Prosecution Insights
Last updated: October 02, 2026
Application No. 18/848,787

SMALL DATA TRANSMISSION FOR POSITIONING

Non-Final OA §102§103
Filed
Sep 19, 2024
Priority
Apr 01, 2022 — GR 20220100292 +1 more
Examiner
LEE, SIU M
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
985 granted / 1081 resolved
+29.1% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
22 currently pending
Career history
1098
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1081 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 . 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 1 and 4-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NPL (3GPP RAN WG2 Meeting #115-e, R2-2107684, dated Aug 16 – Aug 27, 2021). (1) Regarding claim 1: NPL discloses a method of wireless communication performed by a user equipment (UE), comprising: measuring one or more positioning reference signal (PRS) resources from one or more network entities during a positioning session while in a radio resource control (RRC) inactive state or an RRC idle state (LPP messages (e.g. LPP ProvideLocationlnformation) and LSC messages can be sent by UE to LMF when in INACTIVE using SOT-SRB2 and RA-SOT/CG-SOT resources, subject to data volume threshold, page 1, Observation 1; LPP messages (e.g. measurement report/location estimate), page 2. 2nd paragraph of Proposal 2; LPP messages (e.g. LPP ProvideLocationlnformation) and LSC messages can be sent by UE to LMF when in INACTIVE using SDT-SRB2 and RA-SDT/CG-SDT resources, subject to data volume threshold, page 3, Conclusion, Observation 1); and reporting measurement data for the one or more PRS resources to a location server while in the RRC inactive state or the RRC idle state during one or more small data transmission (SDT) occasions (LPP messages (e.g. LPP ProvideLocationlnformation) and LSC messages can be sent by UE to LMF when in INACTIVE using SOT-SRB2 and RA-SOT/CG-SOT resources, subject to data volume threshold, page 1) based on a response time requirement for the positioning session, a configuration of the UE to remain in the RRC inactive or the RRC idle state, a number of SDT occasions needed to report the measurement data (The gNB can then configure type of SDT resources (e.g. RA-SDT/CG-SDT) and the data volume threshold with the awareness of reporting configuration and size of positioning information, page 2, 3rd paragraph), or any combination thereof. (2) Regarding claim 4: NPL discloses all subject matter of claim 1, and further discloses the measurement data during multiple SDT occasions based on an amount of the measurement data being greater than an amount of data that may be transmitted during a single SDT occasion (In the case when the size of the NAS PDUs carrying LPP messages (e.g. measurement report/location estimate) is greater the configured data volume threshold, the UE can dynamically request the gNB for resource grant (e.g. in SDT-BSR) when sending the first SOT transmission. However, since SDT-BSR is used for requesting resource grant for data buffered in SDT-DRBs (i.e. as per legacy BSR), it would be necessary for the UE to send a similar indication for requesting resource grants for sending NAS PDUs in SDT-SRB2 whose payload sizes are higher the configured data volume threshold. The gNB can then allocate the resource grant for transmission of such NAS PDUs or to transition the UE to CONNECTED state (e.g. in RRC Resume message) for supporting the transmission), page 2, paragraphs 2-6). (3) Regarding claim 5: NPL discloses all subject matter of claim 1, and further discloses the reporting the measurement data to the location server in an RRC connected state based on the response time requirement for reporting the measurement data being greater than response time threshold (In the case when the size of the NAS PDUs carrying LPP messages (e.g. measurement report/location estimate) is greater the configured data volume threshold, the UE can dynamically request the gNB for resource grant (e.g. in SDT-BSR) when sending the first SOT transmission. However, since SDT-BSR is used for requesting resource grant for data buffered in SDT-DRBs (i.e. as per legacy BSR), it would be necessary for the UE to send a similar indication for requesting resource grants for sending NAS PDUs in SDT-SRB2 whose payload sizes are higher the configured data volume threshold. The gNB can then allocate the resource grant for transmission of such NAS PDUs or to transition the UE to CONNECTED state (e.g. in RRC Resume message) for supporting the transmission), page 2, paragraphs 2-6), an amount of data of the measurement data exceeding a maximum threshold for transmitting data during the one or more SDT occasions, or any combination thereof Claims 1-2, 4-6, 11-14, 16-17, 19-21, and 26-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rao et al. (US 2023/0379860 A1). (1) Regarding claims 1 and 16: Rao discloses a user equipment (UE) (WTRU 102 in figure 1B), comprising: a