Prosecution Insights
Last updated: April 19, 2026
Application No. 17/601,500

COMMUNICATION APPARATUS, CONTROLLER, SYSTEM, AND METHOD

Non-Final OA §103
Filed
Oct 05, 2021
Examiner
KANG, SUK JIN
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
5 (Non-Final)
67%
Grant Probability
Favorable
5-6
OA Rounds
3y 10m
To Grant
74%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
419 granted / 629 resolved
+8.6% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
67 currently pending
Career history
696
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
62.8%
+22.8% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 629 resolved cases

Office Action

§103
DETAILED ACTION Applicant’s amendment and arguments filed September 30, 2025 is acknowledged. Claims 11, 21, and 29 have been amended. Claims 1-10, 13, 19, 20, 23, and 27 are cancelled. Claims 11, 12, 14-18, 21, 22, 24-26, and 28-33 are currently pending. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 30, 2025 has been entered. 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. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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 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. Claims 11, 12, 15-18, 21, 22, 25, 26, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (hereinafter Wang) (U.S. Patent Application Publication # 2016/0094447 A1) in view of O-RAN Alliance (hereinafter O-RAN) (Non-Patent Literature – “O-RAN Fronthaul Working Group – Control, User and Synchronization Plane Specification” – ORAN-WG4.CUS.0-v01.00). Regarding claim 11, Wang teaches a method performed by an intermediate node (routing device, figure 1) connected between an open radio access network (O-RAN) Distributed Unit (O-DU) (DU, figure 1) and at least one of O-RAN Radio Units (O-RUs) (RU, figure 1), the method comprising: communicating on a Control/User Plane (C/U Plane) interface ([0079]; interface; figure 1) with a network configuration protocol (NETCONF) client (DU, figure 1) and at least one of open radio access network (O-RAN) Radio Units (O-RUs) (RU, figure 1) in a shared cell operated by the O-RUs (RUs, figure 1) ([0079]; teaches the routing device communicates control/user data along an interface with the DU and at least one of the plurality of RUs in the shared cell; figure 1); and sending first information to the NETCONF client, the first information indicating a correspondence relationship of a first address (identity) of the intermediate node and a second address (identity) of one of the O-RUs ([0090]; [0092]; “…the routing device sends the routed CPRI data to a DU corresponding to the CPRI interface through different CPRI interfaces. In fact, the standard identity corresponds to a CPRI interface identity/serial number in the first mapping relationship table, and the routing device routes different CPRI data to each CPRI interface, and then sends the CPRI data through each CPRI interface…”; [0097]; [0134]; teaches the routing device exchanges mapping relationship information with the DU via the intermediate node; figure 1). However, Wang may not explicitly disclose wherein the first information is sent using a NETCONF based Management Plane (M-Plane), wherein the first information sent using the NETCONF is used by the NETCONF client to perform a configuration of a flow for the C/U Plane, wherein the flow is defined by a combination of a Medium Access Control (MAC) address of the intermediate node, a MAC address of the at least one O-RU, and a virtual local area network (VLAN) ID, and wherein the VLAN ID is used for the C/U Plane. Nonetheless, in the same field of endeavor, O-RAN teaches and suggests wherein the first information is sent using a NETCONF based Management Plane (M-Plane) (page 34, section 3.1.3.1.6; “…RU_Port_ID: designates logical flows such as data layers or spatial streams, and logical flows…assignment of RU_Port_ID…is done by the O-DU via the M-plane…”; page 39, section 3.4; “…Data flow separation based on VLAN (applicable when layer 2 or layer 3 is used for the C/U-plane transport)…The mechanism for assigning VLAN ID to U-Plane and C-Plane is assumed to be via the M-Plane…Data flow separation based on usage of different MAC addresses (applicable when Layer 2 is used for C/U plane transport)…separate MAC address used for M-Plane…”; teaches communicating configuration information, such as first information, using NETCONF based