Prosecution Insights
Last updated: August 09, 2026
Application No. 18/284,996

LOAD BALANCING USING DYNAMIC DUAL ACTIVE PROTOCOL STACKS

Final Rejection §103
Filed
Sep 29, 2023
Priority
Mar 30, 2021 — provisional 63/167,921 +1 more
Examiner
NGUYEN, BAO G
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
InterDigital Inc.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
268 granted / 363 resolved
+15.8% vs TC avg
Minimal +4% lift
Without
With
+3.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
32 currently pending
Career history
415
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 363 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 . Response to Arguments Applicant’s arguments, filed 12/16/25, with respect to the rejection(s) of claim(s) 19-36 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Abdel (Pub No 20220086689) in view of Kim (Pub No 20190387535) and newly cited チェン (JP-2020535667-A) Regarding claim 19, The applicant argues that the prior art does not teach the amended limitation. The examiner relies on newly cited チェン (JP-2020535667-A) to teach the amended limitation. 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. Claim(s) 19-26, 28-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdel (Pub No 20220086689) in view of Kim (Pub No 20190387535) and チェン (JP-2020535667-A) Regarding claim 19 and 28, Abdel teaches A wireless transmit/receive unit (WTRU) comprising: a processor configured to: perform a single communication operation with a first network entity; (interpreted as the UE 102 and the eNB 108 can establish the LTE connection 118. Establishment of the LTE connection 118 can include establishing one or more bearers associated with the LTE connection 118, see para [0092]) perform a first dual communication operation based on a first amount of data associated with the bearer being above the data threshold, wherein the first dual communication operation comprises communicating with the first network entity and a second network entity; (interpreted as For example, the dual connectivity controller component 122 can control a dual connectivity connection based at least in part on the downlink data for UE 206, the base station capability data 208, the UE state data 210, the UE capability data 212, the location data 214, and/or the machine learned data 216, see para [0039]. Also see The capability data 208 can also be based at least in part on an amount of traffic and/or congestion at the device 200 or associated with an LTE and/or NR connection, see para [0043]. Also see The dual connectivity controller component 122 can determine a data threshold for maintaining a single connection, initiating an EN-DC connection, or downgrading a connection based on such UE state data 210. para [0044]) release the first dual communication operation based on a second amount of data associated with the bearer being below the data threshold, wherein releasing the first dual communication operation comprises communicating with a single network entity, and wherein the single network entity is the first network entity; (interpreted as The dual connectivity controller component 122 can use the data illustrated in FIG. 2 to determine threshold(s) for maintaining a single connection, initiating an EN-DC connection, and/or downgrading to a single connection, para [0039]) based on a third amount of data associated with the bearer being above the data threshold, perform a second dual communication operation, wherein the second dual communication operation comprises communicating with the first network entity and a third network entity. (interpreted as If the data is above the first threshold (e.g., “yes” in operation 306) (and by how far above the threshold and for how long), operation 312 can include establishing dual connectivity (e.g., establishing an EN-DC connection between the UE 102, the eNB 108, and the gNB 110), see para [0069]) However Abdel does not teach receive configuration information, wherein the configuration information comprises information associated with a performance of a dual communication operation, and wherein the configuration information indicates a bearer associated with the dual communication operation and a data threshold associated with the bearer; Kim teaches receive configuration information, wherein the configuration information comprises information associated with a performance of a dual communication operation, and wherein the configuration information indicates a bearer associated with the dual communication operation and a data threshold associated with the bearer; (interpreted as The message may include configuration information for each logical channel, configuration information for each bearer, configuration information of a PDCP entity, configuration information of an RLC entity, or configuration information of a MAC entity. In addition, the base station may configure configuration information of a PDCP entity, bearer identifiers, logical channel identifiers, mapping information between the logical channels and the cells (frequencies), cell group configuration information, a threshold value to be used for dual-connectivity, and the like through the message, see para [0145]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the threshold for dual connectivity taught by Abdel with the configuration information for dual connectivity parameters as taught by Kim with the motivation being to increase efficiency by giving the UE parameters for establishing the dual communications. However Abdel in view of Kim does not teach send an indication, wherein the indication indicates that the dual communication operation is released. チェン teaches send an indication, wherein the indication indicates that the dual communication operation is released. (interpreted as gNB 2 may send an RRC connection reconfiguration message to the UE 106 indicating that the dual connection will be released. The UE 106 may release the gNB 1 from the DC configuration, or may send the RRC connection reset completion completion message back to the gNB 2, pg 13 line 1-6) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine dual communication release taught by Abdel in view of Kim with the dual communication release indication as taught by チェンwith the motivation being to update the devices in the network the communication status. Regarding claim 20 and 29, Abdel teaches The WTRU of claim 19, wherein the first network entity is a first cell or a first base station, and wherein the second network entity is a second cell or a second base station. (interpreted as In