Prosecution Insights
Last updated: April 19, 2026
Application No. 18/264,135

CONTROL SIGNALING FOR WIRELESS COMMUNICATION NETWORK

Non-Final OA §101§102§103
Filed
Aug 03, 2023
Examiner
JOHNSON, AMY COHEN
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
2y 7m
To Grant
80%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
284 granted / 499 resolved
-1.1% vs TC avg
Strong +23% interview lift
Without
With
+22.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
342 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 499 resolved cases

Office Action

§101 §102 §103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION Status of Case This communication is in response to the filing of Application 18/264,135 by PARKVALL et al. for “CONTROL SIGNALING FOR WIRELESS COMMUNICATION NETWORK”, filed on 08/03/2023. Per the 08/03/2023 claim amendments, claim 3 is cancelled and claims 1-14, 16-21 are pending. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because software instructions are directed to program code, which is not a process, machine, manufacture, or composition of matter. Independent claim 14 is not directed to any of the four statutory categories under 35 U.S.C. 101. A “computer storage medium storing a computer program comprising instructions” is not a process, machine, manufacture, or composition of matter. Instructions are software per say. Although the claim recites “circuitry” for enacting the “instructions”, the claimed functions are being performed by the instructions, which is directed to software. Furthermore, independent claim 14 recites the term “computer storage medium”. The supporting specification as published (US20240106572A1) at paragraphs 81-82 describes a storage medium as being comprised by a carrier medium which includes signals. Therefore, the computer storage medium as currently recited encompasses transitory forms of signal transmission. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-9, 11-12, 14 and 16-20 are rejected under 35 U.S.C. 102(a)1 as being anticipated by HWANG et al. (US20190335210A1), hereinafter HWANG. Regarding claim 1, HWANG teaches A method of operating a wireless device in a wireless communication network, the method comprising: (HWANG, Fig. 2, in light of claim 1, teaches an apparatus (i.e. wireless device) in a wireless communication network.) transmitting, to a network node, control information in a signaling structure, (HWANG, Fig. 2, paragraph 39, in light of claim 1, teaches the apparatus transmitting, to subscriber terminal (i.e. network node), a control message (i.e. control information), and the structure of the control message is further described by Figs. 6A-6E.) the signaling structure comprising a content header, (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602, either or both corresponding to a content header because the type and length field(s) comprise information (i.e. content) and are located ahead (i.e. prior) to the payload field 604.) the content header being indicative of one or both size and type of one or more control information substructures of the signaling structure. (HWANG, Fig. 6B, paragraph 63, teach the message type field 601 (i.e. indicative of type) and length field 602 (i.e. indicative of size) of table information 611 (i.e. more control information substructures of the signaling structure.) Regarding claim 2, HWANG teaches A wireless device for a wireless communication network, the wireless device being adapted for transmitting configured to: (HWANG, Fig. 2, in light of claim 1, teaches an apparatus (i.e. wireless device) in a wireless communication network configured to transmit a control message.) transmit, to a network node, control information in a signaling structure, (HWANG, Fig. 2, paragraph 39, in light of claim 1, teaches the apparatus transmitting, to subscriber terminal (i.e. network node), the control message (i.e. control information), and the structure of the control message is further described by Figs. 6A-6E.) the signaling structure comprising a content header, (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602, either or both corresponding to a content header because the type and length field(s) comprise information (i.e. content) and are located ahead (i.e. prior) to the payload field 604.) the content header being indicative of one or both size and type of one or more control information substructures of the signaling structure. (HWANG, Fig. 6B, paragraph 63, teach the message type field 601 (i.e. indicative of type) and length field 602 (i.e. indicative of size) of table information 611 (i.e. more control information substructures of the signaling structure.) Regarding claim 3, HWANG teaches A method of operating a network node in a wireless communication network, the method comprising: (HWANG, Fig. 2, in light of claim 1, teaches a subscriber terminal (i.e. network node) in a wireless communication network.) receiving, from a wireless device, control information in a signaling structure, (HWANG, Fig. 2, paragraph 39, in light of claim 1, teaches the subscriber terminal receiving, from an apparatus (Fig. 2, claim 1), a control message (i.e. control information), and the structure of the control message is further described by Figs. 6A-6E.) the signaling structure comprising a content header, (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602, either or both corresponding to a content header because the type and length field(s) comprise information (i.e. content) and are located ahead (i.e. prior) to the payload field 604.) the content header being indicative of one or both size and type of one or more control information substructures of the signaling structure. (HWANG, Fig. 6B, paragraph 63, teach the message type field 601 (i.e. indicative of type) and length field 602 (i.e. indicative of size) of table information 611 (i.e. more control information substructures of the signaling structure.) Regarding claim 4, HWANG teaches A network node for a wireless communication network, the network node configured to: (HWANG, Fig. 2, in light of claim 1, teaches a subscriber terminal (i.e. network node) in a wireless communication network.) receive, from a wireless device, control information