memory (non-removable memory 130, para. 0046); at least one transceiver (a transceiver 120, para. 0046); and at least one processor communicatively coupled to the memory and the at least one transceiver (a processor 118, para. 0046), the at least one processor configured to: measure one or more positioning reference signal (PRS) resources from one or more network entities during a positioning session while in a radio resource control (RRC) inactive state or an RRC idle state (WTRU may perform positioning measurements and report them in part of Msg3/ A, a grant scheduled by the gNB and provided part of MsgB or Msg4, a grant scheduled by the gNB after the completion of the RACH procedure (e.g., Msg 5), and/or an uplink configured grant. WTRU may remain in IDLE or inactive mode after reporting a positioning related measurement and/or report in a RACH procedure, para. 0234-0235); and report, via the at least one transceiver, measurement data for the one or more PRS resources to a location server while in the RRC inactive state or the RRC idle state during one or more small data transmission (SDT) occasions (the WTRU may send the location information and/or measurement reports to the RAN/LMF via the user plane (via UPF) in one or more DRBs configured to be used with SDT, para .0367; the WTRU (operating in INACTIVE state) may send one or more types of positioning information (e.g., measurement reports and/or location information) using SDT configured for one or more SRBs based on a data volume threshold configured and/or associated with the SRBs, para. 0368) based on a response time requirement for the positioning session, a configuration of the UE to remain in the RRC inactive or the RRC idle state, a number of SDT occasions needed to report the measurement data (the WTRU may determine the attributes of positioning information to be sent using SDT, including the type and size of the positioning information, based on the data volume threshold(s) that may be configured and/or activated for the associated SRB (e.g., SRBl, SRB2). For example, the WTRU may determine whether the positioning information (i.e., carried in a NAS message) is to be segmented into multiple segments based on the data volume threshold configured in the WTRU and/or associated with the SRB for carrying the positioning information. In this case, the WTRU may segment the positioning information into different segments which may be smaller than or equal to the configured data volume threshold, for example. In another example, the WTRU may segment the positioning information into several segments, where the number of segments may be determined based on a latency requirement associated with positioning configured in the WTRU, para, 0371), or any combination thereof. (2) Regarding claims 2 and 17: NPL discloses all subject matter of claims 1 and 16, and further discloses the measurement data is reported by the UE in the RRC inactive state or the RRC idle state during the one or more SDT occasions based on a response time indicated in a quality of service (QoS) requirement being less than or equal to a response time threshold (The number of segments supported may be determined by the WTRU either on its own or with LMF/gNB assistance based on one or more positioning QoS requirements (e.g., accuracy, latency) and the configured data volume threshold for SDT, for example. Upon segmentation, the WTRU may send the different segments sequentially using SDT such that the overall positioning information may be sent within the accuracy/latency requirement while adhering to the data volume threshold for each segment, para. 0304, the examiner interprets the QoS requirement (latency) as the claimed response time threshold). (3) Regarding claims 4 and 19: Rao discloses all subject matter of claims 1 and 16, and further discloses reporting the measurement data during multiple SDT occasions based on an amount of the measurement data being greater than an amount of data that may be transmitted during a single SDT occasion (When the payload size of LPP messages ( e.g., LPP ProvideLocationinformation) generated by a WTRU is relatively small, the WTRU may continue to perform measurements and send the LPP messages while remaining in INACTIVE state. However, it may be possible that the configured data volume threshold when supporting SDT is restricted, or the allocated resource grant during INACTIVE mode may not be large enough to carry the generated LPP message (e.g., measurement report). For transmitting larger payload sizes, the WTRU may segment and send the measurement reports/location estimates sequentially using resources configured for SDT with proper identifiers such that the received segments of LPP messages/PDUs can be assembled either at the RAN or the LMF. The number of segments supported may be determined by the WTRU either on its own or with LMF/gNB assistance based on one or more positioning QoS requirements (e.g., accuracy, latency) and