Prosecution Insights
Last updated: October 02, 2026
Application No. 18/678,672

POSITIONING METHOD AND COMMUNICATION DEVICE

Final Rejection §112
Filed
May 30, 2024
Priority
Nov 30, 2021 — CN 202111450538.9 +1 more
Examiner
LEE, SIU M
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
985 granted / 1081 resolved
+29.1% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
22 currently pending
Career history
1098
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1081 resolved cases

Office Action

§112
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 . Response to Arguments Applicant’s arguments, see page 13-15, filed on 7/20/2026, with respect to objection to claims 1-19, 35 U.S.C. 102(a)(1) rejection of claims 1-5, 7, 12-16, 20, and 35 U.S.C. 103 rejection of claims 6, 10-11, 17-19 have been fully considered and are persuasive. The objection to claims 1-19, 35 U.S.C. 102(a)(1) rejection of claims 1-5, 7, 12-16, 20, and 35 U.S.C. 103 rejection of claims 6, 10-11, 17-19 has been withdrawn. Claim Objections Claims 2-6, 9-12, 15-16, and 19 are objected to because of the following informalities: (1) Regarding claim 2: Line 6 recites “artificial intelligence network model”; the examiner suggests changing to “the artificial intelligence network model”. Line 8 recites “complexity information of artificial intelligence network model”; the examiner suggests changing to “complexity information of the artificial intelligence network model”. (2) Regarding claim 12: Lines 9-10 recites “whether obtaining or optimizing positioning signal measurement information and/or location information through an artificial intelligence network model or artificial”; the examiner suggests changing to “whether obtaining or optimizing the positioning signal measurement information and/or the location information through an artificial intelligence network model or artificial”. (3) Regarding claim 15: Line 3 recites “positioning signal measurement information of the target terminal”; the examiner suggests changing to “the positioning signal measurement information of the target terminal”. Line 4 recites “location information of the target terminal”; the examiner suggests changing to “the location information of the target terminal”. (4) Regarding claim 16: Line 6 recites “complexity information of the artificial intelligence network model”; the examiner suggests changing to “the complexity information of the artificial intelligence network model”. (5) Regarding claim 19: Line 14 recites “location information of the target terminal”; the examiner suggests changing to “the location information of the target terminal”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 13-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 13: Claims 13 recites the limitation "the first communication device" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 1, 7-8, and 20 are allowed. Claims 2-12 are objected for minor informality, but would be allowable if rewritten to overcome the objections. Regarding claims 1-12: The present invention describes a positioning method, comprising receiving, by a first communication device, first positioning request information; and determining and/or sending, by the first communication device, a target artificial intelligence network model and/or target artificial intelligence network model parameter in response to the first positioning request information, wherein the target artificial intelligence network model is used for obtaining or optimizing positioning signal measurement information of a target terminal and/or location information of the target terminal; wherein the first positioning request information comprises at least one of the following: type information of artificial intelligence network model; wherein the type information of artificial intelligence network model comprises at least one of the following: first type, wherein the first type is terminal location information obtained by the first communication device based on the artificial intelligence network model; or second type, wherein the second type is terminal positioning signal measurement information obtained by the first communication device based on the artificial intelligence network model; or first parameter information, wherein the first parameter information is used for determining input information and/or output information of artificial intelligence network model, or used for determining positioning information reported or fed back; wherein the first parameter information comprises: length of channel impulse response, CIR. The closest prior art, Yerramalli et al. (US 2021/0321221 A1) discloses a similar method of neural network based line of sight detection for positioning, comprising a gNB sending a positioning session initiated message to a UE and the UE 105 configured to respond with a configuration response message including configuration information associated with a NN to use that may comprises UE antenna configuration, phase state PDP, or other information the base station may use to select a NN to use for estimating the LOS delay. In response to receiving the configuration response message, the gNB may determine a neural network (NN) to use and provide the corresponding NN information (e.g., model/algorithm) to the UE in one or more NN information messages 1010. Yerramalli fails to disclose the first communication device receives the first positioning request information; and determining and/or sending, by the first communication device, a target artificial intelligence network model and/or target artificial intelligence network model parameter in response to the first positioning request information; wherein the first positioning request information comprises at least one of the following: type information of artificial intelligence network model; wherein the type information of artificial intelligence network model comprises at least one of the following: first type, wherein the first type is terminal location information obtained by the first communication device based on the artificial intelligence network model; or second type, wherein the second type is terminal positioning signal measurement information obtained by the first communication device based on the artificial intelligence network model; or first parameter information, wherein the first parameter information is used for determining input information and/or output information of artificial intelligence network model, or used for determining positioning information reported or fed back; wherein the first parameter information comprises: length of channel impulse response, CIR. Conclusion THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00. 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, Chieh M Fan can be reached at 571-272-3042. 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. /SIU M LEE/Primary Examiner, Art Unit 2632 8/8/2026
Read full office action

Prosecution Timeline

May 30, 2024
Application Filed
Apr 20, 2026
Non-Final Rejection mailed — §112
Jul 20, 2026
Response Filed
Aug 12, 2026
Final Rejection mailed — §112 (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
91%
Grant Probability
99%
With Interview (+11.0%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1081 resolved cases by this examiner. Grant probability derived from career allowance rate.

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