in a signaling structure, (HWANG, Fig. 2, paragraph 39, in light of claim 1, teaches the subscriber terminal receiving, from an apparatus (Fig. 2, claim 1), a control message (i.e. control information), and the structure of the control message is further described by Figs. 6A-6E.) the signaling structure comprising a content header, (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602, either or both corresponding to a content header because the type and length field(s) comprise information (i.e. content) and are located ahead (i.e. prior) to the payload field 604.) the content header being indicative of one or both size and type of one or more control information substructures of the signaling structure. (HWANG, Fig. 6B, paragraph 63, teach the message type field 601 (i.e. indicative of type) and length field 602 (i.e. indicative of size) of table information 611 (i.e. more control information substructures of the signaling structure.) Regarding claim 5, HWANG teaches the method according to claim 1, wherein the control information is transmitted on resources allocated for a data channel. (HWANG, paragraphs 70-71, Table 1, teach the control information is transmitted on in fields (i.e. resources) allocated for a broadcast channel (i.e. data channel).) Regarding claim 6, HWANG teaches the method according to claim 1, wherein one or more control information substructures carry one or more different types of control information. (HWANG, Fig. 2, see “MMT ASSETS”, paragraph 40, teach that each of the multimedia data corresponding to the video/audio/application provided for a specific content is defined as an “MMT asset”. Furthermore, Fig. 6B, paragraph 63, teach table information field 611 comprising control information substructures carrying open or more different types of control information.) Regarding claim 7, HWANG teaches the method according to claim 1, wherein the content header comprises one or more bit fields, each bit field indicating one or both of a size and a type of a control information substructure. (HWANG, Fig. 6B, paragraph 63, teach the message type field and length field 602 comprising one or more bit fields indicating size and type of table information 611.) Regarding claim 8, HWANG teaches the method according to claim 1, wherein the content header comprises one or both consecutive and non-consecutive bit fields. (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602 comprising consecutive bit fields.) Regarding claim 9, HWANG teaches the method according to claim 1, wherein the content header and the control information substructures are jointly encoded. (HWANG, paragraph 40 teaches that the subscriber's terminal receiving the multimedia frame hybrid delivered through the heterogeneous networks extracts multimedia data corresponding to a desired content from the multimedia frame, and may provide a user with a combined (i.e. jointly encoded) video/audio/application based on the extracted multimedia data.) Regarding 11, HWANG teaches the method according to claim 1, wherein the signaling structure comprises one or both data signaling and higher layer control information. (HWANG, Fig. 3, paragraph 43, teach physical layer 360 and data link layer 350.) Regarding claim 12, HWANG teaches the method according to claim 1, wherein the signaling structure comprises one or more substructures associated to one or both: physical layer signaling; and Medium Access Control layer signaling. (HWANG, Fig. 3, paragraph 43, teach physical layer 360.) Regarding claim 14, HWANG teaches A computer storage medium storing a computer program comprising instructions causing processing circuitry to one or both control and perform a method, the method comprising: (HWANG, Fig. 2, in light of claim 1, teaches an apparatus (i.e. wireless device) in a wireless communication network configured to transmit a control message. Furthermore, paragraph 98 teaches embodiments comprising instructions stored on one or more non-transitory processor readable mediums.) transmitting, to a network node, control information in a signaling structure, (HWANG, Fig. 2, paragraph 39, in light of claim 1, teaches the apparatus transmitting, to subscriber terminal (i.e. network node), a control message (i.e. control information), and the structure of the control message is further described by Figs. 6A-6E.) the signaling structure comprising a content header, (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602, either or both corresponding to a content header because the type and length field(s) comprise information (i.e. content) and are located ahead (i.e. prior) to the payload field 604.) the content header being indicative of one or both size and type of one or more control information substructures of the signaling structure. (HWANG, Fig. 6B, paragraph 63, teach the message type field 601 (i.e. indicative of type) and length field 602 (i.e. indicative of size) of table information 611 (i.e. more control information substructures of the signaling structure.) Regarding claim 16, HWANG teaches the method according to claim 3, wherein the control information is transmitted on resources allocated for a data channel. (HWANG, paragraphs 70-71, Table 1, teach the control information is transmitted on in fields (i.e. resources) allocated for a broadcast channel (i.e. data channel).) Regarding claim 17, HWANG teaches the method according to claim 3, wherein one or more control information substructures carry one or more different types of control information. (HWANG, Fig. 2, see “MMT ASSETS”, paragraph 40, teach that each of the multimedia data corresponding to the video/audio/application provided for a specific content is defined as an “MMT asset”. Furthermore, Fig. 6B, paragraph 63, teach table information field 611 comprising control information substructures carrying open or more different types of control information.) Regarding claim 18, HWANG teaches the method according to claim 3, wherein the content header comprises one or more bit fields, each bit field indicating one or both of a size and a type of a control information substructure. (HWANG, Fig. 6B, paragraph 63, teach the message type field and length field 602 comprising one or more bit fields indicating size and type of table information 611.) Regarding claim 19, HWANG teaches the method according to claim 3, wherein the content header comprises one or both consecutive and non-consecutive bit fields. (HWANG, Fig. 6A, paragraph 62, teaches the signaling structure comprising a message type field 601 and length field 602 comprising consecutive bit fields.) Regarding claim 20, HWANG teaches the method according to claim 3, wherein the content header and the control information substructures are jointly encoded. (HWANG, paragraph 40 teaches that the subscriber's terminal receiving the multimedia frame hybrid delivered through the heterogeneous networks extracts multimedia data corresponding to a desired content from the multimedia frame, and may provide a user with a combined (i.e. jointly encoded) video/audio/application based on the extracted multimedia data.) 