Prosecution Insights
Last updated: October 27, 2026
Application No. 18/325,459

Methods and Apparatus for Application Processing in Modems

Final Rejection §103
Filed
May 30, 2023
Priority
Dec 03, 2020 — provisional 63/121,154 +1 more
Examiner
SAMARA, LOUIS
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
95%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
248 granted / 262 resolved
+36.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
299
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
65.8%
+25.8% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 262 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, see pages 7-9, filed 08/07/2026, with respect to the rejection(s) of claim(s) 7, 12-14, 21, and 26-28 under 35 U.S.C. § 102 as assertedly being anticipated by U.S. Pub. No. 2020/0113016 A1 ("Sevindik") 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 Therefore, the rejection has been withdrawn.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 US-20210375273-A1 to Fancellu et al., from hereon Fancellu. Applicant’s arguments, see pages 7-9, filed 08/07/2026, with respect to the rejection(s) of claim(s) 8, 22, 29, and 30 under 35 U.S.C. § 103 as assertedly being unpatentable over Sevindik in view of U.S. Pat. No. 11,068,313 B2 ("Fontanari") 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 Therefore, the rejection has been withdrawn.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 US-20210375273-A1 to Fancellu et al., from hereon Fancellu. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 7, 12-14, 21, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over US-20200113016-A1 to Sevindik in view of US-20210375273-A1 to Fancellu et al., from hereon Fancellu. Regarding claim 7 Sevendik teaches…a method, comprising: retrieving, by a modem host, a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DFFs partitioned from a first network flow associated with a first network service based on a first application description(P. 41-43 discloses DFF associated with a service functions performed by CPRI/eCPRI aggregator…One CPRI module 302, 303, 304, or 305 is responsible for transmitting and receiving CPRI data. FIG. 400 shows all CPRI functional layers used to transmit and receive CRPI data….Link manager 305 in CPRI aggregator 301), but does not teach…the first application description indicating requirements of the first network service for the first application, the first DFF comprising a directed acyclic graph, the directed acyclic graph comprising a plurality of actors and a plurality of edges connecting the actors, wherein the actors produce and consume tokens carried by the edges, the directed acyclic graph defining data producer information and data consumer information for executing the first network service; receiving, by the modem host, a first data packet associated with the first application of a plurality of applications; and sending, by the modem host, a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem. Fancellu teaches… the first application description indicating requirements of the first network service for the first application, the first DFF comprising a directed acyclic graph, the directed acyclic graph comprising a plurality of actors and a plurality of edges connecting the actors (P.15, 16 ), wherein the actors produce and consume tokens carried by the edges (P.17 ), the directed acyclic graph defining data producer information and data consumer information for executing the first network service (Fig. 2, P. 58); receiving, by the modem host, a first data packet associated with the first application of a plurality of applications; and sending, by the modem host, a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sevindik by incorporating the teachings of Fancellu because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application can process encoders to using word embeddings using placeholders which are ultimately replaced by edge labels (Fancellu, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Regarding claim 12 Sevindik and Fancellu teach the method of claim 7, Sevindik teaches…further comprising: adjusting, by the modem host, a performance envelope of a resource element (Fig. 19 ). Regarding claim 13 Sevindik and Fancellu teach the method of claim 12, Sevindik teaches…the adjusting the performance envelope comprising: changing, by the modem host, a processing load on the resource element (Fig. 9). Regarding claim 14 Sevindik and Fancellu teach the method of claim 12, Sevindik teaches…the adjusting the performance envelope comprising: increasing or reducing resource requests sent to the resource element (Fig. 9). Regarding claim 21 Sevindik teaches…a modem host comprising: at least one processor; and a non-transitory computer readable storage medium storing programming, the programming including instructions that, when executed by the at least one processor, cause the modem host to perform operations including: retrieving a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DFFs partitioned from a first network flow associated with a first network service based on a first application description(P. 41-43 discloses DFF associated with a service functions performed by CPRI/eCPRI aggregator…One CPRI module 302, 303, 304, or 305 is responsible for transmitting and receiving CPRI data. FIG. 400 shows all CPRI functional layers used to transmit and receive CRPI data….Link manager 305 in CPRI aggregator 301), but does not teach…the first application description indicating requirements of the first network service for the first application, the first DFF comprising a directed acyclic graph, the directed acyclic graph comprising a plurality of actors and a plurality of edges connecting the actors, wherein the actors produce and consume tokens carried by the edges, the directed acyclic graph defining data producer information and data consumer information for executing the first network service; receiving a first data packet associated with the first application of a plurality of applications; and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem. Fancellu