Prosecution Insights
Last updated: May 29, 2026
Application No. 18/292,033

METHOD, APPARATUS, ELECTRONIC DEVICE AND STORAGE MEDIUM FOR ESTABLISHING A MOBILE DATA NETWORK

Non-Final OA §112
Filed
Jan 25, 2024
Priority
Sep 26, 2021 — CN 202111128739.7 +1 more
Examiner
NG, CHRISTINE Y
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
BEIJING BYTEDANCE NETWORK TECHNOLOGY CO., LTD.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
600 granted / 725 resolved
+24.8% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
17 currently pending
Career history
746
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
85.2%
+45.2% vs TC avg
§102
4.1%
-35.9% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 725 resolved cases

Office Action

§112
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 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, 4, 6, 7, 22, 24, 25, 29, and 31 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. a) Claim 1 line 16: “a mobile data network” should be changed to -- the mobile data network --; “a mobile data network” was mentioned in claim 1 line 1. b) Claim 4 recites the limitation "the telephony service" in line 5. There is insufficient antecedent basis for this limitation in the claim. c) Claim 6 recites the limitation "the modem hardware abstraction layer" in line 4. There is insufficient antecedent basis for this limitation in the claim. d) Claim 7 recites the limitation "the sending the network configuration information to the network management service through the modem" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. e) Claim 7 recites the limitation "the modem hardware abstraction layer" in line 4. There is insufficient antecedent basis for this limitation in the claim. f) Claim 22 recites the limitation "the act" in line 3. There is insufficient antecedent basis for this limitation in the claim. g) Claim 22 recites the limitation "the telephony service" in line 4. There is insufficient antecedent basis for this limitation in the claim. h) Claim 24 recites the limitation "the modem hardware abstraction layer" in line 3. There is insufficient antecedent basis for this limitation in the claim. i) Claim 25 recites the limitation "the sending the network configuration information to the network management service through the modem" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. j) Claim 25 recites the limitation "the modem hardware abstraction layer" in line 3. There is insufficient antecedent basis for this limitation in the claim. k) Claim 29 recites the limitation "the act" in line 3. There is insufficient antecedent basis for this limitation in the claim. l) Claim 29 recites the limitation "the telephony service" in line 4. There is insufficient antecedent basis for this limitation in the claim. m) Claim 31 recites the limitation "the modem hardware abstraction layer" in line 4. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 1-7 and 19-31 are allowed (pending 35 U.S.C. 112(b) rejections). The following is an examiner’s statement of reasons for allowance (pending 35 U.S.C. 112(b) rejections): Independent claims 1 and 19: U.S. Publication No. 20100115512 to Sakai et al disclose in Figures 1-15 and Sections 0034, 0035, 0037, 0040, 0048, 0086, 0087, 0093, 0095, and 0105-0109 a method of establishing a mobile data network, comprising: … obtaining, at an electronic device (virtual machine server of Figure 15), a data network activation instruction … a first operating system (host OS), and sending the data network activation instruction to … a second operating system (guest OS) … In a virtual machine server, a host OS transmits an activation command to guest OS as shown in Figure 10, steps S51-S57. Performing, based on the data network activation instruction, a mobile data network activation operation … Guest OS performs the activation based on the activation command as shown in Figure 10, S58. Refer to Sections 0032-0119. … … Sakai et al do not disclose … a mobile data network registration is completed … U.S. Publication No. 20140269553 to Stein et al disclose in Figures 1-6 and Section 0040 wherein a mobile device performs wireless network registration with the wireless network. Once wireless network registration has been completed and the mobile device is connected to the public network, the mobile device can communicate with the wireless network. Refer to Sections 0013-0046. Sakai et al and Stein et al do not disclose … a network management service of a framework layer of a first operating system … U.S. Publication No. 20240078072 to Zhang et al disclose in Figures 1-7 and Section 0009 wherein an operating system comprises a network management service of a framework layer. Refer to Sections 0017-0089. Sakai et al, Stein et al, and Zhang et al do not disclose … a modem through a second operating system … U.S. Publication No. 20210092596 to Kudtarkar et al disclose in Figures 1-5 and Section 0032 wherein an activation is transmitted through a modem to an operating system; so the operating system comprises a modem. Refer to Sections 0015-0061. Sakai et al, Stein et al, Zhang et al, and Kudtarkar et al do not disclose … the electronic device comprising the first operating system and the second operating system sharing a kernel with the first operating system and deployed in the first operating system … U.S. Publication No. 20120089992 to Reeves et al disclose in Figures 1-24 and Sections 0010, 0012, 0014, 0089, 0118, 0139, 0144, and 0165 wherein a first operating system and a second operating system share a kernel. The kernel is connected to the first operating system and the second operating system, so the kernel is deployed in both the first operating system and the second operating system. Refer to Sections 0042-0193. Sakai et al, Stein et al, Zhang et al, Kudtarkar et al, and Reeves et al do not disclose … in accordance with a determination that an activation is completed, obtaining network configuration information … ; and establishing, based on the network configuration information, a mobile data network … U.S. Publication No. 20190387396 to Gui et al disclose in Figures 1-7and Sections 0026-0029 wherein a router includes an activation unit configured to install a configuration file to complete activation. The router also includes an establishment unit configured to establish a first wireless network after activation is completed. Refer to Sections 0061-0113. However, none