Prosecution Insights
Last updated: April 19, 2026
Application No. 18/717,305

POSITIONING DEVICE AND POSITIONING METHOD

Non-Final OA §102§103
Filed
Jun 06, 2024
Examiner
ABRAHAM, JOHN BISHOY SAM
Art Unit
3646
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
LG Innotek Co., Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
5 granted / 7 resolved
+19.4% vs TC avg
Strong +40% interview lift
Without
With
+40.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
37 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§101
13.7%
-26.3% vs TC avg
§103
44.1%
+4.1% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 7 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/06/2024 and 12/17/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 27 is objected to because of the following informalities: In claim 27, line 1, “The positioning method of claim 21” should read “The positioning method of claim 22” Appropriate correction is required. 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)(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. Claim(s) 11, 17-18, 22-23 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh US (20130093618). Regarding claim 11, Oh discloses a positioning device comprising: a communication unit configured to receive a position information message including position information of an external device from the external device (Fig. 1, V2V communication unit 20); a first positioning unit configured to generate first positioning information including at least one of global navigation satellite system (GNSS) coordinate information and information about a distance to the external device ([0028] In addition, the reference numeral 40 denotes a control unit which is configured to compare and calculate information output from the GPS reception unit 10, information output from the V2V communication unit 20, and information output from the sensor 30 to calculate a correction position of a vehicle and correction accuracy.); and a second positioning unit configured to generate second positioning information using the position information of the external device message and the first positioning information ([0029] In FIG. 1, the reference numeral 50 denotes the DGPS error adjustment unit which corrects an error of the DGPS correction data received from the RSU unit or another vehicle based on information for the correction position of the vehicle calculated by the control unit 40 and outputs the error-corrected DGPS correction data.), wherein the position information message is a broadcast message, wherein the position information of the external device includes real time kinematics (RTK) positioning information obtained by correcting GNSS coordinates of the external device with an RTK correction signal ([0007] To supplement the known errors from the data received by the GPS satellite, a differential global positioning system real time kinematics (DGPS-RTKs) (hereinafter, referred to as `DGPSs`)), wherein the external device is configured to be mounted on a first moving object, and wherein the positioning device is configured to be mounted on a second moving object ([0035] Furthermore, it is possible to transmit and receive the position correction data calculated by the above-described process through V2V communication to obtain an effect of expanding a DGPS service coverage as shown in FIG. 3.). Regarding claim 17, Oh discloses the positioning device of claim 11, accordingly the rejection of claim 11 above is incorporated. Oh further discloses wherein the first positioning unit includes at least one of a lidar sensor and a radar sensor that detect a distance to the external device ([0027] The reference numeral 30 denotes a sensor in which a position or distance measurement device such as a laser sensor, a radar or an image sensor is embodied and which detects position information such as a distance between his/her vehicle and neighboring vehicles within the communication coverage.). Regarding claim 18, Oh discloses the positioning device of claim 11, accordingly the rejection of claim 11 above is incorporated. Oh further discloses the communication unit is a vehicle-to-everything (V2X) communication module ([0034] and allows the error-adjusted DGPS correction data to be transmitted through the V2X communication unit 20 so as to be used as the DGPS correction data the DGPS correction data having higher accuracy.). Regarding claim 22, Oh discloses a positioning method of a positioning system, comprising: transmitting, by a first device configured to be mounted on a first moving object, a position information message including real time kinematics (RTK) positioning information obtained by correcting global navigation satellite system (GNSS) coordinates of the first device with an RTK correction signal ([0033] Subsequently, the control unit 40 checks whether the position accuracy calculated as the process result in step ST23 is greater than the predetermined threshold value (ST24), determines that the DGPS correction data is within a reliable level (predetermined by the manufacture), converts an operation mode into a mobile base station mode (ST25) according to a determination result, and controls the V2V communication unit 20 to transmit the DGPS correction data (ST26).); receiving, by a second device configured to be mounted on a second moving object, the position information message from the first device ([0027] The reference numeral 20 denotes a V2V communication unit which transmits/receives the DGPS correction data, while communicating with a roadside unit (RSU) or vehicles within a communication coverage area.); generating, by the second device, first positioning information including at least one of GNSS coordinate information