Office Action Predictor
Application No. 18/229,095

PROVIDING INCREASED CAPACITY AT AN EVENT USING CELL ON WHEELS

Non-Final OA §103
Filed
Aug 01, 2023
Examiner
DIABY, MOUSTAPHA
Art Unit
2683
Tech Center
2600 — Communications
Assignee
T-Mobile Innovations LLC
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
95%
With Interview

Examiner Intelligence

83%
Career Allow Rate
497 granted / 598 resolved
Without
With
+12.2%
Interview Lift
avg trend
2y 1m
Avg Prosecution
26 pending
624
Total Applications
career history

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data

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 . Application, filed on 08/01/2023, has been received, entered, and made of record. Currently, claims 1-20 remain pending in the application. Claim Rejections - 35 USC § 103 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. Claims 1, 4, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US 2010/0056163 A1, hereinafter referred to as Schmidt) in view of Brighenti et al. (US 2018/0199209 A1, hereinafter referred to as Brighenti). Referring to claim 1, Schmidt discloses a computer-implemented method (figs.1-2) for determining an amount of additional network capacity, displayed in a graphical user interface (GUI) (fig.1, display 28), the method comprising: displaying a user criteria segment of the GUI, wherein the user criteria segment provides data entry fields that describe metrics of user devices ([0067]-[0068] and [0070]-[0074]) (Note: the reference discloses data entry fields that describe user devices (a total number of users and a desired throughput per user for data service type; a number of peak simultaneous voice over Internet protocol (VoIP) calls and a codec that is expected to be used for the calls for voice service type)); displaying a throughput criteria segment of the GUI, wherein the throughput criteria segment comprises data entry fields for a target data throughput to be achieved based on at least one network characteristic ([0067]-[0068] and [0081]-[0084]) (Note: the reference discloses data entry fields for a target data throughput to be achieved based on at least one network characteristic (channel bandwidth, frequency division duplex (FDD), time divisional duplex (TDD). The reference further discloses that using a parameter, estimated throughput as a function of data rate, channel bandwidth and mode may be extracted using a lookup table); continuously monitoring the data entry fields of the user criteria segment and the throughput criteria segment to detect input in the data entry fields ([0067]-[0068], [0070]-[0074], and [0081]-[0084]) (Note: entries are performed by a user); and based on detecting input in at least a portion of the data entry fields, calculating one or more of a number of sectors, a number of baseband frequencies, or a backhaul amount, wherein the calculating is performed for one or more types of wireless networks ([0084], and [0093]-[0113]) (Note: a base station backhaul capacity is determined (calculated) based on data entries. The reference also calculates an estimated total number of base stations that may be interpreted as number of sectors; wherein the determination (calculating) is performed for a WiMAX network). Schmidt fails to explicitly disclose determining an amount of additional network capacity at an event. However, determining an amount of additional network capacity at an event is well known in the art as disclosed by Brighenti ([0026] and fig.6) (Note: Brighenti determines network capacity in a stadium hosting an event). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the computer-implemented method of Schmidt with the step of determining an amount of additional network capacity at an event as taught by Brighenti. The suggestion/motivation for doing so would have been to optimize a network capacity of a system having coverage zones with varying numbers of wireless devices serviced by the system. Referring to claim 4, Schmidt in view of Brighenti discloses the computer-implemented method of claim 1, except wherein the user criteria segment of the GUI comprises data entry fields for at least one of: expected attendance, spill factor, market share, radio resource control channel utilization, a ratio of active 4G user devices to radio resource control channel utilization, a ratio of 5G active user devices to radio resource control channel utilization, a percentage of 5G user devices, cellular throughput efficiency for 4G, and cellular throughput efficiency for 5G. However, it would have been an obvious matter of design choice to have a user criteria segment of the GUI that comprises data entry fields for at least one of: expected attendance, spill factor, market share, radio resource control channel utilization, a ratio of active 4G user devices to radio resource control channel utilization, a ratio of 5G active user devices to radio resource control channel utilization, a percentage of 5G user devices, cellular throughput efficiency for 4G, and cellular throughput efficiency for 5G. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the user criteria segment of the GUI of Schmidt in view of Brighenti with data entry fields for at least one of: expected attendance, spill factor, market share, radio resource control channel utilization, a ratio of active 4G user devices to radio resource control channel utilization, a ratio of 5G active user devices to radio resource control channel utilization, a percentage of 5G user devices, cellular throughput efficiency for 4G, and cellular throughput efficiency for 5G for the advantages of being an engineering design choice and to improve network planning and resource allocation. Referring to claim 5, Schmidt in view of Brighenti discloses the computer-implemented method of claim 1, except wherein the throughput criteria segment of the GUI comprises data entry fields for: target long-term evolution (LTE) downlink throughput, LTE carrier aggregation combination, target 5G downlink throughput, and 5G carrier aggregation combination. However, it would have been an obvious matter of design choice to have a throughput criteria segment of the GUI that comprises data entry fields for: target long-term evolution (LTE) downlink throughput, LTE carrier aggregation combination, target 5G downlink throughput, and 5G carrier aggregation combination. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the throughput criteria segment of the GUI of Schmidt in view of Brighenti with data entry fields for: target long-term evolution (LTE) downlink throughput, LTE carrier aggregation combination, target 5G downlink throughput, and 5G carrier aggregation combination for the advantages of being an engineering design choice and for testing, network optimization, and delivering a superior user experience. Referring to claim 6, Schmidt in view of Brighenti discloses the computer-implemented method of claim 1. Schmidt further discloses wherein the data entry fields for the user criteria segment and the throughput criteria segment comprise drop-down menu selections ([0068]) (Note: the reference discloses using drop down menus for data entry fields). Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Brighenti, and further in view of Nakamura et al. (US 2021/0168235 A1, hereinafter referred to as Nakamura). Referring to claim 2, Schmidt in view of Brighenti discloses the computer-implemented method of claim 1, except wherein the GUI further comprises a sector count design segment. However, in the same field of endeavor of a computer-implemented method art, Nakamura discloses a concept wherein the GUI further comprises a sector count design segment (fig.14 and [0226]) (Note: the GUI comprises a cell (sector) count design segment). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the computer-implemented method of Schmidt in view of Brighenti with the concept taught by Nakamura to obtain the claimed featured. The suggestion/motivation for doing so would have been to improve a network capacity, coverage, and performance. Referring to claim 3, Schmidt in view of Brighenti discloses the computer-implemented method of claim 2, except wherein the sector count design segment of the GUI comprises data entry fields for long-term evolution (LTE), LTE design throughput, new radio (NR) sector count, and NR design throughput. However, it would have been an obvious matter of design choice to have a sector count design segment of the GUI that comprises data entry fields for long-term evolution (LTE), LTE design throughput, new radio (NR) sector count, and NR design throughput. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the sector count design segment of the GUI of Schmidt in view of Brighenti with data entry fields for long-term evolution (LTE), LTE design throughput, new radio (NR) sector count, and NR design throughput for the advantages of being an engineering design choice and to improve speeds, lower latency, and increase capacity. Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Brighenti, and further in view of Shetty et al. (US 2022/0292416 A1, hereinafter referred to as Shetty). Referring to claim 7, Schmidt in view of Brighenti discloses the computer-implemented method of claim 1, except a reference data segment of the GUI. However, a reference data segment of the GUI is well known as disclosed by Shetty ([0043]) (Note: the graphical user interface module displays reference data identified, for example, in a new window or under a separate tab). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the computer-implemented method of Schmidt in view of Brighenti with the concept of a reference data segment of the GUI as taught by Shetty to obtain the claimed featured. The suggestion/motivation for doing so would have been to allow user to assign a reference value to an object or to select a reference value as search criteria for a list of object instances that match criteria. Referring to claim 8, Schmidt in view of Brighenti, and Shetty discloses the computer-implemented method of claim 7, except wherein the reference data segment of the GUI displays data fields comprising at least one of: frequency bands in each network technology, a number of long-term evolution (LTE) radio resource connected user devices, or a number of new radio (NR) radio resource connected user devices. However, it would have been an obvious matter of design choice to have a reference data segment of the GUI that displays data fields comprising at least one of: frequency bands in each network technology, a number of long-term evolution (LTE) radio resource connected user devices, or a number of new radio (NR) radio resource connected user devices. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the GUI of Schmidt in view of Brighenti, and Shetty with a reference data segment that displays data fields comprising at least one of: frequency bands in each network technology, a number of long-term evolution (LTE) radio resource connected user devices, or a number of new radio (NR) radio resource connected user devices for the advantages of being an engineering design choice and to allow user to assign frequency bands in each network technology, a number of long-term evolution (LTE) radio resource connected user devices, or a number of new radio (NR) radio resource connected user devices as search criteria. Referring to claim 9, Schmidt in view of Brighenti, and Shetty discloses the computer-implemented method of claim 8, except wherein the frequency bands in each network technology further comprises a number of channels and carrier aggregation information. However, it would have been an obvious matter of design choice to have the frequency bands in each network technology to comprise a number of channels and carrier aggregation information. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the GUI of Schmidt in view of Brighenti, and Shetty with frequency bands in each network technology that comprises a number of channels and carrier aggregation information for the advantages of being an engineering design choice and to allow user to select a number of channels and carrier aggregation information as search criteria. Claims 10, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US 2010/0056163 A1, hereinafter referred to as Schmidt) in view of Brighenti et al. (US 2018/0199209 A1, hereinafter referred to as Brighenti), and further in view of Schweikart et al. (US 2012/0293653 A1, hereinafter referred to as Schweikart). Referring to claim 10, Schmidt discloses a method for determining an amount of additional network capacity (figs.1-2), the method comprising: determining an estimated number of user devices expected ([0067]-[0068]) (Note: the reference discloses data entry fields that describe a total number of network users (user devices)); determining throughput criteria for the estimated number of user devices ([0070]) (Note: the user may enter a total number of users and a desired throughput per user. The desired throughput per user may be specified as a minimum desired data rate (e.g., in kilobits per second, or kbps) and a desired peak data rate); based on the estimated number of user devices and the throughput criteria for the estimated number of user devices, computing a number of cellular sectors needed ([0089]-[0090], [0094]-[0095], [0099]-[0102], and fig.6) (Note: an estimated total number of base stations is determined based on the estimated number of user devices and the throughput criteria for the estimated number of user devices. Cells (sectors) are determined based the estimated total number of base stations); and displaying the number of cellular sectors needed on a graphical user interface (GUI) (fig.6) (Note: base stations 60 associated with determined cells 62 are displayed on a graphical user interface (GUI)). Schmidt fails to disclose determining an amount of additional network capacity at an event and cellular on wheels (COW). However, determining an amount of additional network capacity at an event is well known in the art as disclosed by Brighenti ([0026] and fig.6) (Note: Brighenti determines network capacity in a stadium hosting an event). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the computer-implemented method of Schmidt with the step of determining an amount of additional network capacity at an event as taught by Brighenti. The suggestion/motivation for doing so would have been to optimize a network capacity of a system having coverage zones with varying numbers of wireless devices serviced by the system. Schmidt in view of Brighenti fails to disclose cellular on wheels (COW). However, cellular on wheels (COW) is well known in the art as disclosed by Schweikart (fig.2) (Note: The base station 10 includes wheels 34). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to replace the base station of Schmidt in view of Brighenti with a base station on wheels as taught by Brighenti. The suggestion/motivation for doing so would have been to enable the base station to be easily transported/moved around during the event. Referring to claim 17, the same ground of rejection provided for claim 10 is applicable herein. Schmidt discloses a non-transitory computer storage media (fig.1, memory 20) storing computer-usable instructions used by one or more processors (fig.1, processor 18) ([0060], and [0062]). Referring claim 20, Schmidt in view of Brighenti, Schweikart discloses the non-transitory computer storage media of claim 17, except wherein the throughput criteria include a target LTE downlink throughput, a LTE carrier aggregation combination, a target NR downlink throughput, and a NR carrier aggregation throughput. However, it would have been an obvious matter of design choice to have a target LTE downlink throughput, a LTE carrier aggregation combination, a target NR downlink throughput, and a NR carrier aggregation throughput as throughput criteria. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the throughput criteria of Schmidt in view of Brighenti, and Schweikart with a target LTE downlink throughput, a LTE carrier aggregation combination, a target NR downlink throughput, and a NR carrier aggregation throughput as throughput criteria for the advantages of being an engineering design choice and for testing, network optimization, and delivering a superior user experience. Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Brighenti, Schweikart, and further in view of Jia (US 2023/0021592 A1). Referring to claim 11, Schmidt in view of Brighenti and Schweikart discloses the method of claim 10, except wherein the number of user devices comprises long-term evolution (LTE) user devices and new radio (NR) device. However, the number of user devices comprises long-term evolution (LTE) user devices and new radio (NR) device is well known in the art as disclosed by Jia (fig.1 and [0028]) (Note: NR user equipment (UE)/mobile devices and LTE 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 by the applicant to replace the user devices of Schmidt in view of Brighenti and Schweikart with NR user equipment (UE)/mobile devices and LTE UEs as taught by Jia. The suggestion/motivation for doing so would have been to provide a network system capable of handling a plurality of technologies. Referring to claim 18, the same ground of rejection provided for claim 11 is applicable herein. Claims 12-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Brighenti, Schweikart, and further in view of Nakamura et al. (US 2021/0168235 A1, hereinafter referred to as Nakamura). Referring to claim 12, Schmidt in view of Brighenti, Schweikart discloses the method of claim 10, except wherein the throughput criteria include long-term evolution (LTE) and new radio (NR) technologies. However, in the same field of endeavor, Nakamura discloses wherein the throughput criteria include long-term evolution (LTE) and new radio (NR) technologies (fig.14) (Note: “NR” and “LTE” radio access technologies). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the method of Schmidt in view of Brighenti and Schweikart with a concept wherein the throughput criteria include long-term evolution (LTE) and new radio (NR) technologies as taught by Nakamura. The suggestion/motivation for doing so would have been to provide a network system capable of handling a plurality of technologies. Referring to claim 13, Schmidt in view of Brighenti, Schweikart, and Nakamura discloses the method of claim 12, except wherein the throughput criteria include a target LTE downlink throughput and a LTE carrier aggregation combination. However, it would have been an obvious matter of design choice to have a target LTE downlink throughput and a LTE carrier aggregation combination as throughput criteria. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the throughput criteria of Schmidt in view of Brighenti, Schweikart, and Nakamura with a target LTE downlink throughput and a LTE carrier aggregation combination as throughput criteria for the advantages of being an engineering design choice and for testing, network optimization, and delivering a superior user experience. Referring to claim 14, Schmidt in view of Brighenti, Schweikart, and Nakamura discloses the method of claim 12, except wherein the throughput criteria include a target 5G downlink throughput and a 5G carrier aggregation combination. However, it would have been an obvious matter of design choice to have a target 5G downlink throughput and a 5G carrier aggregation combination as throughput criteria. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the throughput criteria of Schmidt in view of Brighenti, Schweikart, and Nakamura with a target 5G downlink throughput and a 5G carrier aggregation combination as throughput criteria for the advantages of being an engineering design choice and for testing, network optimization, and delivering a superior user experience. Referring to claim 19, the same ground of rejection provided for claim 12 is applicable herein. Allowable Subject Matter Claims 15-16 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUSTAPHA DIABY whose telephone number is (571)270-1669. The examiner can normally be reached Monday-Friday: 9AM-6PM. 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, BENNY Q. TIEU can be reached at 571-272-7490. 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. /MOUSTAPHA DIABY/ Primary Examiner, Art Unit 2682
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Prosecution Timeline

Aug 01, 2023
Application Filed
Oct 28, 2025
Non-Final Rejection — §103
Mar 30, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
95%
With Interview (+12.2%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 598 resolved cases by this examiner