Prosecution Insights
Last updated: April 19, 2026
Application No. 18/684,326

ASSISTANCE DATA SELECTION

Non-Final OA §102§103
Filed
Feb 16, 2024
Examiner
TALUKDER, MD K
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
645 granted / 808 resolved
+17.8% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
33 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
63.7%
+23.7% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 808 resolved cases

Office Action

§102 §103
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 . 2. It would be of great assistance to the office if all incoming papers pertaining to a filed application carried the following items: i. Application number (checked for accuracy, including series code and serial no.). ii. Group art unit number (copied from most recent Office communication). iii. Filing date. iv. Name of the examiner who prepared the most recent Office action. v. Title of invention. vi. Confirmation number (See MPEP § 503). 3. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. 4. Claim interpretation: When multiple limitations are connected with “OR”, one of the limitations doesn’t have any patentable weight since both of the limitations are optional. Claim Rejection- 35 USC § 102 5. 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 & 11 & 21 are rejected under 35 USC 102 as being clearly anticipated by Chen et al (Pub No. US 2017/0317731). Regarding claim 1, Chen et al discloses a user equipment comprising: a transceiver; a memory; and a processor (Para. 5: Terminal having processor & transceiver & Para. 53: Storage), communicatively coupled to the memory and the transceiver, configured to: obtain a plurality of assistance data sets each indicating a respective plurality of positioning reference signal resources (Para. 43 & 67: Downlink measurement reference signals); and select a desired assistance data set from the plurality of assistance data sets based on positioning performance information (Para. 43 & 67: selecting information for reference signals); wherein the processor is: configured to transmit, via the transceiver, a first positioning reference signal in accordance with the desired assistance data set (Para. 129: transmitting positioning reference signal) & (Fig. 4). Regarding claim 11, Claim 11 corresponds to claim 1 and is analyzed accordingly. Regarding claim 21, Claim 21 corresponds to claim 1 and is analyzed accordingly. Claims 1, 4-8, 11, 14-18, 21, 23-25 & 27-28 are rejected under 35 USC 102 as being clearly anticipated by Xiao et al (Pub No. US 2014/0092844). Regarding claim 1, Xiao et al discloses a user equipment comprising: a transceiver; a memory; and a processor (Para. 74: Processor and storage), communicatively coupled to the memory and the transceiver (Fig. 6: terminal device), configured to: obtain a plurality of assistance data sets each indicating a respective plurality of positioning reference signal resources (Para. 77-78 & 81: terminal performs positioning measurement) & (Fig. 1); and select a desired assistance data set from the plurality of assistance data sets based on positioning performance information (Para. 78 & 83: Selecting support data); wherein the processor is: configured to transmit, via the transceiver, a first positioning reference signal in accordance with the desired assistance data set (Para. 82 & 90: Transmit positioning reference) & (Also see Para. 3). Regarding claim 4 & 14 & 23 & 27, Xiao et al discloses the positioning performance information comprises a positioning accuracy (Para. 21: positioning accuracy). Regarding claim 5 & 15, Xiao et al discloses the processor is further configured to transmit, via the transceiver to a network entity, a capability message indicating independent capabilities of the user equipment to process and store assistance data, and wherein to obtain the plurality of assistance data sets, the processor is configured to receive the plurality of assistance data sets via the transceiver from the network entity in response to the capability message (Para. 21 & 77-80) & (Fig. 2-3). Regarding claim 6 & 16, Xiao et al discloses the positioning performance information comprises a plurality of positioning reference signal resource quantities each indicating a quantity of the respective plurality of positioning reference signal resources of a respective one of the plurality of assistance data sets (Para. 21 & 77-80) & (Fig. 2-3). Regarding claim 7 & 17, Xiao et al discloses the user equipment is a first user equipment, and wherein the positioning performance information comprises a quantity of second user equipments within range of the first user equipment (Abstract & Para. 77-78). Regarding claim 8 & 18, Xiao et al discloses the user equipment is a first user equipment, and wherein the positioning performance information comprises relative alignment between the respective plurality of positioning reference signal resources in each of the plurality of assistance data sets and ON times of a discontinuous reception pattern of a second user equipment within range of the first user equipment (Abstract & Para. 3 & 36 & 77-78). Regarding claim 11, Claim 11 corresponds to claim 1 and is analyzed accordingly. Regarding claim 21, Claim 21 corresponds to claim 1 and is analyzed accordingly. Regarding claim 24 & 28, Xiao et al discloses the processor is configured to identify one or more first assistance data sets of the plurality of assistance data sets for a first positioning technique, to identify one or more second assistance data sets of the plurality of assistance data sets for a second positioning technique