of the prior art disclose the limitations “… in accordance with a determination that a mobile data network registration is completed, obtaining, at an electronic device, a data network activation instruction through a network management service of a framework layer of a first operating system, and sending the data network activation instruction to a modem through a second operating system, the electronic device comprising the first operating system and the second operating system sharing a kernel with the first operating system and deployed in the first operating system; performing, based on the data network activation instruction, a mobile data network activation operation through the modem; in accordance with a determination that an activation is completed, obtaining network configuration information through the modem, and sending the network configuration information to the network management service; and establishing, based on the network configuration information, a mobile data network through the network management service.”, and can be logically combined with Sakai et al, Stein et al, Zhang et al, Kudtarkar et al, Reeves et al, and Gui et al. Independent claim 26: U.S. Publication No. 20100115512 to Sakai et al disclose in Figures 1-15 and Sections 0034, 0035, 0037, 0040, 0048, 0086, 0087, 0093, 0095, and 0105-0109 a non-transitory computer readable storage medium storing computer instructions (instructions of Sections 0064 and 0073), wherein the computer instructions cause a computer (virtual machine server of Figure 15) to perform a method comprising: … obtaining a data network activation instruction … a first operating system (host OS), and sending the data network activation instruction to … a second operating system (guest OS) … In a virtual machine server, a host OS transmits an activation command to guest OS as shown in Figure 10, steps S51-S57. Performing, based on the data network activation instruction, a mobile data network activation operation … Guest OS performs the activation based on the activation command as shown in Figure 10, S58. Refer to Sections 0032-0119. … … Sakai et al do not disclose … a mobile data network registration is completed … U.S. Publication No. 20140269553 to Stein et al disclose in Figures 1-6 and Section 0040 wherein a mobile device performs wireless network registration with the wireless network. Once wireless network registration has been completed and the mobile device is connected to the public network, the mobile device can communicate with the wireless network. Refer to Sections 0013-0046. Sakai et al and Stein et al do not disclose … a network management service of a framework layer of a first operating system … U.S. Publication No. 20240078072 to Zhang et al disclose in Figures 1-7 and Section 0009 wherein an operating system comprises a network management service of a framework layer. Refer to Sections 0017-0089. Sakai et al, Stein et al, and Zhang et al do not disclose … a modem through a second operating system … U.S. Publication No. 20210092596 to Kudtarkar et al disclose in Figures 1-5 and Section 0032 wherein an activation is transmitted through a modem to an operating system; so the operating system comprises a modem. Refer to Sections 0015-0061. Sakai et al, Stein et al, Zhang et al, and Kudtarkar et al do not disclose … in accordance with a determination that an activation is completed, obtaining network configuration information … ; and establishing, based on the network configuration information, a mobile data network … U.S. Publication No. 20190387396 to Gui et al disclose in Figures 1-7and Sections 0026-0029 wherein a router includes an activation unit configured to install a configuration file to complete activation. The router also includes an establishment unit configured to establish a first wireless network after activation is completed. Refer to Sections 0061-0113. However, none of the prior art disclose the limitations “… in accordance with a determination that a mobile data network registration is completed, obtaining, at an electronic device, a data network activation instruction through a network management service of a framework layer of a first operating system, and sending the data network activation instruction to a modem through a second operating system; performing, based on the data network activation instruction, a mobile data network activation operation through the modem; in accordance with a determination that an activation is completed, obtaining network configuration information through the modem, and sending the network configuration information to the network management service; and establishing, based on the network configuration information, a mobile data network through the network management service.”, and can be logically combined with Sakai et al, Stein et al, Zhang et al, Kudtarkar et al, and Gui et al. 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Publication No. 20040139205 to Ichikawa et al disclose in Figures 1-9 and Sections 0045, 0064, 0066, 0079, 0082, and 0093 wherein an operating system issues an activation command/deactivation command to the device driver to realize an active state/non-active state. Refer to Sections 0032-0111. U.S Publication No. 20090319768 to Ezaki et al disclose in Figures 1-7 and Sections 0044-0046 wherein in a computer, a LAN card determines that the activation of the host operating system is instructed, so the LAN card sends an activation instruction is sent to the host operating system and the host operating system is activated. Refer to Sections 0020-0057. U.S. Publication No. 20040123130 to Mathur et al disclose in Figures 1-3 and Sections 0040, 0057 wherein a network management service of a device transmits an activation command to switch of the network. Refer to Sections 0030-0060. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm. 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, Ricky Ngo can be reached at 5712723139. 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. /Christine Ng/ Examiner, AU 2464 March 23, 2026
Read full office action

Prosecution Timeline

Jan 25, 2024
Application Filed
Mar 27, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
88%
With Interview (+5.4%)
3y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 725 resolved cases by this examiner. Grant probability derived from career allowance rate.

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