the configured data volume threshold for SDT, for example. Upon segmentation, the WTRU may send the different segments sequentially using SDT such that the overall positioning information may be sent within the accuracy/latency requirement while adhering to the data volume threshold for each segment, para. 0302-0304). (4) Regarding claims 5 and 20: Rao discloses all subject matter of claims 1 and 16, and further discloses reporting the measurement data to the location server in an RRC connected state based on the response time requirement for reporting the measurement data being greater than response time threshold, an amount of data of the measurement data exceeding a maximum threshold for transmitting data during the one or more SDT occasions (if the WTRU does not have a PRS configuration that satisfies the minimum positioning accuracy threshold and the maximum measurement payload size threshold, the WTRU may transmit a request to the network to transition to CONNECTED mode, para. 0551), or any combination thereof (5) Regarding claims 6 and 21: Rao discloses all subject matter of claims 1 and 16, and further discloses a first amount of measurement data is obtained by measuring the one or more PRS resources of the one or more network entities, the method further comprising: reducing the first amount of measurement data to a second amount of measurement data (In one approach, the WTRU may perform delta reporting for positioning reporting ( e.g., reporting only the difference value of the given parameter relative to a previously reported value for that same parameter). Specifically, the WTRU may include the changed information in the reporting. For example, the WTRU may be required to report RSTDs of multiple TRP pairs. However, the WTRU may include the changed RSTDs of the TRP pairs in the reporting. This approach may be motivated to reduce the size of the message, para. 0319), and reporting the second amount of measurement data to the location server while in the RRC inactive state or the RRC idle state (In an embodiment, the WTRU may perform regular reporting in the periodic reporting and delta reporting in the event-triggered reporting. The delta reporting of an even-triggered reporting may be associated with the last periodic reporting. Specifically, if the WTRU detects a change in the positioning measurement compared to the last periodic reporting, the WTRU may perform event-trigger reporting and/or the WTRU may include only the delta information compared to the last periodic reporting, para. 0320). (6) Regarding claims 11 and 26: Rao discloses all subject matter of claims 1 and 16, and further discloses transmitting a buffer status report (BSR) indicating a reported amount of data for uplink transmission (A WTRU may request a resource for transmission of the positioning report, transmission of the SRSp, and/or transmission of a positioning related reference signal. Specifically, since such a need may not be reflected in a Buffer Status Report (BSR), an explicit indication may be used (e.g., an RRC message or an LPP message---e.g. configuration request message-) to request the resource, para. 0179), wherein the reported amount is less than an actual amount of measurement data to be reported by the UE (In one approach, the WTRU may perform delta reporting for positioning reporting ( e.g., reporting only the difference value of the given parameter relative to a previously reported value for that same parameter). Specifically, the WTRU may include the changed information in the reporting. For example, the WTRU may be required to report RSTDs of multiple TRP pairs. However, the WTRU may include the changed RSTDs of the TRP pairs in the reporting. This approach may be motivated to reduce the size of the message, para. 0319). (7) Regarding claims 12 and 27: Rao discloses all subject matter of claims 11 and 26, and further discloses the reported amount is less than a transition threshold to allow the UE to remain in the RRC inactive state or the RRC idle state to report the measurement data during the one or more SDT occasions (selecting a PRS config with an associated payload size closest to the DVT for SDT from among the at least one PRS configurations that satisfy the minimum accuracy requirement; and performing PRS measurements and sending a measurement report (to the LMF) based on the selected PRS config using an SDT (e.g., in INACTIVE state), para. 0553), and the transition threshold corresponds to an amount of data above which the UE is transitioned to an RRC connected state to transmit uplink data (on condition that none of the PRS configurations indicated to satisfy the minimum accuracy requirement have an associated payload size less than the DVT for SDT, sending a connection request (e.g., to the gNB) (e.g., to transition to CONNECTED state to be able to send a measurement report, para. 0553; if the WTRU does not have a PRS configuration that satisfies the minimum