that is different from the first positioning technique (Para. 42 & 48: Various position measuring), wherein the indication is a first indication for the one or more first assistance data sets to be used for positioning reference signal transfer by the user equipment for the first positioning technique, and wherein the processor is configured to transmit, via the transceiver, a second indication for the one or more second assistance data sets to be used for positioning reference signal transfer by the user equipment for the second positioning technique (Para. 21 & 77-80) & (Fig. 2-3). Regarding claim 25, Xiao et al discloses an assistance data indicating method comprising: receiving, at a server from a user equipment, positioning reference signal measurement information for a plurality of assistance data sets each corresponding to a respective plurality of positioning reference signal resources (Para. 11 & 77-78 & 81: terminal performs positioning measurement) & (Fig. 3); identifying, at the server, one or more of the plurality of assistance data sets based on the positioning reference signal measurement information and one or more positioning performance criteria (Para. 12: position server select optimal carrier support based on communication criterion & 78 & 83: Selecting support data); and transmitting, from the server, an indication for the one or more of the plurality of assistance data sets to be used for positioning reference signal transfer by the user equipment (Para. 82 & 90 & 93: Transmit positioning reference) & (Also see Para. 3). Claim Rejection- 35 USC § 103 6. 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 of this title, 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. Claims 2, 3, 12, 13, 22 & 26 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (Pub No. US 2014/0092844) and further in view of Li et al (Pub No. 2022/0182864). Regarding claim 2 & 12, Xiao et al is silent regarding the positioning performance information comprises a latency threshold. Li et al discloses the positioning performance information comprises a latency threshold (Para. 125: latency threshold). At the time of filling, it would have been obvious to use latency threshold information to provide better communication between wireless devices. Regarding claim 3 & 13 & 22 & 26, Xiao et al discloses positioning performance information comprises a plurality of measurement times each corresponding to an estimated amount of time for the user equipment to measure the respective plurality of positioning reference signal resources of a respective one of the plurality of assistance data sets (Para. 77-78 & 81). Claims 9 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (Pub No. US 2014/0092844) and further in view of Takeda et al (Pub No. 2022/0240221). Regarding claim 9 & 19, Xiao et al is silent regarding the positioning performance information comprises a measurement gap configuration, a carrier-specific scaling factor, frequency range corresponding to each of the plurality of assistance data sets, an in-device co-existence consideration, a multi-SIM (subscriber identity module) use consideration, an idle mode paging and measurement occasion collision consideration, or any combination of two or more thereof. Takeda et al discloses the positioning performance information comprises a measurement gap configuration, a carrier-specific scaling factor, frequency range corresponding to each of the plurality of assistance data sets, an idle mode paging and measurement occasion collision consideration, or any combination of two or more thereof (Para 119: Frequency position wake up signals & time interval between the wake-up signal and the first associated paging occasion in the configuration of the first wake-up signal). At the time of filling, it would have been obvious to use frequency position information to provide better communication between wireless devices. Claims 10 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (Pub No. US 2014/0092844) and further in view of Cao et al (Pub No. 2023/0354246). Regarding claim 10 & 20, Xiao et al is silent regarding select a plurality of desired assistance data sets from the plurality of assistance data sets based on the positioning performance information and to determine a priority order of the plurality of desired assistance data sets. Cao et al discloses select a plurality of desired assistance data sets from the plurality of assistance data sets based on the positioning performance information and to determine a priority order of the plurality of desired assistance data sets (Para. 32: Positioning performance information and a priority order). At the time of filling, it would have been obvious to use position reference information to provide better communication between wireless devices. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD K TALUKDER whose telephone number is (571)270-3222. The examiner can normally be reached Mon-Thur from 10 am to 6 pm. 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, Wesley Kim can be reached on 571-272-7867. 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. /MD K TALUKDER/ Primary Examiner, Art Unit 2648
Read full office action

Prosecution Timeline

Feb 16, 2024
Application Filed
Jan 26, 2026
Non-Final Rejection — §102, §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

1-2
Expected OA Rounds
80%
Grant Probability
94%
With Interview (+13.8%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 808 resolved cases by this examiner. Grant probability derived from career allow rate.

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