M-plane), wherein the first information sent using the NETCONF is used by the NETCONF client to perform a configuration of a flow for the C/U Plane, wherein the flow is defined by a combination of a Medium Access Control (MAC) address of the intermediate node, a MAC address of the at least one O-RU, and a virtual local area network (VLAN) ID, and wherein the VLAN ID is used for the C/U Plane (page 31, Figures 3-1, 3-2, 3-3; page 39, section 3.4; “…Data flow separation based on VLAN (applicable when layer 2 or layer 3 is used for the C/U-plane transport)…The mechanism for assigning VLAN ID to U-Plane and C-Plane is assumed to be via the M-Plane…Data flow separation based on usage of different MAC addresses (applicable when Layer 2 is used for C/U plane transport)…separate MAC address used for M-Plane…The U-plane application also needs to uniquely associate different data flows (e.g. spatial streams) each with a unique U/C plane endpoint address. This can be achieved un an O-RU using the eAxC identifier, and in the O-DU using the eAxC identifier in combination with transport-based endpoint identifiers to differentiate O-RUs. Different transport identifiers (e.g. UDP/IP, VLAN, MAC) can be used based on whether layer 2 or layer 3 transport is used for the U/C plane…”; teaches configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate communicating configuration information, such as first information, using NETCONF based M-plane and configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane as taught by O-RAN with the method for communicating information at an intermediate, routing device between the DU and RU as disclosed by Wang for the purpose of providing management information according the control plane, user plane and synchronization plane protocols used over the fronthaul interface linking the O-DU (O-RAN Distributed Unit) with the O-RU (O-RAN Radio Unit), as suggested by O-RAN. Regarding claims 12, 22, and 30, Wang, as modified by O-RAN, further teaches and suggests wherein the NETCONF client is the O-DU (DU, figure 1; [0004]). Regarding claims 15 and 25, Wang discloses an intermediate node for communicating with a DU and RU in a shared cell and exchanging information to the DU and RU from the intermediate node, but does not explicitly disclose wherein: based on the second information, configuration of flows for the second interface are defined by a combination of a Medium Access Control (MAC) address of the NETCONF client, a MAC address of the intermediate node, and a virtual local area network (VLAN) ID. Nonetheless, in the same field of endeavor, O-RAN further teaches and suggests wherein: based on the second information, configuration of flows for the second interface are defined by a combination of a Medium Access Control (MAC) address (MAC address) of the NETCONF client, a MAC address of the intermediate node, and a virtual local area network (VLAN) ID (page 31, Figures 3-1, 3-2, 3-3; page 39, section 3.4; “…Data flow separation based on VLAN (applicable when layer 2 or layer 3 is used for the C/U-plane transport)…The mechanism for assigning VLAN ID to U-Plane and C-Plane is assumed to be via the M-Plane…Data flow separation based on usage of different MAC addresses (applicable when Layer 2 is used for C/U plane transport)…separate MAC address used for M-Plane…The U-plane application also needs to uniquely associate different data flows (e.g. spatial streams) each with a unique U/C plane endpoint address. This can be achieved un an O-RU using the eAxC identifier, and in the O-DU using the eAxC identifier in combination with transport-based endpoint identifiers to differentiate O-RUs. Different transport identifiers (e.g. UDP/IP, VLAN, MAC) can be used based on whether layer 2 or layer 3 transport is used for the U/C plane…”; teaches configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate communicating configuration information, such as first information, using NETCONF based M-plane and configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane as taught by O-RAN with the method for communicating information at an intermediate, routing device between the DU and RU as disclosed by Wang, as modified by O-RAN, for the purpose of providing management information according the control plane, user plane and synchronization plane protocols used over the fronthaul interface linking the O-DU (O-RAN Distributed Unit) with the O-RU (O-RAN Radio