Prosecution Insights
Last updated: July 17, 2026
Application No. 18/715,869

APPARATUS, METHODS, AND COMPUTER PROGRAMS

Non-Final OA §102§103§112
Filed
Jun 03, 2024
Priority
Dec 03, 2021 — nonprovisional of PCTEP2021084209
Examiner
LAFONTANT, GARY
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Nokia Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
340 granted / 465 resolved
+11.1% vs TC avg
Minimal +1% lift
Without
With
+1.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§102 §103 §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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): 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. Claims 22-24 are rejected under 35 U.S.C. 112(b), 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. A) Claims 22 recites: “receive second soft positioning information from the second apparatus; and generate the first soft positioning information by modifying soft positioning information derived independently using said first positioning measurements using the second soft positioning information”. First soft positioning information has already been generated and provided. There should be another term for characterizing this new first soft positioning information. What does “soft positioning information derived independently” means? There should be the term “ and” between the following terms: “using said first positioning measurements (and) using the second soft positioning information” The applicant is advised to rewrite the above claim in order to clearly state the functionalities of the apparatus. Claim 23 dependent of claim 22 is also rejected under the 112th(b). B) Clam 24 recites : “The apparatus as claimed in claim 21, wherein the computer program when executed by a processor, the apparatus is caused to: determine the relative locations of the first and/or second apparatus; and provide the determined relative locations to the location function.” How to determine the relative position between first apparatus and first apparatus, since claim 21 recites : “An apparatus as a first apparatus for communication…” Is either the relative position is between first and second apparatus or the apparatus on claim 21 if different than first apparatus, the apparatus term needs to be well characterized, (First, second, third….ect) at the beginning of the parent claim. Note: Even though some claims are rejected under 112th(b), some if possible will be analyzed as per examiner own interpretation. 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. Claim(s) 21-24, 27, 28 and 37 are rejected under 35 U.S.C. 103 as being unpatentable by Prakash (US 2021/0329584 A1). Regarding Claim 21, 37 Prakash discloses an apparatus (Fig.10(102s)) as a first apparatus for communication (See Fig.3(102); base station communicate with UE), the apparatus comprising a computer program (See [0069-0070]; instructions to execute) stored in a memory (Fig.3(342)), wherein the computer program (See [0069-0070]; instructions to execute) when executed by a processor (Fig.3(340)), the apparatus is caused to: perform first positioning measurements (See [0124]; At stages 7b the base station 102s may perform positioning measurements using received UL PRS) using beamforming (See [0054-0055]; UE 104 also may transmit a beamformed signal to the base station 180 in one or more transmit directions) on transmissions made (See [0122]; the UE 104 may transmit UL PRS,) by a first user equipment (Fig.10(104)) to obtain first soft positioning information relating to the location of the first user equipment (See [0124]; The base stations 102 may perform positioning methods such as time of arrival (TOA), reference signal received power (RSRP), time difference between reception and transmission of signals (Rx-Tx), etc.); and provide the first soft positioning information (See [0069]; [0128]; the base stations 102 may transmit a location information report) to a location function located in a core network (See Fig.1(196); Fig.10(1002); [0058]; [0069]; [0087]; [0128]; base station transmitting location data to LMF in core network) But Prakash fails to explicitly recite to provide the first soft positioning information to at least one of a second apparatus However Prakash teaches about base stations communication between each other (See [0047]; [0118]; [0126]). Base stations can also communicate with UE and with location sever wherein position information can be shared. Therefore it would have been obvious that by association that base stations can also share position information obtained from other devices among each other. Regarding Claim 22, Prakash teaches all the features with respect to claim 21 and Prakash further teaches receive second soft positioning information from the second apparatus (See [0047]; [0118]; [0126]; fist apparatus can receive position information from second apparatus indirectly). ; and generate the first soft positioning information (See [0047]; [0118]; [0124]; [0126]; first base station generate position information) by modifying soft positioning information derived independently (See [0124]; first base station generate position information according to ULPRS) using said first positioning measurements using the second soft positioning information (See [0127]; [0129]; update position information can be derived from multiple sources and shared in the network) . Regarding Claim 23, Prakash teaches all the features with respect to claim 22 and Prakash further teaches determine the relative