of the second device and information about a distance to the first device ([0032] the control unit 40 of FIG. 1 executes correction for the GPS data received through the GPS reception unit 10 based on the received DGPS correction data (ST21), receives information for a distance to neighboring another vehicle within the communication coverage and a relative position from the sensor 30 (ST22), and then calculates a correction position of the vehicle and accuracy of the correction data (position accuracy) based on the information received (ST23).); and generating, by the second device, second positioning information of the second device using the position information message and the first positioning information ([0034] In addition, to improve the accuracy of the DGPS correction data, the control unit 40 controls the DGPS error adjustment unit 50 to execute the error adjustment for the DGPS correction data based on an output value of the sensor 30,). Regarding claim 23, Oh discloses the positioning method of claim 22, accordingly the rejection of claim 22 above is incorporated. Oh further discloses transmitting, by the second device, the position information message to a third device configured to be mounted on a third moving object ([0035] Furthermore, it is possible to transmit and receive the position correction data calculated by the above-described process through V2V communication to obtain an effect of expanding a DGPS service coverage as shown in FIG. 3.). Regarding claim 25, Oh discloses the positioning method of claim 22, accordingly the rejection of claim 22 above is incorporated. Oh further discloses generating, by the second device, a positioning information message including the second positioning information of the second device; and transmitting, by the second device, the positioning information message to a third device configured to be mounted on a third moving object ([0034] In addition, to improve the accuracy of the DGPS correction data, the control unit 40 controls the DGPS error adjustment unit 50 to execute the error adjustment for the DGPS correction data based on an output value of the sensor 30, and allows the error-adjusted DGPS correction data to be transmitted through the V2X communication unit 20 so as to be used as the DGPS correction data the DGPS correction data having higher accuracy.). 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. Claim(s) 12-16, 21, 27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Oh in view of Dai (US 20150185331). Regarding 12, Oh discloses the positioning device of claim 11, accordingly the rejection of claim 11 above is incorporated. Oh fails to explicitly disclose the position information message further includes at least one of identification information of the first moving object, speed information of the first moving object, and generation time information of the position information, and the second positioning unit further uses at least one of the identification information of the first moving object, the speed information of the first moving object, the generation time information of the position information, and speed information of the second moving object to generate the second positioning information. However, Dai teaches a positioning system with a mobile RTK base station (Abstract, a moving object receives mobile base data from a mobile base station, the received mobile base data including satellite measurement data of the mobile base station, the satellite measurement data of the mobile base station including code measurements and carrier phase measurements for the plurality of satellites, and position-related information of the mobile base station.) where the position information message further includes at least one of identification information of the first moving object, speed information of the first moving object, and generation time information of the position information, and the second positioning unit further uses at least one of the identification information of the first moving object, the speed information of the first moving object, the generation time information of the position information, and speed information of the second moving object to generate the second positioning information (Fig. 5A, [0069] In another example, in some embodiments the initial measurement data 552 for each epoch includes a mobile base station position 568 (e.g., latitude and longitude, or latitude, longitude and altitude), expressed with respect to a particular coordinate system, for the mobile base station. The received mobile base station position 568, when included, is a position determined by the mobile base station, using any suitable methodology.). Oh and Dai are both considered to be analogous to the claimed invention because they are in the same field of endeavor of mobile RTK base station and receiver. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positioning device of Oh by including the positioning message information details of Dai to yield a predictable result of properly time synchronizing the reported information of the mobile RTK base station with the measurements at the mobile receiver ([0053] Stated another way, because the moving base 120 is moving, and data transmission is not instantaneous, using RTK to determine the relative position vector requires synchronizing the satellite measurement data for moving base 120 and moving object 110, and determining a current relative position vector for the current time requires projecting changes in position of the moving base 120 to the current time.). Regarding claim 13, Oh as modified by Dai teaches the positioning device of claim 12, accordingly the rejection of claim 12 above is incorporated. Oh