Prosecution Insights
Last updated: April 19, 2026
Application No. 18/161,769

SIMULATION AND SELECTION OF A DEPLOYMENT OF NETWORK ELEMENTS

Non-Final OA §103
Filed
Jan 30, 2023
Examiner
NGUYEN, DAVID Q
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
862 granted / 947 resolved
+29.0% vs TC avg
Minimal +4% lift
Without
With
+3.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
13 currently pending
Career history
960
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
34.0%
-6.0% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 947 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-7, 9-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Document D1 (JIA MIN ET AL: “Access Point Optimization for Reliable Indoor Localization Systems", IEEE TRANSACTIONS ON RELIABILITY, IEEE SERVICE CENTER, PISCATAWAY, NJ, US, vol. 69, no. 4, 1 December 2020 (2020-12-01), pages 1424-1436, XP011822886, ISSN: 0018-9529, DOI: 10.1109/TR.2019.2955748 . , [retrieved on 2020-11-30]. Regarding claims 1, 10 and 19, Document D1 teaches a method, a computing device of selecting a deployment of network elements (see abstract), comprising: a processor configured with processor-executable instructions to: means for obtaining information regarding a plurality of network element locations in a geographic area (see abstract: Location fingerprinting using WLAN is the most acknowledged technique for indoor localization purposes. Both accuracy and coverage can be enhanced by deploying the WLAN access points (APs) appropriately), communication characteristics of network element types suitable for deployment in the plurality of network element locations, and a deployment cost of the network elements (see abstract and par. IV: A hybrid technique is proposed to select the optimal APs configuration that merges the traditional fingerprint difference and geometric dilution of precision-based methods. A distinguishing feature of this work is the inclusion of two significant constraints, which are the consideration of walls and people attenuation factor in the optimization process), means for repeating the operations of: generating a candidate network deployment based on a selection of the network element locations and a selection of network element types (see par. IV: page 6; Algorithm 2: 4: Repeat step until leaf node), simulating performance of the candidate network deployment based on the determined network demand using a bottleneck structure model (see par. IV: page 6; Algorithm 2); and determining whether a stop condition is satisfied by the candidate network deployment (see par. IV: page 6); and means for selecting a deployment of communication network elements according to the candidate network deployment in response to determining that the stop condition is satisfied (see par. IV: page 6; Algorithm 2: end if). Document D does not mention network demand in the geographic area. However, the network demand from user equipment (UEs) in the geographic area is obvious to a person skilled in the art. In case there is no demand, no network will be deployed in an area. A network, i.e. a network element is deployed once there is demand. Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AIA ) to modify the network demand from user equipment (UEs) in the geographic area to the method of Document D in order for providing enough bandwidth and service to UEs. Regarding claims 2, 11, and 20, Document D also teaches modifying the candidate network deployment using an output of the bottleneck structure model to generate a next candidate network deployment in response to determining that the stop condition is not satisfied before performing the operations of simulating performance and determining whether the stop condition is satisfied (see par.V: multiple times refers to a limited number of repetitions, as an unlimited number of repetitions). Regarding claims 3 and 12, Document D also teaches wherein the network element types comprise one or more of a base station, a small cell, or a repeater device (see abstract). Regarding claims 4 and 13, Document D also teaches generating the candidate network deployment based on a selection of the network element locations and a selection of network element types comprises generating the candidate network deployment further based on a selection of signal routes among network elements; and selecting the deployment of communication network elements according to the candidate network deployment comprises selecting the deployment of communication network elements further based on the selection of signal routes among the network elements. (see pars. IV and V: document D1 involves a set of candidate AP positions, they must have been created. In addition, in order to simulate the operation of the network, the interconnections of the network must have been established, in order to; and provide for a credible simulation. In an operational networks the network elements are interconnected and communicate as such, hence it seems only realistic for the simulation to arrange for this types of connections, too). Regarding claims 5 and 14, Document D also teaches wherein determining whether the stop condition is satisfied by the candidate network deployment comprises determining whether the deployment cost of the network elements of the candidate network deployment meets a deployment cost condition (see par. IV). Regarding claims 6 and 15, Document D also teaches wherein determining whether the stop condition is satisfied by the candidate network deployment comprises determining whether a run time condition has been satisfied (see par. IV: page 6; Algorithm 2: end if). Regarding claims 7 and 16, Document D also teaches wherein simulating a performance of the candidate network deployment based on the determined network demand using the bottleneck structure model comprises simulating a scheduling of signals by each of the network elements (see pars. IV and V: In order to simulate an operational set of network elements, the scheduling of signals should be simulated, too, as that is the normal operational condition of the network). Regarding claims 9 and 18, Document D teaches mention wherein simulating a performance of the candidate network deployment based on the determined network demand using the bottleneck structure model (see pars. IV and V). Document D does not mention simulating a formation of beamformed signals by one or more of the network elements. However, simulating a formation of beamformed signals by one or more of the network elements in wireless communication networks is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AIA ) to modify simulating a formation of beamformed signals by one or more of the network elements in wireless communication networks to the method of Document D in order for providing good service to UEs. Allowable Subject Matter Claims 8 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art does not mention wherein simulating a performance of the candidate network deployment based on the determined network demand using the bottleneck structure model comprises using a time division water filling model for signal scheduling operations performed by one or more of the network elements, as specified in claim. Therefore, they are objected. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Q NGUYEN whose telephone number is (571)272-7844. The examiner can normally be reached Monday-Friday 7:00 AM - 3:00 PM. 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, Jinsong Hu can be reached at 5712723965. 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. /DAVID Q NGUYEN/Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Jan 30, 2023
Application Filed
Feb 16, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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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
91%
Grant Probability
95%
With Interview (+3.7%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 947 resolved cases by this examiner. Grant probability derived from career allow rate.

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