Prosecution Insights
Last updated: October 27, 2026
Application No. 18/967,493

SUPPORT FOR CELLULAR VEHICLE-TO-EVERYTHING POSITIONING

Non-Final OA §102§103
Filed
Dec 03, 2024
Examiner
DONADO, FRANK E
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
369 granted / 533 resolved
+7.2% vs TC avg
Strong +59% interview lift
Without
With
+58.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
23 currently pending
Career history
563
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
30.9%
-9.1% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 533 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 INTERPRETATION The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Three-Prong Test As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure (such as “printer means”), material, or acts for performing the claimed function. This application includes one or more claim limitations that use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the word “means” is modified by functional language and is linked by a transition word without reciting sufficient structure to perform the recited function, and the word “means” is not preceded by a structural modifier. Such claim limitation(s) are: “means for sending…” and “means for receiving…” in claim 18. By virtue of their dependency on claim 18, claims 19 and 20 are also being interpreted under 35 U.S.C. 112(f). Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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 1, 2, 6, 7, 9, 11-13, 15-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by Sirotkin, et al (US PG Publication 2023/0125160), hereafter Sirotkin. Regarding claim 1, Sirotkin teaches a user equipment (UE), comprising ([0294] UE): one or more memories ([0294] UE includes memory medium); one or more transceivers ([0172] The UE 106 may share one or more parts of a receive chain and/or transmit chain between multiple wireless communication standards); and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to ([0294] UE may be configured to include a processor (or a set of processors) and a memory medium (or memory element), where the memory medium stores program instructions, where the processor is configured to read and execute the program instructions from the memory medium): send, via the one or more transceivers, to a location management function (LMF), a capability message indicating a cellular vehicle-to-everything (CV2X) positioning capability of the UE, wherein the capability message comprises roadside unit (RSU) connectivity information associated with the UE ([0170] UE 106F may represent a pedestrian who is communicating and/or interacting in a similar manner with the vehicles represented by UEs 106D and 106E. Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (In the context of V2X, LMF exchanges capability information with UE 106, the capability also associated with transmitting sidelink PRSs to RSUs)); and receive, via the one or more transceivers, from the LMF, a configuration of a reference signal based on the RSU connectivity information ([0249] Further, the LMF 609 may send an NRPPa positioning information request 624 to the base station 102a. the NRPPa positioning information request 624 may include (and/or carry) a request for a sidelink PRS configuration, e.g., such as bandwidth). At 626, the base station 102a may determine resources for the UE 106, e.g., such as uplink sounding reference signal (SRS) resources and/or sidelink PRS resources. The base station 102a may transmit a UE PRS configuration 628 to the UE 106. The UE PRS configuration message 628 may include resources and/or an indication of resources for the sidelink PRS. For example, the UE 106 may exchange (e.g., transmit and/or receive) sidelink PRSs with one or more neighboring UEs and/or other sidelink devices, e.g., such as RSUs (LMF transmits a PRS configuration request, based on which the PRS configuration sent to the UE, and the UE is able to send PRSs to the RSUs)). Regarding claim 2, Sirotkin teaches the UE of claim 1, wherein the capability message is: a long term evolution positioning protocol (LPP) provide capabilities message ([0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106); a new radio positioning protocol (NRPP) provide capabilities message; or any combination thereof. Regarding claim 6, Sirotkin teaches the UE of claim 1, wherein the capability message comprises CV2X connectivity information indicating: a roadside unit (RSU) connectivity capability of the UE ([0170] UE 106F may represent a pedestrian who is communicating and/or interacting in a similar manner with the vehicles represented by UEs 106D and 106E. Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (In the context of V2X, LMF exchanges capability information with UE 106, the capability also associated with transmitting sidelink PRSs to RSUs)); a terrestrial network (TN) connectivity capability of the UE; a non-terrestrial network (NTN) connectivity capability of the UE; or any combination thereof. Regarding claim 7, Sirotkin teaches the UE of claim 1, wherein the capability message indicates: one or more RSU identifiers of one or more RSUs ([0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (the capability associated with transmitting sidelink PRSs to RSUs)); frequency information ([0164] UEs 106 with various telecommunication capabilities, such as wireless communication in coverage area at a given frequency); radio access technology (RAT) information ([0165] The base station(s) 102 and the user devices 106 may be configured to communicate over the transmission medium using any of various radio access technologies (RATs). The base station 102 (e.g., an eNB in an LTE network or a gNB in an NR network) may communicate with UE having the capability to transmit reference signals); evolved universal mobile telecommunications system terrestrial radio access absolute radio frequency channel number (EARFCN) information; public land mobile network (PLMN) information; or any combination thereof. Regarding claim 9, Sirotkin teaches the UE of claim 1, wherein the capability message indicates: whether the CV2X positioning capability is associated with high capabilities or low capabilities; whether the CV2X positioning capability is associated with long term evolution (LTE) positioning capabilities ([0170] Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106); whether the CV2X positioning capability is associated with global system for mobile communications (GSM) positioning capabilities; whether the CV2X positioning capability is associated with wideband code-division multiple access (WCDMA) positioning capabilities; whether the CV2X positioning capability is associated with new radio (NR) positioning capabilities; whether the CV2X positioning capability is associated with wireless wide area network (WWAN) positioning capabilities; whether the CV2X positioning capability is associated with non-terrestrial network (NTN) positioning capabilities; or any combination thereof. Regarding claim 11, Sirotkin teaches the UE of claim 1, wherein the reference signal is a positioning reference signal (PRS), a sidelink PRS (S-PRS), a sounding reference signal (SRS), a tracking reference signal (TRS), or any combination thereof ([0249] Further, the LMF 609 may send an NRPPa positioning information request 624 to the base station 102a. the NRPPa positioning information request 624 may include (and/or carry) a request for a sidelink PRS configuration, e.g., such as bandwidth). At 626, the base station 102a may determine resources for the UE 106, e.g., such as uplink sounding reference signal (SRS) resources and/or sidelink PRS resources. The base station 102a may transmit a UE PRS configuration 628 to the UE 106. The UE PRS configuration message 628 may include resources and/or an indication of resources for the sidelink PRS. For example, the UE 106 may exchange (e.g., transmit and/or receive) sidelink PRSs with one or more neighboring UEs and/or other sidelink devices, e.g., such as RSUs (The received reference signals include PRS, sidelink PRS)). Regarding claim 12, Sirotkin teaches the UE of claim 1, wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from a node, one or more reference signals based on a reference signal configuration ([0249] At 626, the base station 102a may determine resources for the UE 106, e.g., such as uplink sounding reference signal (SRS) resources and/or sidelink PRS resources. The base station 102a may transmit a UE PRS configuration 628 to the UE 106); and send, via the one or more transceivers, to the LMF, an identifier of the node, one or more measurement results associated with the reference signals ([0249] The UE(s)s may report sidelink PRS measurements to the LMF), or any combination thereof. Regarding claim 13, Sirotkin teaches the UE of claim 1, wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from a roadside unit (RSU), one or more positioning reference signals (PRSs), one or more sidelink positioning reference signals (S-PRSs) ([0249] The UE 106 may exchange (e.g., transmit and/or receive) sidelink PRSs with one or more neighboring UEs and/or other sidelink devices, e.g., such as RSUs), or any combination thereof; and send, via the one or more transceivers, to the LMF, an RSU identifier of the RSU, one or more measurement results associated with the one or more PRSs, one or more measurement results associated with the one or more S-PRSs ([0249] The UE(s)s may report sidelink PRS measurements to the LMF), or any combination thereof. Regarding claim 15, Sirotkin teaches a method of wireless communication performed by a user equipment (UE), comprising: sending, to a location management function (LMF), a capability message indicating a cellular vehicle-to-everything (CV2X) positioning capability of the UE, wherein the capability message comprises roadside unit (RSU) connectivity information associated with the UE ([0170] UE 106F may represent a pedestrian who is communicating and/or interacting in a similar manner with the vehicles represented by UEs 106D and 106E. Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (In the context of V2X, LMF exchanges capability information with UE 106, the capability also associated with transmitting sidelink PRSs to RSUs)); and receiving, from the LMF, a configuration of a reference signal based on the RSU connectivity information ([0249] Further, the LMF 609 may send an NRPPa positioning information request 624 to the base station 102a. the NRPPa positioning information request 624 may include (and/or carry) a request for a sidelink PRS configuration, e.g., such as bandwidth). At 626, the base station 102a may determine resources for the UE 106, e.g., such as uplink sounding reference signal (SRS) resources and/or sidelink PRS resources. The base station 102a may transmit a UE PRS configuration 628 to the UE 106. The UE PRS configuration message 628 may include resources and/or an indication of resources for the sidelink PRS. For example, the UE 106 may exchange (e.g., transmit and/or receive) sidelink PRSs with one or more neighboring UEs and/or other sidelink devices, e.g., such as RSUs (LMF transmits a PRS configuration request, based on which the PRS configuration sent to the UE, and the UE is able to send PRSs to the RSUs)). Regarding claim 16, Sirotkin teaches the method of claim 15, wherein the capability message comprises CV2X connectivity information indicating: a roadside unit (RSU) connectivity capability of the UE ([0170] UE 106F may represent a pedestrian who is communicating and/or interacting in a similar manner with the vehicles represented by UEs 106D and 106E. Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (In the context of V2X, LMF exchanges capability information with UE 106, the capability also associated with transmitting sidelink PRSs to RSUs)); a terrestrial network (TN) connectivity capability of the UE; a non-terrestrial network (NTN) connectivity capability of the UE; or any combination thereof. Regarding claim 17, Sirotkin teaches the method of claim 15, wherein the capability message indicates: whether the CV2X positioning capability is associated with high capabilities or low capabilities; whether the CV2X positioning capability is associated with long term evolution (LTE) positioning capabilities ([0170] Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106); whether the CV2X positioning capability is associated with global system for mobile communications (GSM) positioning capabilities; whether the CV2X positioning capability is associated with wideband code-division multiple access (WCDMA) positioning capabilities; whether the CV2X positioning capability is associated with new radio (NR) positioning capabilities; whether the CV2X positioning capability is associated with wireless wide area network (WWAN) positioning capabilities; whether the CV2X positioning capability is associated with non-terrestrial network (NTN) positioning capabilities; or any combination thereof. Regarding claim 18, Sirotkin teaches a user equipment (UE), comprising ([0294] UE): means for sending, to a location management function (LMF), a capability message indicating a cellular vehicle-to-everything (CV2X) positioning capability of the UE, wherein the capability message comprises roadside unit (RSU) connectivity information associated with the UE ([0170] UE 106F may represent a pedestrian who is communicating and/or interacting in a similar manner with the vehicles represented by UEs 106D and 106E. Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (In the context of V2X, LMF exchanges capability information with UE 106, the capability also associated with transmitting sidelink PRSs to RSUs)); and means for receiving, from the LMF, a configuration of a reference signal based on the RSU connectivity information ([0249] Further, the LMF 609 may send an NRPPa positioning information request 624 to the base station 102a. the NRPPa positioning information request 624 may include (and/or carry) a request for a sidelink PRS configuration, e.g., such as bandwidth). At 626, the base station 102a may determine resources for the UE 106, e.g., such as uplink sounding reference signal (SRS) resources and/or sidelink PRS resources. The base station 102a may transmit a UE PRS configuration 628 to the UE 106. The UE PRS configuration message 628 may include resources and/or an indication of resources for the sidelink PRS. For example, the UE 106 may exchange (e.g., transmit and/or receive) sidelink PRSs with one or more neighboring UEs and/or other sidelink devices, e.g., such as RSUs (LMF transmits a PRS configuration request, based on which the PRS configuration sent to the UE, and the UE is able to send PRSs to the RSUs)). Regarding claim 19, Sirotkin teaches the UE of claim 18, wherein the capability message comprises CV2X connectivity information indicating: a roadside unit (RSU) connectivity capability of the UE ([0170] UE 106F may represent a pedestrian who is communicating and/or interacting in a similar manner with the vehicles represented by UEs 106D and 106E. Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0248] When both UEs participating in the sidelink positioning are in-coverage, the extension of the LCS architecture may incorporate UE-type Roadside Units (RSU) transmitting sidelink PRSs [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106. The LPP capability transfer may carry and/or include the sidelink PRS capability information, e.g., the LMF 609 may exchange the sidelink PRS capability information with the UE 106 (In the context of V2X, LMF exchanges capability information with UE 106, the capability also associated with transmitting sidelink PRSs to RSUs)); a terrestrial network (TN) connectivity capability of the UE; a non-terrestrial network (NTN) connectivity capability of the UE; or any combination thereof. Regarding claim 20, Sirotkin teaches the UE of claim 18, wherein the capability message indicates: whether the CV2X positioning capability is associated with high capabilities or low capabilities; whether the CV2X positioning capability is associated with long term evolution (LTE) positioning capabilities ([0170] Various embodiments of vehicles communicating in a network exemplified in FIG. 1 are disclosed, for example, in the context of vehicle-to-everything (V2X) communications [0249] The LMF 609 may perform an LTE positioning protocol (LPP) capability transfer with a UE, such as UE 106); whether the CV2X positioning capability is associated with global system for mobile communications (GSM) positioning capabilities; whether the CV2X positioning capability is associated with wideband code-division multiple access (WCDMA) positioning capabilities; whether the CV2X positioning capability is associated with new radio (NR) positioning capabilities; whether the CV2X positioning capability is associated with wireless wide area network (WWAN) positioning capabilities; whether the CV2X positioning capability is associated with non-terrestrial network (NTN) positioning capabilities; 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sirotkin, in view of Yu, et al (US PG Publication 2026/0270943), hereafter Feki. Regarding claim 3, Sirotkin teaches the UE of claim 1. Sirotkin does not teach wherein the one or more processors, either alone or in combination, are further configured to receive, via the one or more transceivers, from the LMF, a request for the capability message. In the same field of endeavor, Yu teaches wherein the one or more processors, either alone or in combination, are further configured to receive, via the one or more transceivers, from the LMF, a request for the capability message ([0184] The LMF requests the positioning capability from the terminal). 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 invention of Sirotkin, which includes determining a capability associated with a positioning method, to include Yu’s teaching of determining a capability associated with a positioning method, for the benefit of providing a positioning method and a communication apparatus, to reduce power consumption of a terminal in a positioning process, and meet a requirement for low power consumption (see [0002]). Claims 4, 5, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Sirotkin, in view of Kumar (US PG Publication 2022/0369085). Regarding claim 4, Sirotkin teaches the UE of claim 1. Sirotkin does not teach wherein the UE is associated with a user subscription and an original equipment manufacturer (OEM) subscription. In the same field of endeavor, Kumar teaches wherein the UE is associated with a user subscription and an original equipment manufacturer (OEM) subscription ([0069] Each subscription may be associated with, and identified by, a SIM. In an IVS (in-vehicle system) scenario, one subscription may be for the original equipment manufacture (OEM) and the other may be for a user associated with the vehicle (e.g., either the driver or a passenger). 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 invention of Sirotkin, which includes determining a capability associated with a positioning method, to include Kumar’s teaching of determining a capability associated with a positioning method, for the benefit of determining an availability of cellular vehicle-to-everything (C-V2X) service (see [0007]). Regarding claim 5, Sirotkin, in view of Kumar, teaches the UE of claim 4. Kumar further teaches wherein the CV2X positioning capability is associated with the OEM subscription ([0068] The V-UE 300 may include a modem 304 (IVS modem) providing means for communicating via at least one designated RAT (e.g., C-V2X) [0069] The two independent connections, or links, may use the same RAT or different RATs, depending on the capabilities of the modem 304. In an IVS (in-vehicle system) scenario, one subscription may be for the original equipment manufacture (OEM) [0097] Each point may represent a location at which a V2X-capable vehicle reported that C-V2X connectivity was available). 