Prosecution Insights
Last updated: October 24, 2026
Application No. 18/853,832

TERMINAL AND POSITIONING METHOD

Final Rejection §102§103
Filed
Oct 03, 2024
Priority
Apr 13, 2022 — nonprovisional of PCTJP2022017752
Examiner
AJAYI, JOEL
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
512 granted / 660 resolved
+15.6% vs TC avg
Strong +45% interview lift
Without
With
+45.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
31 currently pending
Career history
685
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
38.8%
-1.2% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 660 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 . This action is in response to Applicant’s amendment filed on September 18, 2026. Claims 7, 9-14 are still pending in the present application. This action is made FINAL. Response to Arguments Applicant's arguments filed September 18, 2026 have been fully considered but they are not persuasive. The argument features Ryu does not disclose the transmitter transmits the control information including information on a resource for the first positioning reference signal. The examiner respectfully disagrees with the applicant’s statement and asserts that, using the broadest reasonable interpretation, Ryu discloses the transmitter transmits the control information including information on a resource for the first positioning reference signal […in order for the D2D-PRS to be distinguished for each adjacent UE for transmitting the D2D-PRS, a new D2D-PRS sequence and transmission channel may be defined…” (par. 137, lines 8-10)]. Regarding the independent claims, what is the “information”? What is the “resource”? How is the position information obtained by the terminal in a novel way? As is currently written, the terminal transmits a request, receives a response, and somehow obtains position information based on the response. The applicant would need to further amend the independent claims to clearly indicate the patentable subject matter. In view of the above, the rejection using Ryu is maintained as repeated below. 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 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)(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. Claims 7, 9, 10, 13, 14 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Ryu et al. (U.S. Patent Application Number: 2018/0077529). Consider claim 7; Ryu discloses a terminal comprising: a transmitter that transmits [“…the UE 110 includes a communication unit 210…” (par. 74 lines 1-2) “…the communication unit 210 may be referred to as a transmitter…” (par. 77, lines 2-3)], to one or more other terminals [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5)], control information including a request for transmission of a first positioning reference signal for inter-terminal communication (D2D communication) [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)]; a receiver [“…the UE 110 includes a communication unit 210…” (par. 74 lines 1-2) “…the communication unit 210 may be referred to as a transmitter, a receiver…” (par. 77, lines 2-4)] that receives the first positioning reference signal from the one or more other terminals [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)]; and a controller [“…the UE 110 includes… a control unit 230…” (par. 74 lines 1-3)] that obtains position information of the terminal based on the received first positioning reference signal [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)], wherein the transmitter transmits the control information including information on a resource for the first positioning reference signal […in order for the D2D-PRS to be distinguished for each adjacent UE for transmitting the D2D-PRS, a new D2D-PRS sequence and transmission channel may be defined…” (par. 137, lines 8-10)]. Consider claim 9; Ryu discloses the controller [“…the UE 110 includes… a control unit 230…” (par. 74 lines 1-3)] obtains the position information of the terminal by Time Difference of Arrival (TDOA) positioning [“…the position of the UE 100 may be determined by using TDOA…” (par. 153, lines 2-7)] using the first positioning reference signal [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)]. Consider claim 10; Ryu discloses the transmitter transmits [“…the UE 110 includes a communication unit 210…” (par. 74 lines 1-2) “…the communication unit 210 may be referred to as a transmitter…” (par. 77, lines 2-3)], to another terminal [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5)], a second positioning reference signal for the D2D communication and a request for a measurement of the second positioning reference signal [“…the positioning signal may include a D2D-PRS. Accordingly, the UE 110 may receive the positioning signal from each of the fixed UE 1021 and the UEs 1031, 1033, and 1035 of which a position is determined, and may perform positioning on the basis of the received positioning signals.” (par. 136, lines 7-12)], wherein the receiver receives [“…the fixed UE 1021 and the UEs 103, 1033 and 1035 of which a position is determined by the separate position determining system may transmit to the UE 110 a positioning signal for measuring a position of the UE 110…” (par. 136, lines 3-6)], from the another terminal [“…the fixed UE 1021 and the UEs 1031, 1033 and 1035 of which a position is determined by the separate position determining system may transmit to the UE 110 a positioning signal for measuring a position of the UE 110…” (par. 136, lines 3-6)], measurement information based on a result of the measurement of the transmitted second positioning reference signal [“…the fixed UE 1021 and the UEs 103, 1033 and 1035 of which a position is determined by the separate position determining system may transmit to the UE 110 a positioning signal for measuring a position of the UE 110…the positioning signal may include a D2D-PRS. Accordingly, the UE 110 may receive the positioning signal from each of the fixed UE 1021 and the UEs 1031, 1033, and 1035 of which a position is determined, and may perform positioning on the basis of the received positioning signals.” (par. 136, lines 3-12)], and wherein the controller [“…the UE 110 includes… a control unit 230…” (par. 74 lines 1-3)] obtains the position information of the terminal based on the received measurement information [“…the fixed UE 1021 and the UEs 103, 1033 and 1035 of which a position is determined by the separate position determining system may transmit to the UE 110 a positioning signal for measuring a position of the UE 110…the positioning signal may include a D2D-PRS. Accordingly, the UE 110 may receive the positioning signal from each of the fixed UE 1021 and the UEs 1031, 1033, and 1035 of which a position is determined, and may perform positioning on the basis of the received positioning signals.” (par. 136, lines 3-12)]. Consider claim 13; Ryu discloses the transmitter [“…the UE 110 includes a communication unit 210…” (par. 74 lines 1-2) “…the communication unit 210 may be referred to as a transmitter…” (par. 77, lines 2-3)] transmits the request [“…the UE 110 includes a communication unit 210…” (par. 74 lines 1-2) “…the communication unit 210 may be referred to as a transmitter…” (par. 77, lines 2-3) “...