some examples, the eNB 108 and the gNB 110 may be located at the same cell site. In other examples, the eNB 108 and the gNB 110 may be located at different cell sites, see para [0022]) Regarding claim 21 and 30, Abdel teaches The WTRU of claim 19, wherein the release of the first dual communication operation is further based on if a release condition associated with releasing dual communication operation is satisfied or if a release indication has been received, wherein the release condition is associated with one or more of a time threshold, a radio quality, a load condition, or a WTRU-specific condition, and wherein the WTRU-specific condition is associated with a buffer associated with the WTRU. (interpreted as The dual connectivity controller component 122 can use the data illustrated in FIG. 2 to determine threshold(s) for maintaining a single connection, initiating an EN-DC connection, and/or downgrading to a single connection. For example, the dual connectivity controller component 122 can control a dual connectivity connection based at least in part on the downlink data for UE 206, the base station capability data 208, the UE state data 210, the UE capability data 212, the location data 214, and/or the machine learned data 216, see para [0039]-[0041]) Regarding claim 22 and 31, Abdel teaches The WTRU of claim 21, wherein the configuration information further comprises the release condition associated with releasing dual communication operation. (interpreted as based at least in part on the second amount being below the data threshold at the second time, sending a second instruction to the second base station to release the second connection, see para [0138]) Regarding claim 23 and 32, Abdel teaches The WTRU of claim 19, wherein the third network entity is the second network entity. (In other examples, the eNB 108 and the gNB 110 may be located at different cell sites, see para [0022]) Regarding claim 24 and 33, Abdel teaches The WTRU of claim 19, wherein the performed second dual communication operation is further based on if an initiation condition associated with performing dual communication operation is satisfied or if a resume indication has been received, and wherein the configuration information further comprises the initiation condition associated with performing dual communication operation. (interpreted as Based at least in part on the capability of the LTE base station 108 and/or on the UE state data, the dual connectivity controller component 122 can determine a threshold level for an amount data above which the LTE base station 108 can initiate an EN-DC connection, see para [0031]) Regarding claim 25 and 34, Abdel teaches The WTRU of claim 24, wherein the initiation condition is associated with one or more of a time threshold, a radio quality, a load condition, or a WTRU-specific condition, wherein the WTRU-specific condition is associated with a buffer associated with the WTRU. (interpreted as For example, the dual connectivity controller component 122 can control a dual connectivity connection based at least in part on the downlink data for UE 206, the base station capability data 208, the UE state data 210, the UE capability data 212, the location data 214, and/or the machine learned data 216, see para [0039]) Regarding claim 26 and 35, Abdel teaches The WTRU of claim 19, however does not teach wherein the configuration information comprises an indication to perform the dual communication operation. Kim Teaches wherein the configuration information comprises an indication to perform the dual communication operation. (interpreted as a transmitter (a terminal or a base station) may receive a configuration of packet duplication transmission through an RRC message, and may activate the packet duplication transmission using the RRC message or MAC CE information. Thus, the transmitter may perform a packet duplication transmission procedure (1705). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the threshold for dual connectivity taught by Abdel with the configuration information for dual connectivity parameters as taught by Kim with the motivation being to increase efficiency by giving the UE parameters for establishing the dual communications. Claim(s) 27 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdel (Pub No 20220086689) in view of Kim (Pub No 20190387535), チェン (JP-2020535667-A), and Akl (Pub No 20220086936) Regarding claim 27 and 36, Abdel teaches The WTRU of claim 19, however does not teach wherein the dual communication operation is associated with a dual active protocol stack. Akl teaches wherein the dual communication operation is associated with a dual active protocol stack. (interpreted as Additionally, or alternatively, the IAB node 715 may use a dual-active protocol stack (DAPS) handover procedure to establish the first connection 720a and the second connection 720b, see para [0108]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the dual connectivity taught by Abdel with the dual active protocol stack as taught by Akl with the motivation being use DAPS handover procedure to perform the same steps of establishing dual communications to mitigate overload/congestion. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO G NGUYEN whose telephone number is (571)272-7732. The examiner can normally be reached M-F 10pm - 6:30pm. 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, Huy Vu can be reached at 571-272-3155. 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. /BAO G NGUYEN/Examiner, Art Unit 2461 /HUY D VU/Supervisory Patent Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Sep 29, 2023
Application Filed
Sep 18, 2025
Non-Final Rejection mailed — §103
Dec 16, 2025
Response Filed
May 05, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12677306
INTERFERENCE MEASUREMENT REPORTING METHOD AND COMMUNICATIONS APPARATUS
4y 3m to grant Granted Jul 07, 2026
Patent 12665831
TRANSMISSION QUALITY DETECTION METHOD, APPARATUS, AND SYSTEM
3y 10m to grant Granted Jun 23, 2026
Patent 12659249
RECORDING PACKET LOSS IN A NETWORK
4y 4m to grant Granted Jun 16, 2026
Patent 12641595
TECHNIQUES FOR CONFIGURING SOFT RESOURCES IN MULTI-HOP INTEGRATED ACCESS AND BACKHAUL NETWORK
6y 7m to grant Granted May 26, 2026
Patent 12641483
REINFORCEMENT LEARNING BASED INTER-RADIO ACCESS TECHNOLOGY LOAD BALANCING UNDER MULTI-CARRIER DYNAMIC SPECTRUM SHARING
4y 4m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
77%
With Interview (+3.6%)
3y 3m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 363 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month