locations of the first and/or second apparatus (See [0118]; [0126]; first base station can derived relative location with other base station according to information receive from location server or UE); and generate the first soft positioning information (See [0047]; [0118]; [0124]; [0126]; first base station generate position information according to assistance information received from location server) using said determined relative locations of the first and/or second apparatus (See [0118]; [0126]; first base station can derived relative location with other base station according to information receive from location server or UE); Regarding Claim 24, Prakash teaches all the features with respect to claim 21 and Prakash further teaches determine the relative locations of the first and/or second apparatus (See [0118]; [0126]; first base station can derived relative location with other base station according to information receive from location server or UE); and provide the determined relative locations to the location function (See [0047]; [0118]; [0124]; [0126]; location server send relative location to bases stations as assistance data) . Regarding Claim 27, Prakash teaches all the features with respect to claim 21 and Prakash further teaches receive, from the location function (Fig.10(1002)), an instruction (See [0119]; location server 1002, via serving base station 102s, sends a location request message to the UE 104, e.g., requesting a location of the UE) to obtain soft positioning measurements in respect of the first user equipment (See [0119]; location server 1002, via serving base station 102s, sends a location request message to the UE 104, e.g., requesting a location of the UE) before said providing the first positioning measurements (See [0069]; [0128]; the base stations 102 may transmit a location information report to the location server after receiving request from LMF). Regarding Claim 28, Prakash teaches all the features with respect to claim 21 and Prakash further teaches receive, from the location function and/or a coordinating access point (Fig.10(1002); Location Server), a configuration for obtaining the first positioning measurements (See [0119-0120]; [0126]; location server 1002 may provide assistance data to the base station to send DL PRS to UE and at specific time points). Claim(s) 25, 26 and 33 are rejected under 35 U.S.C. 103 as being unpatentable by Prakash (US 2021/0329584 A1) in view of Wang (US 2024/0154646 A1). Regarding Claim 25, Prakash teaches all the features with respect to claim 21 But Prakash further teaches provide, to the location function, an indication of an identifier associated with a parameter vector for generating a beamforming pattern or patterns on which the first positioning measurements are based, However in an analogous art, Wang teaches about a base station that store beam sweeping codebook information for implementing multiple surface configuration (See [0032]; [0038]). Prakash and Wang are analogous art because they all pertain to wireless communication technology. Prakash teaches about acquiring UE location using base station and UE signal measurement to be transmitted to a LMF. Wang teaches about a base station that store beam sweeping codebook information for implementing multiple surface configuration. Prakash could Wang features in order to inform the location server about the different beam signal configuration that each base station can apply for sending signals to a UE in order to get positioning measurements. Therefore it would have been obvious to one of ordinary skill at the time of the filing of the claim application to combine Prakash and Wang as to obtain an efficient wireless technology positioning system. Regarding Claim 26, Prakash and Wang teach all the features with respect to claim 25 and Wang further teaches wherein the identifier comprises an identifier of a circular shift of a root sequence used for obtaining a codebook on which the first positioning measurements are based (See [0052-0053]; codebook identifies the different direction and angle position that a beam can be transmitted through increment shifting). Regarding Claim 33, Prakash teaches all the features with respect to claim 29 But Prakash further teaches receive, from the first apparatus, an indication of an identifier associated with a parameter vector for generating a beamforming pattern or patterns on which the first positioning measurements are based. However in an analogous art, Wang teaches about a base station that store beam sweeping codebook information for implementing multiple surface configuration (See [0032]; [0038]). Prakash and Wang are analogous art because they all pertain to wireless communication technology. Prakash teaches about acquiring UE location using base station and UE signal measurement to be transmitted to a LMF. Wang teaches about a base station that store beam sweeping codebook information for implementing multiple surface configuration. Prakash could Wang features in order to inform the location server about the different beam signal configuration that each base station can apply for sending signals to a UE in order to get positioning measurements. Therefore it would have been obvious to one of ordinary skill at the time of the filing of the claim application to combine Prakash and Wang as to obtain an efficient wireless technology positioning system. 