Prosecution Insights
Last updated: October 02, 2026
Application No. 18/702,567

POSITIONING MEASUREMENT PROCEDURE UNDER RRC STATE TRANSITION

Final Rejection §102
Filed
Apr 18, 2024
Priority
Oct 21, 2021 — IN 202141047900 +1 more
Examiner
NGUYEN, HAI V
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
796 granted / 963 resolved
+20.7% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
978
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
41.9%
+1.9% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 963 resolved cases

Office Action

§102
DETAILED ACTION This Office action is in response to the communication received on 16 June 2026. Claims 1-30 are cancelled. Claims 31-42 are presented for examination. Response to Arguments Applicant's arguments filed on 16 June 2026 have been fully considered but they are not persuasive. In the remarks, Applicant argues that: Point (A), the prior art do not disclose the instant claimed elements of “being triggered to transition from RRC1 to a second RRC state (RRC2), wherein RRC1 comprises an RRC_INACTIVE state and RRC2 comprises an RRC_CONNECTED state”; and “in response to the trigger, adapting an ongoing positioning measurement procedure based on one or more rules; wherein the one or more rules comprise continuing the ongoing positioning measurement in RRC1 after the transition to RRC2” in instant independent UE method claim 31 corresponding UE claim 43 (Applicant’s remarks, pages 6, 7). As to point (A), in light of Applicant’s argument regarding to the prior art, HUAWEI, the 35 102 USC rejection is moot and withdrawn. However, Applicant’s response (pages 7, 8) to the 35 USC rejection under the prior art, Sally is not persuasive. In light of instant Figure 4, Sally’s [27], [28], [32] disclose that, “[27] To address these disadvantages, certain example embodiments described herein may eliminate overhead related to positioning functions, as well as additional latency between the RAN and core network during state transitions between RRC_INACTIVE and RRC_CONNECTED, which may decrease power consumption due to reduced signaling overhead. Furthermore, various embodiments may also provide at least one location and/or positioning measurement using early data transmission (EDT), as well as immediately after RRC resumes from a transition from RRC_INACTIVE to RRC_CONNECTED state”, “[28] Furthermore, although an AMF and/or LMF/LMC may be unaware that the UE has been suspended due to low or no unicast activity, the UE may continue to perform positioning estimations and/or measurements during RRC_INACTIVE state. In addition, when performing UE-based positioning methods, the UE may trigger at least one location-based Ax event, such as A1, A2, A3, etc., when operating in a low activity state, such as RRC_INACTIVE, based upon the estimated location. Additionally, a UE may perform positioning measurements without experiencing any measurement gaps during the RRC_ACTIVE state…“. Therefore, the 35 102 rejection with Sally stays as follows: 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)(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 31-42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SAILY et al. US 2022/0299589 A1. As to claim 31, SAILY discloses substantially the invention as claimed, including a method performed by a User Equipment, UE, (Figures 3, the UE 350) for performing positioning measurements, the method comprising: being configured to perform a positioning measurement in a first Radio Resource Control, RRC, state (RRC1) (Figure 3, and associated paragraphs, “in step 323, the UE 350 receives from the Network Entity 360, the at least one RRCConnectionRelease message comprising at least one positioning during an inactive state, such as RRC_INACTIVE state) and additionally the RRCReconfiguration message comprising at least one measurement configuration configured for positioning measurement and/or mobility”, [41]); being triggered to transition from RRC1 (an RRC_INACTIVE, step 325 in Figure 3) to a second RRC state (RRC2) (an RRC_CONNECTED, step 347 in Figure 3), wherein RRC1 comprises an RRC_INACTIVE state and RRC2 comprises an RRC_CONNECTED state (“in step 323, the UE 350 receives from the Network Entity 360, the at least one RRCConnectionRelease message comprising at least one positioning during an inactive state, such as RRC_INACTIVE state) and additionally the RRCReconfiguration message comprising at least one measurement configuration configured for positioning measurement and/or mobility”; the UE 350 receives the at least one location aware trigger from the NE 360 to cause the UE 350 to report, based on at least one positioning method used by the UE 350, at least one UE location and/or at least one UE positioning measurement data. This may be performed during a transition to a connected state, such as RRC_CONNECTED, [41]); in step 333, while in an RRC_INACTIVE STATE, UE 350 may trigger at least one state transition operation to transition to at least ONE CONNECTED STATE, such as RRC_CONNECTED, …, [50];..