Prosecution Insights
Last updated: May 29, 2026
Application No. 18/695,990

POSITIONING IN NEW RADIO, NR, SPECTRA AND NR-UNLICENSED, NR-U, SPECTRA

Non-Final OA §102
Filed
Mar 27, 2024
Priority
Oct 01, 2021 — nonprovisional of PCTEP2021077101
Examiner
ELNOUBI, SAID M
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Nokia Technologies Oy
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
307 granted / 417 resolved
+11.6% vs TC avg
Strong +22% interview lift
Without
With
+21.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
18 currently pending
Career history
440
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
92.4%
+52.4% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 417 resolved cases

Office Action

§102
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. Claim(s) 34-53 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US 20180007576 A1). . Regarding claim 34, Lee et al. teach An apparatus (Terminal (UE) 91 in Fig. 9) comprising: at least one processor ([0140] The processor 11, 21); and at least one memory including computer program instructions ([0140] The memory 12, 22 may store a program for processing and controlling the processor 11,); the at least one memory and the computer program instructions configured to, with the at least one processor ([0140] The memory 12, 22 may store a program for processing and controlling the processor 11,), cause the apparatus at least to perform: receiving configuration information ([0128] A terminal 91 may receive PRS (positioning reference signal) related configuration information ) , wherein the configuration information comprises information for configuring a transmission or a reception ([0128] The PRS related configuration information may include information on a subframe at which the PRS is transmitted.), by the apparatus to or from at least one node a Radio Access Network, RAN ([0105] that eNB (s) transmit(s) the PRS and the UE performs positioning related measurement by using the PRS), of a set of Reference Signals, RSs ([0128] The terminal may receive and measure the PRS by using the PRS related configuration information (S920). Then, the terminal may report the measured result of the PRS to a serving base station (S930)); wherein the set of RSs comprises: at least a first RS to be transmitted or received within a first frequency range ([0099] transmitting the PRS may be configured for a specific DL CC (for example, PCell) of the licensed band), and at least a second RS to be transmitted or received within a second frequency range ([0099] and a PRS transmission subframe for some (or all) of DL CCs corresponding to the unlicensed band may be configured); and based at least in part on the configuration information, causing the transmission or the reception of the set of RSs to or from the at least one node of the RAN ([0128] The terminal may receive and measure the PRS by using the PRS related configuration information (S920). Then, the terminal may report the measured result of the PRS to a serving base station (S930). Regarding claim 35, Lee et al. teach The apparatus of claim 34, wherein the at least first RS and/or the at least second RS is at least one selected from a group of: an RS configured for use in determining a position of a User Equipment, UE, of the RAN ([0128] A terminal 91 may receive PRS (positioning reference signal) related configuration information); a downlink, DL, RS; a Positioning Reference Signal, PRS ([0128] the PRS related configuration information); an uplink, UL, RS; and a Sounding Reference Signal, SRS.NC-323189-US-PCT Regarding claim 36, Lee et al. teach The apparatus of claim 34, wherein the first frequency range is within at least one selected from a group of: a frequency range or band licensed for use by the RAN ([0099] transmitting the PRS may be configured for a specific DL CC (for example, PCell) of the licensed band); a frequency range or band of a New Radio, NR, spectrum; a frequency range or band licensed for 5th Generation, 5G, NR; a frequency range or band where access to the frequency range or band is planned and/or cannot be accessed opportunistically; and a frequency range or band where a performance of a Listen Before Talk, LBT, procedure is not required for a transmission therein. Regarding claim 37, Lee et al. teach The apparatus of claim 34, wherein the second frequency range is within at least one selected from a group of: a frequency range or band unlicensed for use by the RAN ([0099] and a PRS transmission subframe for some (or all) of DL CCs corresponding to the unlicensed band may be configured); a frequency range or band of a New Radio Unlicensed, NR-U, spectrum; a frequency range or band not licensed for 5th Generation, 5G, NR; a frequency range or band where access to the frequency range or band is unplanned and/or is accessed opportunistically; and a frequency range or band where a performance of a Listen Before Talk, LBT, protocol is required for a transmission therein. Regarding claim 38, Lee et al. teach The apparatus of claim 34, wherein the configuration information comprises an indication of first information for enabling the apparatus to determine at least one selected from a group of: resources for the at least one first RS and the at least one second RS of the set of RSs; a time, a frequency, a space, and/or a code for use with the at least one first RS and the at least one second RS of the set of RSs; a pattern, a sequence, an order and/or an interleaving of the at least one first RS and the at least one second RS of the set of RSs; a Listen Before Talk, LBT, protocol to implement for the transmission of the at least one second RS of the set of RSs; a number of repetitions of the transmission or reception of the set of RSs; and a periodicity of repetitions of the transmission or reception of the set of RSs ([0078] PRS Periodicity and PRS Subframe offset are determined in accordance with a value of PRS Configuration Index (IPRS). Regarding claim 39, Lee et al. teach The apparatus of claim 34, wherein the configuration information comprises an indication of second information for enabling the apparatus to determine at least one selected from a group of the following parameters to be use for the transmission or reception of the at least first and/or second RS: a sequence type; a carrier frequency; a time offset ([0012] the information on a subframe