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5)] including at least one of information indicating an accuracy requirement for positioning or information on a timing for the another terminal to transmit the measurement information [“…for accurate positioning of the UE subjected to positioning, the D2D-PRS to be transmitted to the UE 110 must be distinguished for each adjacent UE for transmitting the D2D-PRS.” (par. 137, lines 4-7)]. Consider claim 14; Ryu discloses a positioning method executed by a terminal, the positioning method comprising: transmitting [“…the UE 110 includes a communication unit 210…” (par. 74 lines 1-2) “…the communication unit 210 may be referred to as a transmitter…” (par. 77, lines 2-3)], to one or more other terminals [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5)], control information including a request for transmission of a first positioning reference signal for inter-terminal communication (D2D communication) [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)]; receiving the first positioning reference signal from the one or more other terminals [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)]; obtaining position information of the terminal based on the received first positioning reference signal [“...the UE 110 may be referred to as a positioning UE or simply a UE, and the plurality of UEs…adjacent to the positioning request UE 110 may be referred to as an adjacent UE.” (par. 70, lines 1-5) “…for positioning of the UE, a positioning signal transmitted to the UE 110 may include a D2D-PRS.” (par. 137, lines 2-4)]; and transmitting the control information including information on a resource for the first positioning reference signal […in order for the D2D-PRS to be distinguished for each adjacent UE for transmitting the D2D-PRS, a new D2D-PRS sequence and transmission channel may be defined…” (par. 137, lines 8-10)]. 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 of this title, 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 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (U.S. Patent Application Number: 2018/0077529) in view of Edge (U.S. Patent Application Number: 2017/0332192). Consider claim 11, as applied in claim 10; Ryu discloses the claimed invention except: the receiver receives the measurement information including at least one of Relative Time of Arrival (RTOA) or Reference Signal Received Power (RSRP), wherein the RTOA and the RSRP are based on the transmitted second positioning information. In an analogous art, Edge discloses the receiver receives the measurement information including at least one of Relative Time of Arrival (RTOA) or Reference Signal Received Power (RSRP) [“…UE 102 and/or UE 103 may measure TPS or PRS signals transmitted from the other UE (e.g. may measure RSSI, RTT, AOA, RSRP and/or RSRQ)…” (par. 124, lines 12-14)], wherein the RTOA and the RSRP are based on the transmitted second positioning information [“…UE 102 and/or UE 103 may measure TPS or PRS signals transmitted from the other UE (e.g. may measure RSSI, RTT, AOA, RSRP and/or RSRQ) and may request, transfer, and/or assist these measurement by exchanging control signaling 280. UE (and UE 103) may coordinate with UEs…to obtain or enable additional measurements of TPS or PRS signals transmitted by these UEs and/or additional measurements by these UEs of TPS or PRS signals transmitted by UE 102 (and UE 103).” (par. 124, lines 12-21)]. It is an object of Ryu’s invention to provide a method for position measurement. It is an object of Edge’s invention to provide location information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Ryu by including RSRP, as taught by Edge, for the purpose of effectively providing services in a telecommunications network. Consider claim 12, as applied in claim 10; Ryu discloses the claimed invention except: the controller obtains the position information of the terminal based on a Round Trip Time (RTT), wherein the RTT is obtained based on the received measurement information and the first positioning reference signal received from the another terminal. In an analogous art, Edge discloses the controller obtains the position information of the terminal based on a Round Trip Time (RTT) [“UEs 102 and 103 may exchange control signaling 280 to discover one another and/or to coordinate location support. For example, UE 102 and/or UE 103 may measure TPS or PRS signals transmitted from the other UE (e.g. may measure RSSI, RTT, AOA, RSRP and/or RSRQ) and may request, transfer, and/or assist these measurement by exchanging control signaling 280. UE (and UE 103) may coordinate with UEs…to obtain or enable additional measurements of TPS or PRS signals transmitted by these UEs and/or additional measurements by these UEs of TPS or PRS signals transmitted by UE 102 (and UE 103).” (par. 124, lines 10-21)], wherein the RTT is obtained based on the received measurement information and the first positioning reference signal received from the another terminal [“…UE 102 and/or UE 103 may measure TPS or PRS signals transmitted from the other UE (e.g. may measure RSSI, RTT, AOA, RSRP and/or RSRQ) and may request, transfer, and/or assist these measurement by exchanging control signaling 280. UE (and UE 103) may coordinate with UEs…to obtain or enable additional measurements of TPS or PRS signals transmitted by these UEs and/or additional measurements by these UEs of TPS or PRS signals transmitted by UE 102 (and UE 103).” (par. 124, lines 12-21)]. It is an object of Ryu’s invention to provide a method for position measurement. It is an object of Edge’s invention to provide location information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Ryu by including RSRP, as taught by Edge, for the purpose of effectively providing services in a telecommunications network. Baek is another reference that discloses the inventive concept. Conclusion Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Joel Ajayi whose telephone number is (571) 270-1091. The Examiner can normally be reached on Monday-Thursday from 7:30am to 5:00pm and Friday 7:30am to 4:00 pm. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jeanette Parker can be reached on (571) 270-3647. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free) or 703-305-3028. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600. /JOEL AJAYI/ Primary Examiner, Art Unit 2646
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Prosecution Timeline

Oct 03, 2024
Application Filed
May 13, 2025
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §102, §103
Sep 18, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+45.4%)
2y 10m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 660 resolved cases by this examiner. Grant probability derived from career allowance rate.

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