Unit), as suggested by O-RAN. Regarding claims 16 and 26, Wang, as modified by O-RAN, further teaches and suggests wherein the first address is a port number of the intermediate node (routing device, figure 1) ([0019]; [0171]; teaches the identification information is a port number associated with the routing device and the RU). Regarding claim 17, Wang, as modified by O-RAN, discloses an intermediate node for communicating with a DU and RU in a shared cell and exchanging information to the DU and RU from the intermediate node, but does not explicitly disclose wherein the second address is a Medium Access Control (MAC) address of the one of the O-RU(s). Nonetheless, in the same field of endeavor, Janaaththanan further teaches and suggests wherein the second address (MAC address) is a Medium Access Control (MAC) address of the one of the O-RU(s) (page 31, Figures 3-1, 3-2, 3-3; page 39, section 3.4; “…Data flow separation based on VLAN (applicable when layer 2 or layer 3 is used for the C/U-plane transport)…The mechanism for assigning VLAN ID to U-Plane and C-Plane is assumed to be via the M-Plane…Data flow separation based on usage of different MAC addresses (applicable when Layer 2 is used for C/U plane transport)…separate MAC address used for M-Plane…The U-plane application also needs to uniquely associate different data flows (e.g. spatial streams) each with a unique U/C plane endpoint address. This can be achieved un an O-RU using the eAxC identifier, and in the O-DU using the eAxC identifier in combination with transport-based endpoint identifiers to differentiate O-RUs. Different transport identifiers (e.g. UDP/IP, VLAN, MAC) can be used based on whether layer 2 or layer 3 transport is used for the U/C plane…”; teaches configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate communicating configuration information, such as first information, using NETCONF based M-plane and configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane as taught by O-RAN with the method for communicating information at an intermediate, routing device between the DU and RU as disclosed by Wang, as modified by O-RAN, for the purpose of providing management information according the control plane, user plane and synchronization plane protocols used over the fronthaul interface linking the O-DU (O-RAN Distributed Unit) with the O-RU (O-RAN Radio Unit), as suggested by O-RAN. Regarding claims 18 and 28, Wang, as modified by O-RAN, further teaches and suggests wherein the third address is a port number of the intermediate node (routing device, figure 1) ([0019]; [0171]; teaches the identification information is a port number associated with the routing device and the RU). Regarding claims 21 and 29, Wang teaches a method and a network configuration protocol (NETCONF) client (DU, figure 1) comprising: a transceiver (inherent component of the DU; figure 1); and a processor (inherent component of the DU; figure 1) configured to control the transceiver to: communicate on a Control/User Plane (C/U Plane) interface ([0079]; interface; figure 1) with at least one of open radio access network (O-RAN) Radio Units (O-RUs) (RUs, figure 1) in a shared cell via an intermediate node (routing device, figure 1) connected between an O-RAN Distributed Unit (O-DU) (DU, figure 1) and at least one of the O-RUs (RU, figure 1) ([0079]; teaches the routing device communicates control/user data along an interface with the DU and at least one of the plurality of RUs in the shared cell; figure 1); and receive first information from the intermediate node, the first information indicating a correspondence relationship of a first address (identity) of the intermediate node and a second address (identity) of one of the O-RUs, wherein the shared cell is operated by the O-RUs ([0090]; [0092]; “…the routing device sends the routed CPRI data to a DU corresponding to the CPRI interface through different CPRI interfaces. In fact, the standard identity corresponds to a CPRI interface identity/serial number in the first mapping relationship table, and the routing device routes different CPRI data to each CPRI interface, and then sends the CPRI data through each CPRI interface…”; [0097]; [0134]; teaches the routing device exchanges mapping relationship information with the DU via the intermediate node; figure 1). However, Wang may not explicitly disclose wherein the first information is received using a