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 invention of Sirotkin, in view of Kumar, which includes determining a capability associated with a positioning method, to include Kumar’s teaching of determining a capability associated with a positioning method, for the benefit of determining an availability of cellular vehicle-to-everything (C-V2X) service (see [0007]). Regarding claim 8, Sirotkin teaches the UE of claim 1. Sirotkin does not teach wherein the capability message indicates: whether a positioning session is running based on a user subscription; whether the positioning session is running based on an original equipment manufacturer (OEM) subscription; or any combination thereof. In the same field of endeavor, Kumar teaches wherein the capability message indicates: whether a positioning session is running based on a user subscription ([0068] The V-UE 300 may include a modem 304 (IVS modem) providing means for communicating via at least one designated RAT (e.g., C-V2X) [0069] The two independent connections, or links, may use the same RAT or different RATs, depending on the capabilities of the modem 304. Each subscription may be associated with, and identified by, a SIM. In an IVS (in-vehicle system) scenario [0097] Each point may represent a location at which a V2X-capable vehicle reported that C-V2X connectivity was available); whether the positioning session is running based on an original equipment manufacturer (OEM) subscription ([0068] The V-UE 300 may include a modem 304 (IVS modem) providing means for communicating via at least one designated RAT (e.g., C-V2X) [0069] The two independent connections, or links, may use the same RAT or different RATs, depending on the capabilities of the modem 304. In an IVS (in-vehicle system) scenario, one subscription may be for the original equipment manufacture (OEM) [0097] Each point may represent a location at which a V2X-capable vehicle reported that C-V2X connectivity was available); or any combination thereof. 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 invention of Sirotkin, which includes determining a capability associated with a positioning method, to include Kumar’s teaching of determining a capability associated with a positioning method, for the benefit of determining an availability of cellular vehicle-to-everything (C-V2X) service (see [0007]). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sirotkin, in view of Sasaki (US PG Publication 2002/0035422). Regarding claim 10, Sirotkin teaches the UE of claim 1. Sirotkin does not teach wherein the capability message indicates vehicle information comprising: minimum set of data (MSD) message information; vehicle type; vehicle position; number of passengers; vehicle sensor data; or any combination thereof. In the same field of endeavor, Sasaki teaches wherein the capability message indicates vehicle information comprising: minimum set of data (MSD) message information; vehicle type; vehicle position ([0070] When operational information is sent from a vehicle to the control center, the capability of correspondence to an accident can be enhanced by determining the order of priority so that the current position of the vehicle is first sent); number of passengers; vehicle sensor data; or any combination thereof. 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 invention of Sirotkin, which includes determining a capability associated with a positioning method, to include Sasaki’s teaching of determining a capability associated with a positioning method, for the benefit of contributing to the prevention of the reoccurrence of an accident (see [0008]). Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sirotkin, in view of Feki, et al (US PG Publication 2026/0270943), hereafter Feki. Regarding claim 14, Sirotkin teaches the teaches the UE of claim 1. Sirotkin does not teach wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the LMF, a request to switch from low-capability positioning to high-capability positioning; perform, based on the request to switch from low-capability positioning to high-capability positioning, one or more positioning procedures, wherein the one or more positioning procedures comprise a wideband code-division multiple access (WCDMA) positioning procedure, a new radio (NR) positioning procedure, a wireless wide area network (WWAN) positioning procedure, a non-terrestrial network (NTN) positioning procedure, or any combination thereof; and send, via the one or more transceivers, information of the one or more positioning procedures. In the same field of endeavor, Feki teaches wherein the one or more processors, either alone or in combination, are further configured to: receive, via the one or more transceivers, from the LMF, a request to switch from low-capability positioning to high-capability positioning ([0058] A benefit of the two-step positioning method or functionality is that computational complexity and storage requirements may be distributed between the UE and the network, as well as using ML to improve accuracy [0065] LMF 