Prosecution Insights
Last updated: October 16, 2026
Application No. 18/837,249

METHODS AND APPARATUS FOR CLUSTER-BASED POSITIONING OF WIRELESS TRANSMIT/RECEIVE UNITS IN A WIRELESS COMMUNICATION NETWORK

Final Rejection §102
Filed
Aug 09, 2024
Priority
Feb 09, 2022 — provisional 63/308,212 +2 more
Examiner
KINCAID, LESTER G
Art Unit
Tech Center
Assignee
InterDigital Inc.
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
6m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
50 granted / 80 resolved
+2.5% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
32 currently pending
Career history
122
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 80 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 . Response to Arguments Applicant's arguments filed 8/13/2026 have been fully considered but they are not persuasive. Applicant arguments are based on Yerramalli’s non recitation of the claimed word ‘cluster’ but have not articulated why any of the sets of TRPs would not be considered a cluster of TRPs. Further it is noted that besides the use of the word ‘cluster’ throughout the specification and claims, any definition or limitation therein has not been recognized nor argued. As currently drafted, nothing of record would lead anyone to believe that ‘cluster’ is more than a label. Applicant further argues that: “Yerramalli describes PRS configurations broadly, but does not attribute respective PRS configurations to sets of TRPs, let alone attributing respective PRS configurations to clusters. Therefore, Yerramalli cannot be said to disclose selecting "a cluster from the first and second clusters, wherein the selection of the cluster is based at least on the first location and one or more of the first cluster information or the second cluster information, wherein the selected cluster encompasses the first location, and wherein the selected cluster is the first cluster associated with the second PRS configuration," as recited in independent claims 29 and 37.” An argument that Yerramalli could somehow operate without knowing what configuration information was intended for or corresponded to particular TRPs is nonsensical. Interview Request The examiner notes that a recent USPTO policy change (9/29/2026 briefing) suddenly implemented (10/1/2026) has resulted in the expected due date of an office action in this application to be completed by 10/2/2026 as opposed to the otherwise expected date of 10/31/2026 and therefore has not left enough time to schedule and hold an interview and then act on and timely complete an office action. Examiner apologizes however encourages Applicant to contact the examiner to schedule an interview. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 29-44 is/are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Yerramalli et al. (2021/0377697) hereinafter “Yerramalli”. As to claim 29, (New) Yerramalli discloses A method (See Fig 7) implemented in a wireless transmit/receive unit (WTRU), the method comprising: receiving one or more indications that indicate: a first position reference signal (PRS) configuration, a second PRS configuration, a first cluster associated with the second PRS configuration, and first cluster information associated with the first cluster, and a third PRS configuration, a second cluster associated with the third PRS configuration, and second cluster information (location) associated with the second cluster (see [0086]-[0097]: “…PRS resource configuration…”, [0112]: “the assistance data may include identifiers of the base stations (or the cells/ TRPs of the base stations) from which to measure reference signals, the reference signal configuration parameters…, and/or other parameters ”, [0118]-[0120], [0128]: “…a plurality of UEs may receive PRS from a plurality of base stations…”, [0138]:”The set of N TRPs for which the LMF 770 provides locations may be some or all of the TRPs that the UE 704 measured at 705…”, [0141]: “although Fig 7 illustrates the LMF 770 configuring the UE 704 with DOP threshold, … and the location of TRPs”); determining a first location of the WTRU using the first PRS configuration (step 705, see [0134]-[0135]: “At 705, the UE 704, determines and reports its coarse location to an LMF 770…”. [0143]: “After operation 710, the UE 704 knows its coarse location…”; selecting (steps 715 - 735) a cluster from the first and second clusters, (see [0144]-[0148]: “…UE 704 may select four sets of three TRPs… highest priority set…”) wherein the selection of the cluster is based at least on the first location (see [0143]) and one or more of the first cluster information or the second cluster information, wherein the selected cluster (highest priority set) encompasses the first location, and wherein the selected cluster is the first cluster associated with the second PRS configuration, (see Fig 6, [0128]-[0130]); determining (step 735), based on the second PRS configuration associated with the selected cluster, a second location of the WTRU (see [0148]: “At 735, the UE 704 optionally measures PRS optionally transmitted by the TRPs 702 in the highest priority set of TRPs…”); and sending information (step 740) that indicates the second location of the WTRU and the selected cluster (see 0149]: “… At 740, the UE 704 reports… and the PRS measurements of the highest priority set of TRPs performed at 705 or 730… As another alternative, the UE 704 may report location information derived from these measurements…”). As to claim 30, (New) Yerramalli discloses The method of claim 29, futher it is considered inherent that (wherein) the first cluster and the second cluster are defined by a respective central location and a respective diameter. As to claim 31, (New) Yerramalli discloses The method of claim 29, wherein the first cluster information and the second cluster information comprise respective cluster identification and/or respective cluster location information. See [0136]: “… based on the coarse location of the UE 704, the LMF 770 may be able to identify the set of N TRPs that would likely result in a DOP… may provide locations of the TRPs to the UE 704…”, [0144]:”… up to K sets of M TRPs (where M is less than or equal to N)”). As to claim 32, (New) Yerramalli discloses The method of claim 29, wherein the first and second clusters encompass the first location. (Necessary for usable DOP). As to claim 33. (New) Yerramalli discloses The method of claim 29, further discloses (see [0140]: “The maximum number of sets of TRPs (k) is the maximum number of sets of TRPs per iteration used to identify the smallest set of TRPs that satisfies the DOP threshold”, [0147]:”… the highest priority set of TRPs that satisfies the DOP threshold. This may be the set of TRPs that has the fewest TRPs and the best DOP…”) therefore would result in situations wherein the first cluster is smaller than the second cluster, and (claim 34) wherein the selection of the cluster is further based on the first cluster being smaller (fewest TRPs and best DOP) than the second cluster. As to claim 35, (New) Yerramalli discloses The method of claim 29, wherein the second location is a relative position to the WTRU. See [0114], [0138],[0155], etc. As to claim 36. (New) Yerramalli discloses The method of claim 35, wherein the relative position of the second location is based on the first PRS configuration. See [0148]. As to claims 37-44, (New) Yerramalli discloses A wireless transmit/receive unit (WTRU), (Fig 3A) comprising: a processor (332) configured to perform as applied to corresponding method claims 29-36. 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 LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5. 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, Yuwen 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. /LESTER G KINCAID/Primary Examiner, Art Unit 2649
Read full office action

Prosecution Timeline

Aug 09, 2024
Application Filed
May 15, 2026
Non-Final Rejection mailed — §102
Aug 13, 2026
Response Filed
Oct 05, 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
62%
Grant Probability
71%
With Interview (+8.7%)
2y 8m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 80 resolved cases by this examiner. Grant probability derived from career allowance rate.

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