NETCONF based Management Plane (M-Plane), wherein the first information is received using the NETCONF is used by the NETCONF client to perform a configuration of a flow for the C/U Plane, wherein the flow is defined by a combination of a Medium Access Control (MAC) address of the intermediate node, a MAC address of the at least one O-RU, and a virtual local area network (VLAN) ID, and wherein the VLAN ID is used for the C/U Plane. Nonetheless, in the same field of endeavor, O-RAN teaches and suggests wherein the first information is received using a NETCONF based Management Plane (M-Plane) (page 34, section 3.1.3.1.6; “…RU_Port_ID: designates logical flows such as data layers or spatial streams, and logical flows…assignment of RU_Port_ID…is done by the O-DU via the M-plane…”; page 39, section 3.4; “…Data flow separation based on VLAN (applicable when layer 2 or layer 3 is used for the C/U-plane transport)…The mechanism for assigning VLAN ID to U-Plane and C-Plane is assumed to be via the M-Plane…Data flow separation based on usage of different MAC addresses (applicable when Layer 2 is used for C/U plane transport)…separate MAC address used for M-Plane…”; teaches communicating configuration information, such as first information, using NETCONF based M-plane), wherein the first information is received using the NETCONF is used by the NETCONF client to perform a configuration of a flow for the C/U Plane, wherein the flow is defined by a combination of a Medium Access Control (MAC) address of the intermediate node, a MAC address of the at least one O-RU, and a virtual local area network (VLAN) ID, and wherein the VLAN ID is used for the C/U Plane (page 31, Figures 3-1, 3-2, 3-3; page 39, section 3.4; “…Data flow separation based on VLAN (applicable when layer 2 or layer 3 is used for the C/U-plane transport)…The mechanism for assigning VLAN ID to U-Plane and C-Plane is assumed to be via the M-Plane…Data flow separation based on usage of different MAC addresses (applicable when Layer 2 is used for C/U plane transport)…separate MAC address used for M-Plane…The U-plane application also needs to uniquely associate different data flows (e.g. spatial streams) each with a unique U/C plane endpoint address. This can be achieved un an O-RU using the eAxC identifier, and in the O-DU using the eAxC identifier in combination with transport-based endpoint identifiers to differentiate O-RUs. Different transport identifiers (e.g. UDP/IP, VLAN, MAC) can be used based on whether layer 2 or layer 3 transport is used for the U/C plane…”; teaches configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate communicating configuration information, such as first information, using NETCONF based M-plane and configuration of data flows for C/U-plane, wherein the flow is defined by a MAC address of the nodes and VLAN ID for the C/U-plane as taught by O-RAN with the method for communicating information at an intermediate, routing device between the DU and RU as disclosed by Wang for the purpose of providing management information according the control plane, user plane and synchronization plane protocols used over the fronthaul interface linking the O-DU (O-RAN Distributed Unit) with the O-RU (O-RAN Radio Unit), as suggested by O-RAN. Claims 14 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (hereinafter Wang) (U.S. Patent Application Publication # 2016/0094447 A1) in view of O-RAN Alliance (hereinafter O-RAN) (Non-Patent Literature – “O-RAN Fronthaul Working Group – Control, User and Synchronization Plane Specification” – ORAN-WG4.CUS.0-v01.00), and further in view of JANAATHTHANAN et al. (hereinafter Janaaththanan) (WIPO International Publication # WO 2011/0158966 A1). Regarding claims 14 and 24, Wang, as modified by O-RAN, discloses an intermediate node for communicating with a DU and RU in a shared cell and exchanging information to the DU and RU from the intermediate node, but does not explicitly disclose the second information indicating a third address of the intermediate node for the intermediate node to communicate with the NETCONF client. Nonetheless, in the same field of endeavor, Janaaththanan further teaches and suggests the second information indicating a third address (MAC address) of the intermediate node for the intermediate (relay, figure 4) node to communicate with the NETCONF client (D-eNB, figure 4) (page 14, lines 23-25; page 15, lines 1-11; page 16, lines 15-20; page 17, liens 1-12; teaches communication information indicating a correspondence between a MAC address/entity associated with the relay node and the MAC address/entity associated with one of the UEs). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate communication information indicating a correspondence between a MAC address/entity associated with the relay node and the MAC address/entity associated with one of the UEs as taught by Janaaththanan with the method for communicating information at an intermediate node between the DU and RU as disclosed by Wang, as modified by O-RAN, for the purpose of efficiently configuring a relay for communicating information between network nodes by varying the number of MAC entities, as suggested by Janaaththanan. Claims 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (hereinafter Wang) (U.S. Patent Application Publication # 2016/0094447 A1) in view of O-RAN Alliance (hereinafter O-RAN) (Non-Patent Literature – “O-RAN Fronthaul Working Group – Control, User and Synchronization Plane Specification” – ORAN-WG4.CUS.0-v01.00), and further in view of SOHN et al. (hereinafter Sohn) (U.S. Patent Application Publication # 2018/0287655 A1). Regarding claims 31, 32, and 33, Wang, as modified by O-RAN, discloses an intermediate node for communicating with a DU and RU in a shared cell and exchanging information to the DU and RU from the intermediate node, but does not explicitly disclose wherein the intermediate node is a first cascaded O-RU, wherein the O-RUs comprise a second cascaded O-RU connected to the first cascaded O-RU, and wherein the first information sent to the NETCONF client is information indicating a correspondence relationship of a first address of the first cascaded O-RU and a second address of the second cascaded O-RU. Nonetheless, in the same field of endeavor, Sohn teaches and suggests wherein the intermediate node is a first cascaded O-RU (RU, 100(1), figure 3), wherein the O-RUs comprise a second cascaded O-RU (RU, 100(2), figure 3) connected to the first cascaded O-RU, and wherein the first information sent to the NETCONF client (DU, 200, figure 3) is information indicating a correspondence relationship of a first address of the first cascaded O-RU and a second address of the second cascaded O-RU ([0024]; [0034]; [0038]; teaches a first RU is the intermediate node between the DU and the second RU and identification information of the RUs is communicated with the DU). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first RU is the intermediate node between the DU and the second RU and identification information of the RUs is communicated with the DU as taught by Sohn with the method for communicating information at an intermediate node between the DU and RU as disclosed by Wang, as modified by O-RAN, for the purpose of efficiently configuring a relay for communicating information between network nodes by varying the number of nodes to decrease distortion, as suggested by Sohn. Response to Arguments Applicant's arguments with respect to claims 11, 12, 14-18, 21, 22, 24-26, and 28-33 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUK JIN KANG whose telephone number is (571) 270-1771. The examiner can normally be reached on Monday-Friday 8am-5pm. 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, Chirag Shah can be reached on (571) 272-3144. 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. 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. /Suk Jin Kang/ Examiner, Art Unit 2477 December 11, 2025
Read full office action

Prosecution Timeline

Oct 05, 2021
Application Filed
Oct 05, 2021
Response after Non-Final Action
Oct 21, 2023
Non-Final Rejection — §103
Feb 15, 2024
Response Filed
May 01, 2024
Final Rejection — §103
Aug 01, 2024
Examiner Interview Summary
Aug 01, 2024
Applicant Interview (Telephonic)
Aug 06, 2024
Response after Non-Final Action
Aug 21, 2024
Response after Non-Final Action
Sep 09, 2024
Request for Continued Examination
Sep 11, 2024
Response after Non-Final Action
Oct 19, 2024
Non-Final Rejection — §103
Feb 14, 2025
Response Filed
May 23, 2025
Final Rejection — §103
Sep 30, 2025
Request for Continued Examination
Oct 02, 2025
Response after Non-Final Action
Dec 11, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
67%
Grant Probability
74%
With Interview (+7.0%)
3y 10m
Median Time to Grant
High
PTA Risk
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