in which the PRS is transmitted may indicate a period or offset value of a subframe of a licensed band cell to which the PRS is transmitted); a bandwidth; a frequency offset; a repetition pattern; a period; and a comb. Regarding claim 40, Lee et al. teach The apparatus of claim 34, further comprising means for, responsive to receipt of a trigger, causing the transmission or the reception of the set of RSs to or from the at least one node of the RAN in accordance with the configuration information ([0018] receiving a trigger of a transmission of an aperiodic uplink reference signal for positioning in one or more unlicensed band cells from the serving base station). Regarding claim 41, Lee et al. teach A method comprising causing, at least in part, actions that result in: receiving configuration information ([0128] A terminal 91 may receive PRS (positioning reference signal) related configuration information ) , wherein the configuration information comprises information for configuring a transmission or a reception ([0128] The PRS related configuration information may include information on a subframe at which the PRS is transmitted.), by the apparatus to or from at least one node a Radio Access Network, RAN ([0105] that eNB (s) transmit(s) the PRS and the UE performs positioning related measurement by using the PRS), of a set of Reference Signals, RSs ([0128] The terminal may receive and measure the PRS by using the PRS related configuration information (S920). Then, the terminal may report the measured result of the PRS to a serving base station (S930)); wherein the set of RSs comprises: at least a first RS to be transmitted or received within a first frequency range ([0099] transmitting the PRS may be configured for a specific DL CC (for example, PCell) of the licensed band), and at least a second RS to be transmitted or received within a second frequency range ([0099] and a PRS transmission subframe for some (or all) of DL CCs corresponding to the unlicensed band may be configured); and based at least in part on the configuration information, causing the transmission or the reception of the set of RSs to or from the at least one node of the RAN ([0128] The terminal may receive and measure the PRS by using the PRS related configuration information (S920). Then, the terminal may report the measured result of the PRS to a serving base station (S930). Regarding claim 42, Lee et al. teach The method of claim 41, wherein the at least first RS and/ or the at least second RS is at least one selected from a group of: an RS configured for use in determining a position of a User Equipment, UE, of the RAN ([0128] A terminal 91 may receive PRS (positioning reference signal) related configuration information); a downlink, DL, RS; a Positioning Reference Signal, PRS ([0128] the PRS related configuration information); an uplink, UL, RS; and a Sounding Reference Signal, SRS.NC-323189-US-PCT Regarding claim 43, Lee et al. teach The method of claim 41, wherein the first frequency range is within at least one selected from a group of: a frequency range or band licensed for use by the RAN ([0099] transmitting the PRS may be configured for a specific DL CC (for example, PCell) of the licensed band); a frequency range or band of a New Radio, NR, spectrum; a frequency range or band licensed for 5th Generation, 5G, NR; a frequency range or band where access to the frequency range or band is planned and/or cannot be accessed opportunistically; and a frequency range or band where a performance of a Listen Before Talk, LBT, procedure is not required for a transmission therein. Regarding claim 44, Lee et al. teach The method of claim 41, wherein the second frequency range is within at least one selected from a group of: a frequency range or band unlicensed for use by the RAN ([0099] and a PRS transmission subframe for some (or all) of DL CCs corresponding to the unlicensed band may be configured); a frequency range or band of a New Radio Unlicensed, NR-U, spectrum; a frequency range or band not licensed for 5th Generation, 5G, NR; a frequency range or band where access to the frequency range or band is unplanned and/or is accessed opportunistically; and a frequency range or band where a performance of a Listen Before Talk, LBT, protocol is required for a transmission therein. Regarding claim 45, Lee et al. teach The method of claim 41, wherein the configuration information comprises an indication of first information for enabling the apparatus to determine at least one selected from a group of: resources for the at least one first RS and the at least one second RS of the set of RSs; a time, a frequency, a space, and/or a code for use with the at least one first RS and the at least one second RS of the set of RSs; a pattern, a sequence, an order and/or an interleaving of the at least one first RS and the at least one second RS of the set of RSs; a Listen Before Talk, LBT, protocol to implement for the transmission of the at least one second RS of the set of RSs; a number of repetitions of the transmission or reception of the set of RSs; and a periodicity of repetitions of the transmission or reception of the set of RSs ([0078] PRS Periodicity and PRS Subframe offset are determined in accordance with a value of PRS Configuration Index (IPRS). Regarding claim 46, Lee et al. teach The method of claim 41, wherein the configuration information comprises an indication of second information for enabling the apparatus to determine at least one selected from a group of the following parameters to be use for the transmission or reception of the at least first and/or second RS: a sequence type; a carrier frequency; a time offset ([0012] the information on a subframe in which the PRS is transmitted may indicate a period or offset value of a subframe of a licensed band cell to which the PRS is transmitted); a bandwidth; a frequency offset; a repetition pattern; a period; and a comb. Regarding claim 47, Lee et al. teach The method of claim 41, further comprising: responsive to receipt of a trigger, causing the transmission or the reception of the set of RSs to or from the at least one node of the RAN in accordance with the configuration information ([0018] receiving a trigger of a transmission of an aperiodic uplink reference signal for positioning in one or more unlicensed band cells from the serving base station). Regarding