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 10, 13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over HWANG et al. (US20190335210A1), hereinafter HWANG, in view of Parkvall et al. (US20170331670A1), hereinafter PARKVALL. Regarding claim 10, although HWANG teaches all the limitations with respect to claim 1 above, HWANG does not describe wherein the signaling structure comprises one of both: one or more substructures subject to an acknowledgement information process; and one or more substructures not subject to an acknowledgement information process. PARKVALL in the same field of endeavor teaches wherein the signaling structure comprises one of both: one or more substructures subject to an acknowledgement information process; and one or more substructures not subject to an acknowledgement information process. (PARKVALL, paragraph 1844, teach UE decision and acknowledgement via determining acknowledgement or rejection of resources.) Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PARKVALL with the teachings of HWANG to configure the signaling structure as one or more substructures subject to an acknowledgement information process, and one or more substructures not subject to an acknowledgement information process. The motivation would be to fast change resource share among each links to adapt to diverse link quality variations for links with the same frequency band (PARKVALL, paragraph 1844). Regarding claim 13, although HWANG teaches all the limitations with respect to claim 1 above, HWANG does not describe wherein the signaling structure comprises one or both of: at least one control information substructure comprising acknowledgement information pertaining to first transmission of subject transmission; and at least one control information substructure comprising acknowledgement information pertaining to re-transmitted subject transmission. PARKVALL in the same field of endeavor teaches wherein the signaling structure comprises one or both of: at least one control information substructure comprising acknowledgement information pertaining to first transmission of subject transmission; and at least one control information substructure comprising acknowledgement information pertaining to re-transmitted subject transmission. (PARKVALL, paragraph 1844, teach acknowledgement information pertaining to specified transmission of subject transmission.) Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PARKVALL with the teachings of HWANG to configure the signaling structure comprises one or both of at least one control information substructure comprising acknowledgement information pertaining to first transmission of subject transmission; and at least one control information substructure comprising acknowledgement information pertaining to re-transmitted subject transmission. The motivation would be to fast change resource share among each links to adapt to diverse link quality variations for links with the same frequency band (PARKVALL, paragraph 1844). Regarding claim 21, although HWANG teaches all the limitations with respect to claim 3 above, HWANG does not describe wherein the signaling structure comprises one of both: one or more substructures subject to an acknowledgement information process; and one or more substructures not subject to an acknowledgement information process. PARKVALL in the same field of endeavor teaches wherein the signaling structure comprises one of both: one or more substructures subject to an acknowledgement information process; and one or more substructures not subject to an acknowledgement information process. (PARKVALL, paragraph 1844, teach UE decision and acknowledgement via determining acknowledgement or rejection of resources.) Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of PARKVALL with the teachings of HWANG to configure the signaling structure as one or more substructures subject to an acknowledgement information process, and one or more substructures not subject to an acknowledgement information process. The motivation would be to fast change resource share among each links to adapt to diverse link quality variations for links with the same frequency band (PARKVALL, paragraph 1844). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sengupta et al. (US20200383167A1) is directed towards indicating beam failure detection (BFD) and/or beam failure recovery (BFR) information for secondary cells (SCells) (Abstract). More particularly, Fig. 8, paragraphs 111-112, teach MAC PDU 801 comprising MAC sub-header and a MAC service data unit. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALLI Z BUTT whose telephone number is (571)272-5822. The examiner can normally be reached on 9:00 AM - 5.30 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, CHARLES JIANG can be reached on 571-270-7191. 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. /WALLI Z BUTT/Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Aug 03, 2023
Application Filed
Nov 15, 2025
Non-Final Rejection — §101, §102, §103 (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
57%
Grant Probability
80%
With Interview (+22.9%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 499 resolved cases by this examiner. Grant probability derived from career allow rate.

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