positioning accuracy threshold and the maximum measurement payload size threshold, the WTRU may transmit a request to the network to transition to CONNECTED mode, para. 0551). (8) Regarding claims 13 and 28: Rao discloses all subject matter of claims 12 and 27, and further discloses sending, by location software (the methods described herein may be implemented in a computer program, software , para. 0555) running on the UE, a limited amount of measurement data to a medium access control (MAC) layer of the UE (the UE may perform delta reporting while also indicating the necessity of an additional report ( e.g., full report) in the first grant. Such indication may be conveyed by a MAC CE ( e.g., BSR) and/or a MAC header. The UE may also indicate the necessity of a subsequent report in the preceding report ( e.g., in in the MAC CE and/or MAC header of the preceding report), para. 0321), wherein the limited amount of measurement data sent by the location software to the MAC layer for transmission during the one or more SDT occasions (the UE may segment the positioning measurement report into multiple sequential reports, para. 0321) results in the reported amount being less than the transition threshold (WTRU Sends Positioning Information Using SDT Based on Configured Data Volume Threshold, para. 0367). (9) Regarding claim 14: Rao discloses all subject matter of claim 12, and further discloses receiving an indication of the transition threshold from a base station (The method may include receiving a small data transmission (SDT) configuration (e.g., from the gNB) including a data volume threshold (DVT) for SDT (e.g., indicating the maximum payload size for SDT, para. 0013). (10) Regarding claim 29: Rao discloses a user equipment (UE) (device as shown in figure 1B), comprising: means for measuring (processor 118 in figure 1B) one or more positioning reference signal (PRS) resources from one or more network entities during a positioning session while in a radio resource control (RRC) inactive state or an RRC idle state (WTRU may perform positioning measurements and report them in part of Msg3/ A, a grant scheduled by the gNB and provided part of MsgB or Msg4, a grant scheduled by the gNB after the completion of the RACH procedure (e.g., Msg 5), and/or an uplink configured grant. WTRU may remain in IDLE or inactive mode after reporting a positioning related measurement and/or report in a RACH procedure, para. 0234-0235); and means for reporting measurement data (transceiver 120 in figure 1B) for the one or more PRS resources to a location server while in the RRC inactive state or the RRC idle state during one or more small data transmission (SDT) occasions (the WTRU may send the location information and/or measurement reports to the RAN/LMF via the user plane (via UPF) in one or more DRBs configured to be used with SDT, para .0367; the WTRU (operating in INACTIVE state) may send one or more types of positioning information (e.g., measurement reports and/or location information) using SDT configured for one or more SRBs based on a data volume threshold configured and/or associated with the SRBs, para. 0368) based on a response time requirement for the positioning session, a configuration of the UE to remain in the RRC inactive or the RRC idle state, a number of SDT occasions needed to report the measurement data (the WTRU may determine the attributes of positioning information to be sent using SDT, including the type and size of the positioning information, based on the data volume threshold(s) that may be configured and/or activated for the associated SRB (e.g., SRBl, SRB2). For example, the WTRU may determine whether the positioning information (i.e., carried in a NAS message) is to be segmented into multiple segments based on the data volume threshold configured in the WTRU and/or associated with the SRB for carrying the positioning information. In this case, the WTRU may segment the positioning information into different segments which may be smaller than or equal to the configured data volume threshold, for example. In another example, the WTRU may segment the positioning information into several segments, where the number of segments may be determined based on a latency requirement associated with positioning configured in the WTRU, para, 0371), or any combination thereof. (11) Regarding claim 30: Rao discloses a non-transitory computer-readable medium storing computer-executable instructions that, when executed by a user equipment (UE), cause the UE to (the methods described herein may be implemented in a computer program, software, or firmware incorporated in a computer readable medium for execution by a computer or processor, para. 0555): measure one or more positioning reference signal (PRS) resources from one or more network entities during a positioning session while in a radio resource control (RRC) inactive state or an RRC idle state (WTRU may perform positioning measurements