Prosecution Insights
Last updated: August 17, 2026
Application No. 18/681,434

CONDITIONS RELATED TO POSITIONING REFERENCE SIGNALS (PRS) FOR PERFORMING PROCESSING WITHOUT MEASUREMENT GAPS

Non-Final OA §102§103
Filed
Feb 05, 2024
Priority
Sep 16, 2021 — IN 202141041919 +1 more
Examiner
YANG, ZHAOHUI
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
286 granted / 399 resolved
+13.7% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
20 currently pending
Career history
445
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
66.0%
+26.0% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 399 resolved cases

Office Action

§102 §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 § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 30-36 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Munier; Florent et al. US PGPUB 20240243876 A1, supported by provisional application 63/187,205, filed on 5/11/2021. Regarding claim 30. Munier teaches A user equipment (UE), comprising: a memory; at least one transceiver; and at least one processor communicatively coupled to the memory and the at least one transceiver, (Fig. 8, UE Processing Circuitry 202, transceiver 212 and memory 210) the at least one processor configured to: receive, via the at least one transceiver, positioning reference signal (PRS) resources of a PRS instance; ([0100] In one proposed solution, a rule can be defined such that a UE can measure/process a DL PRS without configuration of measurement gaps when the DL PRS is received from a serving cell of the UE. In addition, another condition that may be applicable is that the UE can measure/process a DL PRS with configuration of measurement gaps when the bandwidth of the DL PRS is within the active BWP. Supported by provisional application ‘205 [0094] ) receive, via the at least one transceiver, at least one symbol of a high priority downlink channel ([0101] When the DL PRS is received without configuration of measurement gaps, the following example solutions are considered to handle collision with PDSCH and CSI-RS) scheduled during a PRS processing window for the PRS instance, ([0129] In one embodiment, a priority indicator field can be introduced in the DL DCI (e.g. either DL DCI format 1_1 or DL DCI format 1_2) to indicate the priority of dynamically scheduled PDSCH with respect to a colliding DL PRS supported by ‘205 [0125].) wherein the high priority downlink channel is determined to have high priority based on the high priority downlink channel being associated with a high priority uplink channel; ([0129] In this case, the UE would receive/process the PDSCH and drop the instance of the colliding DL PRS. Supported by ‘205 [0125]) and refrain from processing the PRS resources of the PRS instance during the PRS processing window ([0129] In this case, the UE would receive/process the PDSCH and drop the instance of the colliding DL PRS. Supported by ‘205 [0125]) based on one or more conditions related to prioritizing PRS processing, ([0131] a PDSCH carrying URLLC (ultra-reliable low latency communication) data may be higher priority than a positioning measurement on DL PRS. Supported by ‘205 [0127] ) wherein the one or more conditions indicate that the UE does not expect to process the PRS resources of the PRS instance during the PRS processing window based on the at least one symbol of the high priority downlink channel being scheduled during the PRS processing window. ([0129] If the priority indicator bit indicates a first value (e.g. “1”), then the reception of dynamically scheduled PDSCH is prioritized over the reception/processing of a colliding DL PRS. In this case, the UE would receive/process the PDSCH and drop the instance of the colliding DL PRS. Supported by ‘205 [0125]) Regarding claim 31. Munier teaches The UE of claim 30, wherein: the high priority downlink channel comprises a physical downlink shared channel (PDSCH), the PDSCH is scheduled by a downlink grant that points to the high priority uplink channel, and the high priority uplink channel comprises an acknowledgment resource that is indicated as having high priority. ([0123] collisions between DL PRS and the following channels/signals may in some embodiments be avoided by scheduling: [0124] dynamically scheduled PDSCH (PDSCH with dynamic grant scheduled via a DL DCI scrambled with C-RNTI) [0125] PDCCH [0126] PT-RS [0127] Aperiodic CSI-RS Supported by ‘205 [0119[-[0123]) Regarding claim 32. Munier teaches The UE of claim 30, wherein: the high priority downlink channel comprises a semi-persistent downlink channel. ([0133] If the PDSCH is a downlink semi-persistent transmission configured by the SPS-Config information element in 3GPP TS 38.331 v 16.4.1, then in one embodiment, a higher layer parameter (e.g. RRC parameter) can be configured per SPS-Config information element to indicate the priority of SPS (semi-persistently scheduled) PDSCH over a colliding DL PRS. Supported by ‘205 [0129]) Regarding claim 33. Munier teaches The UE of claim 30, wherein: the high priority downlink channel comprises a channel state information reference signal (CSI-RS), the high priority uplink channel is allocated to carry a CSI report based on the CSI-RS, and the CSI report is indicated as having high priority. ([0123] In a scenario where gapless measurements of DL PRS is allowed when the DL PRS is transmitted by a TRP belonging to a serving cell of the UE, collisions between DL PRS and the following channels/signals may in some embodiments be avoided by scheduling: [0124] dynamically scheduled PDSCH (PDSCH with dynamic grant scheduled via a DL DCI scrambled with C-RNTI) [0125] PDCCH [0126] PT-RS [0127] Aperiodic CSI-RS Supported by ‘205 [0119]) Regarding claim 34. Munier teaches The UE of claim 33, wherein the CSI-RS comprises aperiodic CSI-RS, semi-persistent CSI-RS, or periodic CSI-RS. ([0123] In a scenario where gapless measurements of DL PRS is allowed when the DL PRS is transmitted by a TRP belonging to a serving cell of the UE, collisions between DL PRS and the following channels/signals may in some embodiments be avoided by scheduling: [0124] dynamically scheduled PDSCH (PDSCH with dynamic grant scheduled via a DL DCI scrambled with C-RNTI) [0125] PDCCH [0126] PT-RS [0127] Aperiodic CSI-RS Supported by ‘205 [0119]) Regarding claim 35. Munier teaches The UE of claim 30, wherein: the high priority downlink channel is on the same component carrier as the PRS resources of the PRS instance, or the high priority downlink channel is on a different component carrier from the PRS resources of the PRS instance. ([0112] In order to avoid collision between data and a PRS, the TRP transmitting the DL PRS must be under control of the scheduler (e.g. the TRP transmitting the DL PRS must be under a serving cell). This is the case for any of the UEs serving cell, i.e. any cells where the UE could expect data traffic via scheduling in single carrier, carrier aggregation, or multi-TRP operation. Supported by ‘205 [0107]) Regarding claim 36. Munier teaches The UE of claim 30, wherein the at least one processor is further configured to: transmit, via the at least one transceiver, a capability message to a network entity, the capability message including one or more capability parameters indicating the one or more conditions related to prioritizing PRS. ([0122] Further, a UE can signal a capability for processing DL PRS transmitted from a serving cell without configuration of measurement gap(s). If the UE signals this capability and if the UE is configured by the gNB, the UE can process DL PRS without configuration of measurement gap in its active DL BWP. Supported by ‘205 [0112]) 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 39-42 and 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over Munier, in view of QI; Yinan US PGPUB 20210167925 A1 Regarding claim 39. Munier teaches A user equipment (UE), comprising: a memory; at least one transceiver; and at least one processor communicatively coupled to the memory and the at least one transceiver, (Fig. 8, UE Processing Circuitry 202, transceiver 212 and memory 210) the at least one processor configured to: receive, via the at least one transceiver, positioning reference signal (PRS) resources of a PRS instance; ([0100] In one proposed solution, a rule can be defined such that a UE can measure/process a DL PRS without configuration of measurement gaps when the DL PRS is received from a serving cell of the UE. In addition, another condition that may be applicable is that the UE can measure/process a DL PRS with configuration of measurement gaps when the bandwidth of the DL PRS is within the active BWP. Supported by provisional application ‘205 [0094] ) receive, via the at least one transceiver, PDCCH during a PRS processing window for the PRS instance, wherein the PDCCH is determined to have high priority based on PDCCH being expected to include a grant for a downlink channel associated with a high priority uplink channel; ([0101] When the DL PRS is received without configuration of measurement gaps, the following example solutions are considered to handle collision with PDSCH and CSI-RS) scheduled during a PRS processing window for the PRS instance, ([0129] In one embodiment, a priority indicator field can be introduced in the DL DCI (e.g. either DL DCI format 1_1 or DL DCI format 1_2) to indicate the priority of dynamically scheduled PDSCH with respect to a colliding DL PRS supported by ‘205 [0125].) and refrain from processing the PRS resources of the PRS instance during the PRS processing window based on one or more conditions related to prioritizing PRS processing, wherein the one or more conditions indicate that the UE does not expect to process the PRS resources of the PRS instance during the PRS processing window based on PDCCH being scheduled during the PRS processing window. . ([0129] If the priority indicator bit