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 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. Claim(s) 29-32 and 34-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prakash (US 2021/0329584 A1). Regarding Claim 29, Prakash discloses an apparatus for a location function (See Fig.10(1002); Location Server), the apparatus comprising a computer program stored in a memory (See Fig.16(1604); [0206-0207]; memory), wherein the computer program (See [0206-0027]; comprises software that execute) when executed by a processor (See Fig.16(1602); [0206-0207]; processor), the apparatus is caused to: receive, from a first apparatus (Fig.10(102s)), first soft positioning information relating to positioning measurements (See [0069]; [0128]; the base stations 102 may transmit a location information report) performed by said first apparatus (Fig.10(102s)), wherein the first soft positioning information relates to a location of a first user equipment measurements (See [0124]; At stages 7b the base station 102s may perform positioning measurements of UE using received UL PRS); and determine the location of the first user equipment (See [0129]; the location server 1002 may determine a position estimate for the UE 104 based on positioning measurements received in the location information reports) using a determined location of the first apparatus (See [0118]; [0126]; LMF received position information of Base Stations) in combination with the first soft positioning information (See [0128]; each base station sends estimated position information to LMF). Regarding Claim 30, Prakash teaches all the features with respect to claim 29 and Prakash further teaches wherein the first soft positioning information (See [0047]; [0118]; [0124]; [0126]; first base station generate position information) comprises second soft positioning information relating (See [0047]; [0118]; [0124]; second position information is transmitted to UE and location server where measurement information is shared between communication devices) to positioning information measurements (See [0124]; position measurements is taking over times into considerations) performed by a second apparatus (Fig.1000(102n). Regarding Claim 31, Prakash teaches all the features with respect to claim 29 and Prakash further teaches receive, from a second apparatus, second soft positioning information relating to positioning measurements performed by said second apparatus (See [0047]; [0118]; [0124]; [0126]; second base station generate position information to be transmitted to LMF), wherein the second soft positioning information relates to a location of a first user equipment (See [0124]; At stages 7b and 7c, the base stations 102 may perform positioning measurements using received UL PRS); wherein said determining the location of the first user equipment (See [0126]; location estimate of UE) is further performed using a determined location of the second apparatus (See [0118]; [0126]; location server provide assistance data such all base stations location to network devices) in combination with the second soft positioning information (See [0124]; with different base station ULPRS calculation). Regarding Claim 32, Prakash teaches all the features with respect to claim 29 and Prakash further teaches receive at least one of a location of the first apparatus and/or a location of the second apparatus (See [0118]; [0126]; LMF received position information of base stations). Regarding Claim 34, Prakash teaches all the features with respect to claim 29 and Prakash further teaches signal, to the first apparatus equipment (See [0118-0120]; request configuration information from base stations) before said first positioning measurements are received (See [0127-0128]; location measurements transmitted to LMF), an instruction to obtain soft positioning measurements in respect of the first user (See [0118-0120]; request configuration information and location request from base stations) . Regarding Claim 35, Prakash teaches all the features with respect to claim 29 and Prakash further teaches transmit, to the first apparatus (See [0118-0120]; request configuration information from base stations) before the first positioning measurements are received (See [0127-0128]; location measurements transmitted to LMF), a configuration for obtaining the first positioning measurements (See [0118-0120]; base stations provide configurations)) . Regarding Claim 36, Prakash teaches all the features with respect to claim 21 and Prakash further teaches wherein at least one of the first (Fig.10(102s)) and/or second apparatus (Fig.10(102n)) is an access point (See Fig.1000(102x); Base stations) and/or a user equipment (Fig.10(104)). Note: Significant prior art no used in this rejection describing beamforming position issues: Grossman (US 2023/0421220 A1) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY LAFONTANT whose telephone number is (571)272-3037. The examiner can normally be reached 10:00AM -6:00PM. 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, Jeanette Parker can be reached at 571-2703647. 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. /GARY LAFONTANT/Primary Examiner, Art Unit 2646
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Prosecution Timeline

Jun 03, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §102, §103, §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

1-2
Expected OA Rounds
73%
Grant Probability
74%
With Interview (+1.0%)
2y 5m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

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