation or both; and based on the signal strengths, the direction of the target is determined]. As to Claim 3. Erad discloses the method of claim 1, wherein the FoV [i.e. Viewing Target within range] determination determines that the target device is inside of the FoV [Sections 0173, 0184, 0196: The description thus far demonstrates how the direction and distance to a single target within (i.e. inside) the communication range can be determined. Determining a range from a target and viewing targets within this range (i.e. FoV). More specifically, the device used to find the relative location between the device and one or more targets within the communication range]. As to Claim 4. Erad discloses the method of claim 3, wherein the at least one action comprises pairing the target device with the UE [Section 0014, 0113: A user may wish to find direction and/or distance and/or height difference from his device to at least one another user in his proximity and establishing direct (i.e. pairing) wireless communication. "Peer-2-peer" refers to a Wireless Communication network between at least 2 wireless devices, which allows wireless devices to directly communicate with each other within range of each other can discover and communicate directly]. As to Claim 5. Erad discloses the method of claim 1, wherein the FoV [i.e. Viewing Target within range] determination determines that the target device is not inside of the FoV [Sections 0196, 0198: The DF may also provide indication that the user moves away from the target in which the measurements show that a target moves. As noted above, the DF can be used for mapping the relative locations between targets displayed to the user]. As to Claim 6. Erad discloses the method of claim 5, wherein the at least one action comprises: prohibiting the UE from pairing with the target device, or prompting the user of the UE to adjust an orientation of the UE, or prompting the user of the UE with one or more alternative target device pairing suggestions, or any combination thereof [Sections 0151, 0185: As the DF may be held with a certain tilt angle with respect to the zenith, the measured elevation angle may be adjusted. Furthermore, the user may block (i.e. prohibit) targets from conducting direct wireless communication with him. Note: The phrases “or” is an alternative language]. As to Claim 7. Erad discloses the method of claim 1, wherein the FoV [i.e. Viewing Target within range] determination is further based on an FoV uncertainty [i.e. possible, most likely] parameter [Sections 0049, 0164, 0180: Preferably, each determination of directions to the target based on the respective attenuations is performed. Possible angles includes selecting/calculating most likely result or probable value. Furthermore, sorting or selection may be performed on any direction and/or distance and/or height difference measurement, or after with filtering parameters to include any type of data and any possible content]. As to Claim 8. Erad discloses the method of claim 1, wherein the first information associated with the first height of the UE is based on a first height estimation calibration procedure performed by a user of the UE, or wherein the second information associated with the second height of the target device is based on a second height estimation calibration procedure performed by a user of the target device, or wherein the second information associated with the second height of the target device is based on computer vision analysis, or wherein the second information associated with the second height of the target device is fixed or pre-determined based on device type or device location, or any combination thereof [Note: The above limitations recites the phrase “or” which is an alternative language and any limitation can be selected. Fig. 29, Sections 0014, 0151, 0154, 0193: By determining height difference between electronic devices, PBS (proximity based services) can be provided, a user find height difference from his device to at least one another user (i.e. target device) in his proximity. As mentioned, the DF determine the direction to targets and the measured elevation angle may be adjusted (i.e. calibrated) and adjusting the measured angle using the tilt angle. When the difference in height is mentioned, it is assumed that the DF includes means of calculating the height difference based on said parameters, using trigonometry. The height difference between the device and said target is calculated (i.e. estimating) and compared]. As to Claim 9. Erad discloses The method of claim 1, wherein the first information comprises the first height or a first pressure measurement, or wherein the second information comprises the second height or a second pressure measurement, or a combination thereof [Sections 0014, 0026, 0176: By determining height difference between electronic devices, PBS (proximity based services) can be provided, a user find height difference from his device to at least one another user (i.e. target device) in his proximity. Display to a user at least one target device that indicates the relative height to the DF. The device determine more than one relative height for the two communicating devices]. As to Claim 10. Erad discloses the method of claim 1, wherein the communications device corresponds to the UE, or wherein the communications device corresponds to the target device, or wherein the communications device corresponds to a network device [Sections 0112, 0176: Mark or target refers to any type mobile device. As noted above, the present invention is adapted for use in mobile devices that can establish direct wireless communication, but not limited to mobile phones, routers, etc]. As to Claim 11. Erad discloses a method of operating a communications device, comprising [Sections 0001, 0018: The present invention relates to a wireless communication source, a system device and method for finding the relative location, direction, distance and elevation difference. Provide a system method and device for determining direction distance and elevation difference of multiple target devices located within the communication range]: prompting a user of a user equipment (UE) [i.e. User] to achieve a target orientation [i.e. position/location/direction] relative to a target device [Sections 0045, 0112, 0117: Preferably, the method is used for determining the distance from the target. A Target mobile device, that a user selects it to be used as a reference for distance from other targets. Gyroscope a mean for measuring orientation, based on the principles of angular momentum; and said Gyroscope can be a component and/or sensor in portable electronic devices (i.e. use device) to detect position]; obtaining pitch [i.e. sensor measurement] measurement [Section 0020: Apply sensors or combinations of sensors for the orientation of the device at the time when the measurement is made] information associated with the UE while the UE is configured with the target orientation [Sections 0014, 0026, 0112, 0117: Common availability of wireless communications which exists in almost any electronic device today, such as sensors, such as accelerometers or Gyroscopes into these devices. Display to a user at least one target device that indicates the relative height to the DF. A Target mobile device, that a user selects it to be used as a reference for distance from other targets. Gyroscope a mean for measuring orientation can be a component and/or sensor in portable electronic devices (i.e. use device) to detect position]; determining an elevation angle between the UE and the target device based on the pitch measurement information [Figs. 15f, 23a-d (Depicts finding of an elevation angle to a target), Section 0014, 0043, 0112: Electronic device uses sensors or gyroscopes for measuring and detection positions. Preferably, the method is further used for finding the elevation angle between the direction finder and the target. A Target