Prosecution Insights
Last updated: April 19, 2026
Application No. 18/039,699

METHOD AND APPARATUS FOR CONTROLLING TRAINING DATA

Non-Final OA §102
Filed
May 31, 2023
Examiner
KELLS, ASHER
Art Unit
2171
Tech Center
2100 — Computer Architecture & Software
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
89%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
490 granted / 625 resolved
+23.4% vs TC avg
Moderate +11% lift
Without
With
+10.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
22 currently pending
Career history
647
Total Applications
across all art units

Statute-Specific Performance

§101
12.8%
-27.2% vs TC avg
§103
37.7%
-2.3% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
22.7%
-17.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 625 resolved cases

Office Action

§102
DETAILED ACTION This action is responsive to the preliminary amendment filed 31 May 2023 . Status of the Claims Claims 1 , 3-4, 7, 10-11, 14-16, 18-19, 22, 25-26, 28, 30-31, and 33 are currently amended. Claims 5 - 6, 8-9, 12-13, 20-21, 23-24, 27, 29, 32, and 34-36 have been canceled. Claims 1- 4, 7, 10-11, 14-19, 22, 25-26, 28, 30-31, and 33 are pending. Notice of AIA Status The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA. 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. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-4, 7, 10-11, 14-19, 22, 25-26, 28, 30-31, and 33 are rejected under 35 U.S.C. § 102(a)( 2 ) as being anticipated by Olivés et al, US 2022/0094464 A1. Regarding claim 1 , Olivés discloses a method performed by a network device, comprising: D etermining control information for training data . Applicant has defined training data as comprising “any suitable data.” Specification ¶ 104. Olivés teaches encoding control information that may carry “various information.” Olivés ¶¶ 2, 54. Furthermore, Oliv é s teaches that control information itself may be used to train a neural network. Id. ¶ 78. T ransmitting the control information for training data to a wireless device , wherein the training data is used for air-interface machine learning . Olivés teaches transferring control information from an access node to a terminal device. Olivés fig. 1, ¶ 54. The phrase “ wherein the training data is used for air-interface machine learning ” has been interpreted to recite an intended use or result. Therefore, the phrase has been afforded no limiting effect. Regarding claim 2 , which depends on claim 1, Olivés discloses wherein the training data comprises a bit/symbol sequence . Olivés teaches control information for use in cellular communication. Olivés ¶ 101. C ellular networks use bits as the fundamental unit to transmit data . Regarding claim 3 , which depends on claim 1, Olivés discloses wherein the control information for training data comprises at least one of: physical resources information for the training data, power control information for the training data, modulation type information for the training data, coding method information for the training data, mapping method information of the training data to physical resources, multi-antenna related information for the training data, or an instruction regarding how to generate a bit/symbol sequence of the training data . Olivés teaches control information comprising coding method information and/or physical resources information (e.g., CQI) . Olivés ¶ 2. Regarding claim 4 , which depends on claim 3 , Olivés discloses: wherein the coding method information for the training data comprises at least one of: an encoding bitrate, an encoding fashion, encoder structure information, a scrambling method, or a bit-interleaving method ; and/or wherein the physical resources information comprises at least one of: time resource allocation information, or frequency resource allocation information . Olivés teaches control information comprising physical resources information (e.g., CQI). Olivés ¶ 2. CQI informs the system of the maximum supported modulating and coding scheme. Regarding claim 7 , which depends on claim 1 , Olivés discloses wherein transmitting the control information for training data to the wireless device comprises: transmitting the control information for training data to the wireless device in an explicit or implicit manner, wherein in the explicit manner, a tag is added in the control information to indicate that the control information is used for the training data, or wherein in the implicit manner, the control information for training data is transmitted to the wireless device in a specific transmission scheduling . Olivés teaches the use of Physical Uplink Shared Channel (PUSCH) , which is scheduled by the network via Physical Downlink Control Channel (PDCCH) . Physical Downlink Control Channel (PDCCH) . Olivés ¶ 65. Regarding claim 10 , which depends on claim 1 , Olivés discloses wherein the control information for training data is transmitted to the wireless device in at least one of Downlink Control Information, DCI, or Radio Resource Control, RRC . Olivés teaches transmitting control information in downlink control information (DCI). Olivés ¶ 65. Regarding claim 11 , which depends on claim 1 , Olivés discloses : transmitting the training data to the wireless device based on the control information for the training data; receiving a training result of the air-interface machine learning from the wireless device; receiving the training data from the wireless device based on the control information for the training data; and applying the training data in the air-interface machine learning . Olivés teaches training a neural network using training input. Olivés ¶ 78. Regarding claim 14 , which depends on claim 1 , Olivés discloses receiving a report indicating whether the wireless device has successfully received the control information for training data from the wireless device . Olivés teaches the use of an acknowledgment (ACK). Olivés ¶ 102. Regarding claim 15 , which depends on claim 1 , Olivés discloses wherein the wireless device is a network device or a terminal device . Olivés ¶¶ 41-43. Claims 16-19, 22, 25-26, 28, and 30 are drawn to method s performed by the wireless device recited in claims 1- 4, 7, 10-11, and 14-15 , respectively. Accordingly, these claims are rejected for substantially the same reasons as indicated in the above rejections of the corresponding claims. Claim 31 is drawn to a network device that implements the method recited in claim 1. Accordingly, this claim is rejected for substantially the same reasons as indicated in the above rejection of the corresponding claim. Claim 3 3 is drawn to a wireless device that implements the method recited in claim 1. Accordingly, this claim is rejected for substantially the same reasons as indicated in the above rejection of the corresponding claim. Conclusion Although particular portions of the prior art may have been cited in support of the rejections, the specified citations are merely representative of the teachings. Other passages and figures in the cited prior art may apply. Accordingly, Applicant should consider the entirety of the cited prior art for potentially teaching all or part of the claims. The following prior art made of record and not relied upon is considered pertinent to applicant ’ s disclosure: Cheng et al., US 2019/0132840 A1, discloses a method for sending control information to a network device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Asher D Kells whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7729 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon. - Fri., 8 a.m. - 4 p.m. . 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, FILLIN "SPE Name?" \* MERGEFORMAT Kieu Vu can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-4057 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. FILLIN "Examiner Stamp" \* MERGEFORMAT Asher D. Kells Primary Examiner Art Unit 2171 /Asher D Kells/ Primary Examiner, Art Unit 2171
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Prosecution Timeline

May 31, 2023
Application Filed
Feb 27, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
89%
With Interview (+10.9%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 625 resolved cases by this examiner. Grant probability derived from career allow rate.

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