500 establishes, in block 510, a policy for switching the positioning method or functionality. This is established for both a one-step positioning method or functionality and for a two-step positioning method or functionality [0068] In option 2, the switching of the positioning method or functionality is initiated by the LMF 500. In this option, the UE 505 uses 540 the ML model indicated by the indication 515 and obtains the confidence level as an output. The LMF 500 then provides to the UE 505 a request to switch the positioning method or functionality in case the LMF 500 determined that the positioning method or functionality is to be switched [0078] If the confidence level drops in this one-step approach, UE may have to decide on tradeoff between the power saving and improvement of positioning accuracy. Hence, e.g. UE may choose to switch to the two-step positioning approach (UE switches from one-step method to two-step positioning method, which has a more accurate positioning capability, the switch occurring based on a request from an LMF)); perform, based on the request to switch from low-capability positioning to high-capability positioning, one or more positioning procedures ([0068] Upon receiving the request 546, the UE 505 then applies 548 the one of more new ML models indicated using the request 546. The UE 505 also switches the positioning method or functionality that is being used), wherein the one or more positioning procedures comprise a wideband code-division multiple access (WCDMA) positioning procedure, a new radio (NR) positioning procedure ([0051] In a cellular communication network, a position of a user equipment (UE) may be determined for example by using functionality of the core network. It is to be noted that the position of the UE may also be referred to as a location of the UE and the term position and location may be used interchangeably herein. For example, 5G core may comprise a location management function (LMF) (Position of the UE determined using LMF core network functionality, the core network including 5G core network)), a wireless wide area network (WWAN) positioning procedure, a non-terrestrial network (NTN) positioning procedure, or any combination thereof; and send, via the one or more transceivers, information of the one or more positioning procedures ([0068] The UE 505 uses 540 the ML model indicated by the indication 515 and obtains the confidence level as an output. The UE 505 then provides to the LMF 500 an indication 542 which comprises the confidence level [0069] It is to be noted that the at least one new ML model may have a further confidence level associated with the output of the at least one new ML model. Correspondingly, if there is one new ML method, then that provides a confidence level associated with its output (UE uses the ML model and obtains the confidence level as an output. The UE then provides to the LMF an indication which comprises the confidence level, where for the new ML model (the positioning method the UE switched to), the UE also provides a further confidence level output to the LMF)). 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 invention of Sirotkin, which includes determining a capability associated with a positioning method, to include Feki’s teaching of determining a capability associated with a positioning method, for the benefit of providing enhancements to the accuracy of the positioning (see [0002]). Conclusion Citation of Pertinent Prior Art Not Applied The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fakoorian, et al (US PG Publication 2023/0066384), hereafter Fakoorian, teaches configuring sidelink positioning reference signals. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Frank Donado whose telephone number is (571) 270-5361. The examiner can normally be reached Mondays through Fridays between 8 am and 4 pm. Examiner interviews are available via telephone 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 Patent Examiner (SPE) Charles Appiah can be reached at 571-272-7904. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FRANK E DONADO/Examiner, Art Unit 2641 /CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641
Read full office action

Prosecution Timeline

Dec 03, 2024
Application Filed
Oct 07, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12726891
METHOD AND APPARATUS FOR EFFICIENT NEIGHBORING CELL SEARCH IN A WIRELESS COMMUNICATION NETWORK
2y 6m to grant Granted Sep 01, 2026
Patent 12713287
NETWORK NODE AND A METHOD THEREIN
2y 6m to grant Granted Aug 18, 2026
Patent 12706869
MEDIA ENHANCEMENT SYSTEM
5y 3m to grant Granted Aug 11, 2026
Patent 12707462
METHOD, APPARATUS AND COMPUTER PROGRAM
1y 0m to grant Granted Aug 11, 2026
Patent 12701482
SWITCHING CELLS BASED ON MONITORING PERFORMANCE MANAGEMENT MESSAGES
3y 7m to grant Granted Aug 04, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+58.8%)
3y 0m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 533 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month