Prosecution Insights
Last updated: May 29, 2026
Application No. 18/218,531

PROVISION DETERMINATION SYSTEM, PROVISION DETERMINATION APPARATUS, AND PROVISION DETERMINATION METHOD

Non-Final OA §112
Filed
Jul 05, 2023
Priority
Jul 08, 2022 — JP 2022-110745
Examiner
PHAN, HANH
Art Unit
2634
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1019 granted / 1149 resolved
+26.7% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
10 currently pending
Career history
1156
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
58.3%
+18.3% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1149 resolved cases

Office Action

§112
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 § 112 2. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, line 3, the phrase “the at least one processor executing:” is unclear or undefined. What element stores instructions that when executed by the at least one processor causes the at least one processor to operations. Regarding claim 6, line 3, the phrase “the at least one processor executing:” is unclear or undefined. What element stores instructions that when executed by the at least one processor causes the at least one processor to operations. Allowable Subject Matter Claims 1-10 are allowed (if overcome the 112 rejection above). Claims 11-15 are allowed. The following is an examiner’s statement of reasons for allowance: Claims 1-15 are allowable because Britz et al (US Patent No. 9,571,190), Lantz et al (US Patent No. 11,705,967), and Clark (Pub. No.: US 2002/0131123), takes alone or in combination, fails to teach an obtaining process of obtaining information indicating a load of communication of a first free-space optical communication apparatus connected to a free-space optical communication network; and a determining process of making a determination on necessity for provision of a second free-space optical communication apparatus connected to the free-space optical communication network, the determination being made in accordance with the information indicating the load of the communication. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion 7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Britz et al (US Patent No. 9,571,190) discloses optical/radio local acess network. Lantz et al (US Patent No. 11,705,967) discloses reacquiring communication link based on historical data. Clark (Pub. No.: US 2002/0131123) discloses free space optical communication network. 8. Any inquiry concerning this communication or earlier communications From the examiner should be directed to Hanh Phan whose telephone number is (571)272-3035. If attempts to reach the examiner by telephone are unsuccessful the examiner's supervisor, Kenneth Vanderpuye, can be reached on (571)272-3078. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)305-4700. /HANH PHAN/Primary Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

Jul 05, 2023
Application Filed
May 20, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12627375
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Patent 12607538
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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
89%
Grant Probability
95%
With Interview (+6.6%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1149 resolved cases by this examiner. Grant probability derived from career allowance rate.

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