and report them in part of Msg3/ A, a grant scheduled by the gNB and provided part of MsgB or Msg4, a grant scheduled by the gNB after the completion of the RACH procedure (e.g., Msg 5), and/or an uplink configured grant. WTRU may remain in IDLE or inactive mode after reporting a positioning related measurement and/or report in a RACH procedure, para. 0234-0235); and report measurement data for the one or more PRS resources to a location server while in the RRC inactive state or the RRC idle state during one or more small data transmission (SDT) occasions (the WTRU may send the location information and/or measurement reports to the RAN/LMF via the user plane (via UPF) in one or more DRBs configured to be used with SDT, para .0367; the WTRU (operating in INACTIVE state) may send one or more types of positioning information (e.g., measurement reports and/or location information) using SDT configured for one or more SRBs based on a data volume threshold configured and/or associated with the SRBs, para. 0368) based on a response time requirement for the positioning session, a configuration of the UE to remain in the RRC inactive or the RRC idle state, a number of SDT occasions needed to report the measurement data (the WTRU may determine the attributes of positioning information to be sent using SDT, including the type and size of the positioning information, based on the data volume threshold(s) that may be configured and/or activated for the associated SRB (e.g., SRBl, SRB2). For example, the WTRU may determine whether the positioning information (i.e., carried in a NAS message) is to be segmented into multiple segments based on the data volume threshold configured in the WTRU and/or associated with the SRB for carrying the positioning information. In this case, the WTRU may segment the positioning information into different segments which may be smaller than or equal to the configured data volume threshold, for example. In another example, the WTRU may segment the positioning information into several segments, where the number of segments may be determined based on a latency requirement associated with positioning configured in the WTRU, para, 0371), or any combination thereof. Claim Rejections - 35 USC § 103 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 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. Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Rao et al. (US 2023/0379860 A1) in view of Zhang (US 2026/0181543 A1). (1) Regarding claim 3 or 18: Rao discloses all subject matter of claims 1 and 16, but fails to disclose the measurement data is reported by the UE in the RRC inactive state or the RRC idle state during the one or more SDT occasions based on the number of SDT occasions needed to report the measurement data being less than or equal to an SDT occasion threshold. However, Zhang discloses the measurement data is reported by the UE in the RRC inactive state or the RRC idle state during the one or more SDT occasions based on the number of SDT occasions needed to report the measurement data being less than or equal to an SDT occasion threshold (after the UE triggers the SDT, if the number of data packets sent by the UE reaches the second threshold, when the data packet to be subsequently sent arrives, the UE can notify the anchor access network device to terminate the SDT session and/or request the anchor access network device to configure the UE to switch to the RRC connected state, para. 0231, 0271). It is desirable to have the measurement data is reported by the UE in the RRC inactive state or the RRC idle state during the one or more SDT occasions based on the number of SDT occasions needed to report the measurement data being less than or equal to an SDT occasion threshold because it improves data integrity for data transmitted during small data transmission. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of Zhang in the method and apparatus of Bao for the benefit of improving the integrity of data transmitted by SDT. Allowable Subject Matter Claims 7-10 and 22-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rao (WO/2022/081893 A1) discloses methods and apparatus for power efficient positioning in wireless communication systems. Shreevastav (WO/2022/177489 A1) discloses node and method in a wireless communications network. Kim (WO/2022/212706 A1) discloses report for small data transmission. NPL (Small Data Transmission in Inactive State) by Jincan Xin, dated 2021. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00. 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, Chieh M Fan can be reached at 571-272-3042. 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. /SIU M LEE/Primary Examiner, Art Unit 2632 7/22/2026
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Prosecution Timeline

Sep 19, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+11.0%)
2y 1m (~1m remaining)
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