further teaches wherein the communication unit transmits the position information message to another external device mounted on a third moving object (Fig. 2b ST26 and Fig. 3). Regarding claim 14, Oh as modified by Dai teaches the positioning device of claim 12, accordingly the rejection of claim 12 above is incorporated. Oh further teaches wherein the second positioning unit generates a positioning information message including at least one of the second positioning information, identification information of the second moving object, speed information of the second moving object, and generation time information of the second positioning information, and wherein the communication unit transmits the positioning Information message to another external device mounted on a third moving object ([0034] In addition, to improve the accuracy of the DGPS correction data, the control unit 40 controls the DGPS error adjustment unit 50 to execute the error adjustment for the DGPS correction data based on an output value of the sensor 30, and allows the error-adjusted DGPS correction data to be transmitted through the V2X communication unit 20 so as to be used as the DGPS correction data the DGPS correction data having higher accuracy.). Regarding claims 15 and 21, Oh discloses claim 11 and Oh as modified by Dai teaches the positioning device of claim 13, accordingly the rejections of claims 11 and 13 above are incorporated. Oh fails to discloses the another external device of claim 13 does not include an RTK client and the positioning device of claim 11 does not include an RTK client. Dai teaches an embodiment of the positioning device which does not include an RTK client (Fig. 7C, [0087] – [0088]) but rather relies on the precise position update of the mobile base station in the positioning information update ([0035] Alternatively, the determining module(s) 230 receives data from moving base 120 indicating the position of moving base 120 at the one or more specific times. In these alternative implementations, moving base 120 processes the satellite navigation signals received by its satellite receiver 140 (FIG. 1) to generate absolute position values of moving base for the one or more specific times. The accuracy of the absolute position values generated by moving base 120 may be improved through the use of any of a variety of navigation assistance technologies, such wide area differential GPS or RTK (e.g., using a fixed base station 170, FIG. 1).). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the positioning device of Oh by specifying it does not include an RTK client and the another external device of Oh does not include an RTK client to yield a predictable result of simplifying the overall system and interoperability by not requiring every positioning device to have an RTK client. Regarding 16, Oh as modified by Dai teaches the positioning device of claim 15, accordingly the rejection of claim 15 above is incorporated. Oh further teaches the first moving object is a lead vehicle among a plurality of vehicles traveling in a platoon, the second moving object is a vehicle that follows the first moving object, and the third moving object is a vehicle that follows the second moving object (Fig. 3). Regarding claim 20, Oh discloses the positioning device of claim 11, accordingly the rejection of claim 11 above is incorporated. Oh does not explicitly disclose wherein the first positioning information further includes azimuth information of the second moving object. Dai teaches the first positioning information further includes azimuth information of the second moving object ([0018] The relative position determined by moving object 110 is represented by a differential position value, such as a relative position vector.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positioning device of Oh by including the azimuth information of Dai to yield a predictable result of quantifying the direction between the moving objects which allows for maintaining a fixed relative position between the moving objects as noted by Dai ([0014] The moving-base RTK method and system described herein can be used in a wide range of applications, such as maintaining a fixed distance between two vehicles (e.g., a moving object such as a rover and a moving base such as a truck) or other mobile systems, maintaining a fixed relative position (e.g., a position difference vector in two-dimensions or three-dimensions) between two vehicles or other systems, or maintaining a fixed velocity difference between two vehicles or other systems.). Regarding claim 27, Oh discloses the positioning method of claim 22, accordingly the rejection of claim 22 above is incorporated. Oh fails to disclose the first device includes an RTK client, and the second device does not include the RTK client. Dai teaches an embodiment where the first device includes an RTK client (Fig. 2B, RTK Module 282), and the second device does not include the RTK client ([0035] Alternatively, the determining module(s) 230 receives data from moving base 120 indicating the position of moving base 120 at the one or more specific times. In these alternative implementations, moving base 120 processes the satellite navigation signals received by its satellite receiver 140 (FIG. 1) to generate absolute position values of moving base for the one or more specific times. The accuracy of the absolute position values generated by moving base 120 may be improved through the use of any of a variety of navigation assistance technologies, such wide area differential GPS or RTK (e.g., using a fixed base station 170, FIG. 1).). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the positioning device of Oh by specifying it does not include an RTK client and the another external device of Oh does not include an RTK client to yield a predictable result of simplifying the overall system and interoperability by not requiring every positioning device to have an RTK client. Regarding claims 29 and 30, Oh discloses the positioning method of claim 22, accordingly the rejection of claim 22 above is incorporated. Oh fails to explicitly disclose wherein the position information message further includes at least one of speed information of the first moving object, and generation time information of the position information message and the second device further uses at least one of the speed information of the first moving object, the generation time information of the position information message, and speed information of the second moving object to generate the second positioning information. Dai teaches the position information message further includes at least one of speed information of the first moving object, and generation time information of the position information message (Fig. 5A, [0070] In some embodiments, position update data 554 for a single position update sent by mobile base 120 includes a change in position 574 of the mobile base station since a prior position of or position update for the mobile base 120 (e.g., a change in position relative to the mobile base station position determined, sent or reported for the beginning of the current epoch); a timestamp and/or delta time value (indicating an amount of time since the most recent epoch boundary time) 572, indicating the time corresponding to the position update values 574) and the second device further uses at least one of the speed information of the first moving object, the generation time information of the position information message, and speed information of the second moving object to generate the second positioning information ([0032] RTK module 232 determines the relative position vector at specific times (herein called epoch boundary times) using moving base data (i.e., satellite measurement data for moving base 120 at each specific time, as received from moving base 120 at times later than the specific times) and satellite signal measurements made at moving object system 200 (at moving object 110) at each specific time.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positioning device of Oh by including the positioning message information details of Dai to yield a predictable result of properly synchronizing in time and space the reported information of the mobile RTK base station with the measurements at the mobile receiver ([0053] Stated another way, because the moving base 120 is moving, and data transmission is not instantaneous, using RTK to determine the relative position vector requires synchronizing the satellite measurement data for moving base 120 and moving object 110, and determining a current relative position vector for the current time requires projecting changes in position of the moving base 120 to the current time.). Claim(s) 19 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Oh in view of Rezaei (US 20190196022). Regarding claim 19 and 28, Oh discloses the positioning device of claim 11 and the positioning method of claim 22, accordingly the rejections of claim 11 and claim 22 above are incorporated. Oh fails to explicitly disclose wherein the communication unit of claim 11 and each of the first device and the second device of claim 22 are a cellular V2X (C-V2X) module supporting cellular-based V2X communication, a dedicated short-range communication (DSRC) module supporting wireless access in vehicular environments (WAVE)-based V2X communication, or a hybrid module supporting both C-V2X and WAVE. However, Rezaei teaches a system for mobile objects to receive RTK correction information ([0004] In general, in one aspect, the invention relates to a mobile system comprising a receiver configured to receive a first set of correction data, which is broadcasted from a first transmitter, wherein the first set of correction data comprises D-GNSS correction data, wherein the mobile system is configured to estimate, using a RTK method, a first position of the mobile system using at least a portion of the first set of correction data) where the communication unit is a vehicle-to-everything (V2X) communication module and wherein the communication unit is a cellular V2X (C-V2X) module supporting cellular-based V2X communication, a dedicated short-range communication (DSRC) module supporting wireless access in vehicular environments (WAVE)-based V2X communication, or a hybrid module supporting both C-V2X and WAVE ([0057] In alternative embodiments, the transmitter (103) may … broadcasts D-GNSS correction data using V2X (Vehicle to Everything) communication technology (e.g., dedicated short range communication (DSRC), Cellular V2X, etc.).). Oh and Rezaei are both considered to be analogous to the claimed invention because they are in the same field of endeavor of mobile device RTK positioning technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the communication units for the positioning devices of Oh by using the V2X, C-V2X, DSRC modules of Rezaei to yield a predictable result of using established communication equipment and techniques for wireless communication with a vehicle. Claims 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Oh in view of Kim US (20210350708). Regarding claims 24 and 26, Oh discloses the positioning methods of claims 23 and 25, accordingly the rejections of claims 23 and 25 above are incorporated. Oh fails to disclose the first device pre-stores identification information of the second moving object and identification information of the third moving object, the second