mobile device, that a user selects it to be used as a reference for distance from other targets]; determining whether the target device is inside of a field of view (FoV) [i.e. Viewing Target within range] of the UE based on the elevation angle [Sections 0043, 0179, 0184: Method for finding the elevation angle between the direction finder device and the target, performing steps resulting in determination of one or more elevation angles to the target. Targets may be determined within the communication range and monitoring the relative locations of target in comparison to the DF device. Determining a range from a target and viewing targets within this range (i.e. FoV)]; and performing at least one action [i.e. locate targets and/or block targets] based on the FoV determination [Sections 0184, 0185: Determining a range from a target and viewing targets within this range (i.e. FoV). Based on the distances, directions, and elevation differences, for example, a user may now view that his friend (i.e. target) is located 50 m from him to the left, and 15 m left of Starbucks; and furthermore, the user may block targets from conducting direct wireless communication with him]. As to Claim 12. The method of claim 11, wherein the FoV determination is further based on an Azimuth angle of arrival (AoA) associated with one or more signals communicated between the UE and the target device [See Claim 2 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 13. The method of claim 11, wherein the FoV determination determines that the target device is inside of the FoV [See Claim 3 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 14. The method of claim 13, wherein the at least one action comprises pairing the target device with the UE [See Claim 4 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 15. The method of claim 11, wherein the FoV determination determines that the target device is not inside of the FoV [See Claim 5 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 16. The method of claim 15, wherein the at least one action comprises: prohibiting the UE from pairing with the target device, or prompting the user of the UE to adjust an orientation of the UE, or prompting the user of the UE with one or more alternative target device pairing suggestions, or any combination thereof [See Claim 6 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 17. The method of claim 11, wherein the FoV determination is further based on an FoV uncertainty parameter [See Claim 7 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 18. The method of claim 11, wherein the communications device corresponds to the UE, or wherein the communications device corresponds to the target device, or wherein the communications device corresponds to a network device [See Claim 10 rejection because both claims have similar subject matter therefore similar rejection applies herein]. As to Claim 19. Erad discloses a communications device [i.e. DF device, direction finder, electronic device, user, see 0015], comprising: one or more memories [i.e. Recording/Recorder]; one or more transceivers [i.e. Antennas or Wireless Communication Unit]; and one or more processors [i.e. Processing unit] communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to [Sections 0063-0064: The invention also relates to a direction finder for determining the direction to a target, which comprises: (a) a first pair and a second pair of antennas, (b) a wireless communication unit for establishing communication with a target via a wireless communication signal; (c) a controlled attenuator; (d) a hybrid junction; and (e) a processing unit, and recording the attenuation value. The wireless communication unit, controlled attenuator, and hybrid junction are implemented by software]: determine first information associated with a first height of a user equipment (UE); determine second information associated with a second height of a target device [Sections 0014, 0026, 0176: By determining height difference between electronic devices, PBS (proximity based services) can be provided, a user find height difference from his device to at least one another user (i.e. target device) in his proximity. Display to a user at least one target device that indicates the relative height to the DF. The device determine more than one relative height for the two communicating devices]; determine a distance between the UE and the target device [Sections 0045, 0112: Preferably, the method is used for determining the distance from the target. A Target mobile device, that a user selects it to be used as a reference for distance from other targets], determine an elevation angle between the UE and the target device[Section 0043: Preferably, the method is further used for finding the elevation angle between the direction finder and the target] based on the distance and a differential [i.e. difference/height difference] between the first information [i.e. first and second information are heights] and the second information[Figs. 15f, 23a-d (Depicts finding of an elevation angle to a target), Sections 0115, 0154, 0193: Mapping of a set of directions, distances and height differences to Targets from a Direction-Finder and from each such target to the other targets. The elevation angle found between the DF and the target, the distance d to the target can be determined, and based on these parameters, the determination of the difference in height between the DF and the target or calculating height difference based on parameters using trigonometry. The height difference between the device and said target is calculated]; determine whether the target device is inside of a field of view (FoV) [i.e. Viewing Target within range] of the UE based on the elevation angle [Sections 0043, 0179, 0184: Method for finding the elevation angle between the direction finder device and the target, performing steps resulting in determination of one or more elevation angles to the target. Targets may be determined within the communication range and monitoring the relative locations of target in comparison to the DF device. Determining a range from a target and viewing targets within this range (i.e. FoV)]; and perform at least one action [i.e. locate targets and/or block targets] based on the FoV determination [Sections 0184, 0185: Determining a range from a target and viewing targets within this range (i.e. FoV). Based on the distances, directions, and elevation differences, for example, a user may now view that his friend (i.e. target) is located 50 m from him to the left, and 15 m left of Starbucks; and furthermore, the user may block targets from conducting direct wireless communication with him]. As to Claim 20. The communications device of claim 19, wherein the FoV determination is further based on an Azimuth angle of arrival (AoA) associated with one or more signals communicated between the UE and the target device [See Claim 2 rejection because both claims have similar subject matter therefore similar rejection applies herein]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Padaki et al. US 20220057471 in particular Sections [0005] the first location information indicating whether the target device is within a field of view (FoV) of the electronic device [0007] FoV based on location and orientation of the target device. Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm. 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, Chirag G. Shah can be reached at (571)272-3144. 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. January 30, 2026 /JAEL M ULYSSE/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Feb 20, 2024
Application Filed
Jan 30, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
83%
Grant Probability
88%
With Interview (+5.0%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 649 resolved cases by this examiner. Grant probability derived from career allow rate.

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