[56], [27]-[28], [32]); in response to the trigger, adapting (applying or continuing) an ongoing positioning measurement procedure (applying a position measurement procedure # 3) based on one or more rules (Figure 3, one or more the procedure #1, the procedure#2, the procedure#3); wherein the one or more rules comprise continuing the ongoing positioning measurement in RRC1 after the transition to RRC2 (Figures 3, 4, and associated paragraphs, steps 321-347; and [27]-[28], [32]); and performing (reporting) the positioning measurement based on the adapted measurement procedure (Figures 3, 4, and associated paragraphs, steps 321-347). As to claim 32, SAILY discloses, comprising: informing a network node (Figure 3, the Network Entity 360) about the results of the measurement adaptation (Figure 3, and associated paragraphs). As to claim 33, SAILY discloses, wherein the one or more rules are pre-defined and/or configured by the network node (Figures 3-4, and associated paragraphs, [27]-[29]). As to claim 34, SAILY discloses, wherein the one or more rules comprise one or more of: abandoning (stopping) or discarding (stopping) the ongoing positioning measurement in RRC1 after the transition to RRC2; restarting (resuming) the ongoing positioning measurement in RRC1 after the transition to RRC2; and abandoning (stopping) or discarding (stopping) the ongoing positioning measurement in RRC1 after the transition to RRC2 and restarting (resuming) the ongoing positioning measurement in RRC1 after the transition to RRC2 (Figures 1-6, and associated paragraphs, [27]-[32]). As to claim 35, SAILY discloses, further comprising: continuing the ongoing positioning measurement after the transition to RRC2 if the positioning measurement comprises only a downlink measurement component (Figures 1-6, and associated paragraphs, [27]-[31]). As to claim 36, SAILY discloses, further comprising: continuing the ongoing positioning measurement after the transition to RRC2 if the positioning measurement comprises: Reference Signal Time Difference, RSTD, and/or Positioning Reference Signal-Reference Signal Received Power, PRS-RSRP (Figures 3-6, and associated paragraphs, [91]). As to claim 37, SAILY discloses, a method performed by a network node (Figure 3, the Network Entity (NE) 360) for enabling positioning measurements, the method comprising: configuring a User Equipment, UE, (The UE 350) to perform a positioning measurement in a first Radio Resource Control, RRC, state (RRC1) (Figure 3, and associated paragraphs, “in step 323, the Network Entity (NE) 360 transmits to the UE 350, the at least one RRCConnectionRelease message comprising at least one positioning during an inactive state, such as RRC_INACTIVE state) and additionally the RRCReconfiguration message comprising at least one measurement configuration configured for positioning measurement and/or mobility”, [41]); triggering the user equipment to transition from RRC1 (an RRC_INACTIVE, step 325 in Figure 3) to a second RRC state (RRC2) , wherein RRC1 comprises an RRC_INACTIVE state and RRC2 comprises an RRC_CONNECTED state (an RRC_CONNECTED, step 347 in Figure 3; [27]-[28], [32]), in response to the trigger, the user equipment adapting ongoing positioning measurement procedure (applying a position measurement procedure # 3) based on one or more rules (Figure 3, one or more the procedure #1, the procedure#2, the procedure#3), wherein the one or more rules comprise continuing the ongoing positioning measurement in RRC1 after the transition to RRC2 (Figures 3, 4, and associated paragraphs, steps 321-347; [27]-[28], [32]); and receiving the positioning measurement based on the adapted measurement procedure (Figures 3, 4, and associated paragraphs, steps 321-347). As to claim 38, SAILY discloses, further comprising: configuring the user equipment with one or more rules (Figures 3-4, and associated paragraphs, [27]-[29]). As to claim 39, SAILY discloses, comprising: receiving information about the results of the measurement adaptation (Figure 3, and associated paragraphs). As to claim 40, SAILY discloses, wherein the one or more rules comprise one or more of: abandoning (stopping) or discarding (stopping) the ongoing positioning measurement in RRC1 after the transition to RRC2; restarting (resuming) the ongoing positioning measurement in RRC1 after the transition to RRC2; and abandoning (stopping) or discarding (stopping) the ongoing positioning measurement in RRC1 after the transition to RRC2 and restarting (resuming) the ongoing positioning measurement in RRC1 after the transition to RRC2 (Figures 1-6, and associated paragraphs, [27]-[32]). As to claim 41, SAILY discloses, further comprising: continuing the ongoing positioning measurement after the transition to RRC2 if the positioning measurement comprises only a downlink measurement component (Figures 1-6, and associated paragraphs, [27]-[31]). As to claim 42, SAILY discloses, comprising: continuing the ongoing positioning measurement after the transition to RRC2 if the positioning measurement comprises: Reference Signal Time Difference, RSTD, and/or Positioning Reference Signal-Reference Signal Received Power, PRS-RSRP (Figures 3-6, and associated paragraphs, [91]). Claim 43 corresponds to the UE claim of the method claim 31; therefore, it is rejected under the same rationale as in the method claim 31 shown above. Claim 44 corresponds to the Network Device claim of the method claim 37; therefore, it is rejected under the same rationale as in the method claim 37 shown above. The prior art cited in this Office is: SAILY et al. US 2022/0299589 A1. 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 HAI V NGUYEN whose telephone number is (571)272-3901. The examiner can normally be reached M-F 6:00AM -3:30PM. 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, Kevin Pan can be reached at 571-272-7855. 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. /HAI V NGUYEN/Primary Examiner, Art Unit 2649
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Prosecution Timeline

Apr 18, 2024
Application Filed
Mar 20, 2026
Non-Final Rejection mailed — §102
Jun 16, 2026
Response Filed
Aug 11, 2026
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

3-4
Expected OA Rounds
83%
Grant Probability
87%
With Interview (+4.3%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 963 resolved cases by this examiner. Grant probability derived from career allowance rate.

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