device pre-stores identification information of the first moving object and the identification information of the third moving object, the third device pre-stores the identification information of the first moving object and the identification information of the second moving object, and the first moving object, the second moving object, and the third moving object move together at intervals within a predetermined distance. However, Kim teaches techniques for the formation driving/operation of vehicles ([0002] The present disclosure relates to an apparatus for controlling platooning, a system including the same, and a method for the same, and more particularly to a technology of allowing Quick start for platooning based on previously stored information on a platoon arrangement.) with the first device pre-stores identification information of the second moving object and identification information of the third moving object, the second device pre-stores identification information of the first moving object and the identification information of the third moving object, the third device pre-stores the identification information of the first moving object and the identification information of the second moving object ([0009] According to an embodiment, the memory may store the platoon arrangement information by mapping a role on the platooning line and a vehicle identification (ID) of each of the platooning vehicles to each other.), and the first moving object, the second moving object, and the third moving object move together at intervals within a predetermined distance ([0067] When the inter-vehicle distance is longer than a fourth reference value shorter than the third reference value and shorter than the third reference value, the processor 120 may determine the platooning mode to be ‘Maintain mode’. Accordingly, the following vehicles (FVs) may perform the platooning depending on the platooning modes received from the leading vehicle (LV).). Oh and Kim are both considered to be analogous to the claimed invention because they are in the same field of endeavor of vehicle positioning and coordinated movement technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Oh by including the pre-storing related vehicle identification information and predefined distances to yield the predictable result of forming a vehicle formation without requiring extensive request and approval procedures as noted by Kim ([0006] a method for the same, in which when it is determined, based on platoon history information, that a vehicle has a history that the vehicle has ever formed a platoon, the platoon may be formed through direct control transfer without request and approval procedures.). For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20200150285 discloses vehicle technologies for improving positioning accuracy despite various factors that affect signals from navigation satellites. Such positioning accuracy is increased via determining an offset and communicating the offset in various ways or via sharing of raw positioning data between a plurality of devices, where at least one knows its location sufficiently accurately, for use in differential algorithms. US 10719076 discloses a system of aircraft which includes a follower aircraft with a processor configured to: determine a follower aircraft location at a time t.sub.0; receive a real-time kinematics (RTK) update from a lead aircraft, the RTK update including information associated with: a lead aircraft location at the time t.sub.0, the lead aircraft location at a time t.sub.1 relative to the lead aircraft location at the time t.sub.0, and an object location at the time t.sub.1 relative to the lead aircraft location at the time t.sub.1; perform RTK processing to determine the follower aircraft location at the time t.sub.0 relative to the lead aircraft location at a time t.sub.0; determine the follower aircraft location at a time t.sub.2 relative to the follower aircraft location at the time t.sub.0 by utilizing time relative navigation (TRN); and determine the object location at time t.sub.2 relative to the follower aircraft location at the time t.sub.2. US 20210116573 discloses a correction service system for a satellite-based navigation system that is configured to determine a position of user devices, where the correction service system includes a plurality of reference stations having known and fixed coordinates and a plurality of receivers, a method includes operating a first group of the reference stations and the plurality of receivers, ascertaining a first correction value based on the satellite signals received by the first group of reference stations and their coordinates, ascertaining a second correction value based on the signals received by the plurality of receivers, ascertaining, based on the first and second correction values, a third correction value that is provided to the user devices. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN BS ABRAHAM whose telephone number is (571)272-4145. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST. 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, Jack Keith can be reached at (571)272-6878. 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. /JBSA/Examiner, Art Unit 3646 /JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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Prosecution Timeline

Jun 06, 2024
Application Filed
Feb 15, 2026
Non-Final Rejection — §102, §103 (current)

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Expected OA Rounds
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Grant Probability
99%
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2y 4m
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