indicates a first value (e.g. “1”), then the reception of dynamically scheduled PDSCH is prioritized over the reception/processing of a colliding DL PRS. In this case, the UE would receive/process the PDSCH and drop the instance of the colliding DL PRS. Supported by ‘205 [0125]) Munier does not teach PDCCH being at least one symbol of a control resource set (CORESET) However, Qi teaches PDCCH being at least one symbol of a control resource set (CORESET) ([0092] In order to avoid collision with CORESET/PDCCH, the following alternatives can be considered: [0093] 1: No PRS for the first N symbols that may be occupied by CORESET even though the CORESET may not occupy the whole bandwidth. Note that N is either fixed to equal the maximum number of symbols occupied by CORESET or it can be implicitly derived from RRC configuration by the UE and, thus, variable; ) In order to improve the accuracy of wireless positioning by avoiding collision between PRS and coreset/pdcch ([0010]) Munier and Qi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Munier with the technique of collision avoidance in Qi in order to improve the accuracy of wireless positioning. Regarding claim 40. Munier and Qi teach The UE of claim 39, Munier teaches wherein: the downlink channel comprises a physical downlink shared channel (PDSCH), and the high priority uplink channel comprises an acknowledgment resource that is indicated as having high priority. ([0123] collisions between DL PRS and the following channels/signals may in some embodiments be avoided by scheduling: [0124] dynamically scheduled PDSCH (PDSCH with dynamic grant scheduled via a DL DCI scrambled with C-RNTI) [0125] PDCCH [0126] PT-RS [0127] Aperiodic CSI-RS Supported by ‘205 [0119[-[0123]) Regarding claim 41. Munier and Qi teach The UE of claim 39, Qi teaches wherein: the CORESET is on the same component carrier as the PRS resources of the PRS instance, or the CORESET is on a different component carrier from the PRS resources of the PRS instance. ([0029] In an embodiment, positioning reference signals are configured around a DC tone, based upon either Component Carrier, CC, centre or per Bandwidth Part, BWP.) Regarding claim 42. Munier and Qi teach The UE of claim 39, Munier teaches wherein the at least one processor is further configured to: transmit, via the at least one transceiver, a capability message to a network entity, the capability message including one or more capability parameters indicating the one or more conditions related to prioritizing PRS. ([0122] Further, a UE can signal a capability for processing DL PRS transmitted from a serving cell without configuration of measurement gap(s). If the UE signals this capability and if the UE is configured by the gNB, the UE can process DL PRS without configuration of measurement gap in its active DL BWP. Supported by ‘205 [0112]) Regarding claim 44. Munier and Qi teaches The UE of claim 39, wherein the PRS instance comprises one or more repetitions of: all PRS resources of a positioning frequency layer, all PRS resources of a PRS resource set, or one or more PRS resources. Regarding claim 45. Munier and Qi teaches The UE of claim 39, Munier teaches wherein: the downlink channel comprises a channel state information reference signal (CSI-RS), and the high priority uplink channel comprises a physical uplink control channel (PUCCH) resource or a physical uplink shared channel (PUSCH) resource that is indicated as having high priority and is allocated to include a CSI report derived based on the CSI-RS. (([0101] When the DL PRS is received without configuration of measurement gaps, the following example solutions are considered to handle collision with PDSCH and CSI-RS)) ([0100] In one proposed solution, a rule can be defined such that a UE can measure/process a DL PRS without configuration of measurement gaps when the DL PRS is received from a serving cell of the UE. In addition, another condition that may be applicable is that the UE can measure/process a DL PRS with configuration of measurement gaps when the bandwidth of the DL PRS is within the active BWP. Supported by provisional application ‘205 [0094] ) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHAOHUI YANG whose telephone number is (571)270-7527. The examiner can normally be reached 9 AM to 5 PM M-F. 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, Marcus Smith can be reached at 571 270-1096. 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. /ZHAOHUI YANG/Examiner, Art Unit 2468 /Thomas R Cairns/Primary Examiner, Art Unit 2468
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Prosecution Timeline

Feb 05, 2024
Application Filed
Jul 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
83%
With Interview (+11.4%)
3y 1m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 399 resolved cases by this examiner. Grant probability derived from career allowance rate.

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