claim 48, Lee et al. teach A non-transitory computer readable medium encoded with instructions ([0140] The memory 12, 22 may store a program for processing and controlling the processor 11) that, when performed by at least one processor, causes at least the following to be perform: receiving configuration information ([0128] A terminal 91 may receive PRS (positioning reference signal) related configuration information ) , wherein the configuration information comprises information for configuring a transmission or a reception ([0128] The PRS related configuration information may include information on a subframe at which the PRS is transmitted.), by the apparatus to or from at least one node a Radio Access Network, RAN ([0105] that eNB (s) transmit(s) the PRS and the UE performs positioning related measurement by using the PRS), of a set of Reference Signals, RSs ([0128] The terminal may receive and measure the PRS by using the PRS related configuration information (S920). Then, the terminal may report the measured result of the PRS to a serving base station (S930)); wherein the set of RSs comprises: at least a first RS to be transmitted or received within a first frequency range ([0099] transmitting the PRS may be configured for a specific DL CC (for example, PCell) of the licensed band), and at least a second RS to be transmitted or received within a second frequency range ([0099] and a PRS transmission subframe for some (or all) of DL CCs corresponding to the unlicensed band may be configured); and based at least in part on the configuration information, causing the transmission or the reception of the set of RSs to or from the at least one node of the RAN ([0128] The terminal may receive and measure the PRS by using the PRS related configuration information (S920). Then, the terminal may report the measured result of the PRS to a serving base station (S930). Regarding claim 49, Lee et al. teach The non-transitory computer readable medium of claim 48, wherein the at least first RS and/ or the at least second RS is at least one selected from a group of: an RS configured for use in determining a position of a User Equipment, UE, of the RAN ([0128] A terminal 91 may receive PRS (positioning reference signal) related configuration information); a downlink, DL, RS; a Positioning Reference Signal, PRS ([0128] the PRS related configuration information); an uplink, UL, RS; and a Sounding Reference Signal, SRS.NC-323189-US-PCT Regarding claim 50, Lee et al. teach The non-transitory computer readable medium of claim 48, wherein the first frequency range is within at least one selected from a group of: a frequency range or band licensed for use by the RAN ([0099] transmitting the PRS may be configured for a specific DL CC (for example, PCell) of the licensed band); a frequency range or band of a New Radio, NR, spectrum; a frequency range or band licensed for 5th Generation, 5G, NR; a frequency range or band where access to the frequency range or band is planned and/or cannot be accessed opportunistically; and a frequency range or band where a performance of a Listen Before Talk, LBT, procedure is not required for a transmission therein. Regarding claim 51, Lee et al. teach The non-transitory computer readable medium of claim 48, wherein the second frequency range is within at least one selected from a group of: a frequency range or band unlicensed for use by the RAN ([0099] and a PRS transmission subframe for some (or all) of DL CCs corresponding to the unlicensed band may be configured); a frequency range or band of a New Radio Unlicensed, NR-U, spectrum; a frequency range or band not licensed for 5th Generation, 5G, NR; a frequency range or band where access to the frequency range or band is unplanned and/or is accessed opportunistically; and a frequency range or band where a performance of a Listen Before Talk, LBT, protocol is required for a transmission therein. Regarding claim 52, Lee et al. teach non-transitory computer readable medium of claim 48, wherein the configuration information comprises an indication of first information for enabling the apparatus to determine at least one selected from a group of: resources for the at least one first RS and the at least one second RS of the set of RSs; a time, a frequency, a space, and/or a code for use with the at least one first RS and the at least one second RS of the set of RSs; a pattern, a sequence, an order and/or an interleaving of the at least one first RS and the at least one second RS of the set of RSs; a Listen Before Talk, LBT, protocol to implement for the transmission of the at least one second RS of the set of RSs; a number of repetitions of the transmission or reception of the set of RSs; and a periodicity of repetitions of the transmission or reception of the set of RSs ([0078] PRS Periodicity and PRS Subframe offset are determined in accordance with a value of PRS Configuration Index (IPRS). Regarding claim 53, Lee et al. teach The non-transitory computer readable medium of claim 48, wherein the configuration information comprises an indication of second information for enabling the apparatus to determine at least one selected from a group of the following parameters to be use for the transmission or reception of the at least first and/or second RS: a sequence type; a carrier frequency; a time offset ([0012] the information on a subframe in which the PRS is transmitted may indicate a period or offset value of a subframe of a licensed band cell to which the PRS is transmitted); a bandwidth; a frequency offset; a repetition pattern; a period; and a comb. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAID M ELNOUBI whose telephone number is (571)272-9732. The examiner can normally be reached Monday-Friday 9:30AM to 6:00PM ET. 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, Kathy Wang-Hurst can be reached at 571-270-5371. 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. /SAID M ELNOUBI/ Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Mar 27, 2024
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §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
74%
Grant Probability
95%
With Interview (+21.8%)
2y 5m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 417 resolved cases by this examiner. Grant probability derived from career allowance rate.

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