teaches… the first application description indicating requirements of the first network service for the first application, the first DFF comprising a directed acyclic graph, the directed acyclic graph comprising a plurality of actors and a plurality of edges connecting the actors(P.15, 16 ), wherein the actors produce and consume tokens carried by the edges (P. 17), the directed acyclic graph defining data producer information and data consumer information for executing the first network service(Fig. 2, P. 58); receiving a first data packet associated with the first application of a plurality of applications; and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sevindik by incorporating the teachings of Fancellu because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application can process encoders to using word embeddings using placeholders which are ultimately replaced by edge labels (Fancellu, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Regarding claim 26 Sevindik and Fancellu teach the modem host of claim 21, Sevindik teaches…the operations further comprising: adjusting a performance envelope of a resource element (Fig. 19 ). Regarding claim 27 Sevindik and Fancellu teach the modem host of claim 26, Sevindik teaches…the adjusting the performance envelope comprising: changing a processing load on the resource element (Fig. 19 ). Regarding claim 28 Sevindik and Fancellu teach the modem host of claim 26, Sevindik teaches…the adjusting the performance envelope comprising: increasing or reducing resource requests sent to the resource element (Fig. 19). Claim(s) 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US-20200113016-A1 to Sevindik and US-20210375273-A1 to Fancellu et al., from hereon Fancellu in view of US-11068313-B2 to Fontanari et al., from hereon Fontanari. Regarding claim 8 Sevindik and Fancellu teach the method of claim 7, but does not teach…further comprising: receiving, by the modem host, an acceptance of the first resource request. Fontanari teaches… further comprising: receiving, by the modem host, an acceptance of the first resource request(Fig. 2, Col. 6, Lns. 65-68 discloses At 210, a candidate application is received. At 220, components of the candidate application are identified. At 230, cloud service provider offerings are identified. At 240, the technologies of the cloud service provider offerings are mapped to a technology offering database. At 250, component granularity and the possibility of dividing components into sub-components is analyzed). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sevindik and Fancellu by incorporating the teachings of Fontanari because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application and components can be identified, optimized, and mapped to customer requirements (Fontanari, Page 7, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Regarding claim 22 Sevindik and Fancellu teach the modem host of claim 21, but do not teach…the operations further comprising: receiving an acceptance of the first resource request. Fontanari teaches… the operations further comprising: receiving an acceptance of the first resource request(Fig. 2, Col. 6, Lns. 65-68 discloses At 210, a candidate application is received. At 220, components of the candidate application are identified. At 230, cloud service provider offerings are identified. At 240, the technologies of the cloud service provider offerings are mapped to a technology offering database. At 250, component granularity and the possibility of dividing components into sub-components is analyzed). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sevindik by incorporating the teachings of Fontanari because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application and components can be identified, optimized, and mapped to customer requirements (Fontanari, Salim, Page 7, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Claim(s) 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over US-11068313-B2 to Fontanari et al., from hereon Fontanari in view of US-20200113016-A1 to Sevindik and US-20210375273-A1 to Fancellu et al., from hereon Fancellu. Regarding claim 29 Fontanari teaches…a non-transitory computer-readable medium having instructions stored thereon that, when executed by a modem host, cause the modem host to perform operations comprising(Col. 5-6, Lns. 58-Col. 10, Lns. 10 discloses…(30) Server computer 150 can include processor(s) 154, memory 158, persistent storage 170, communications unit 152, input/output (I/O) interface(s) 156 and communications fabric 140. Communications fabric 140 provides communications between memory 158, persistent storage 170, communications unit 152, and input/output (I/O) interface(s) 156: but does not teach…retrieving a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DFFs partitioned from a first network flow associated with a first network service based on a first application description, the first application description indicating requirements of the first network service for the first application, the first DFF comprising a directed acyclic graph, the directed acyclic graph comprising a plurality of actors and a plurality of edges connecting the actors, wherein the actors produce and consume tokens carried by the edges, the directed acyclic graph defining data producer information and data consumer information for executing the first network service; receiving a first data packet associated with the first application of a plurality of applications; and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem. Sevindik teaches.. retrieving a first dataflow fragment (DFF) for a first application supported by a modem controlled by the modem host, the first DFF being one of a plurality of DFFs partitioned from a first network flow associated with a first network service based on a first application description(P. 41-43 discloses DFF associated with a service functions performed by CPRI/eCPRI aggregator…One CPRI module 302, 303, 304, or 305 is responsible for transmitting and receiving CPRI data. FIG. 400 shows all CPRI functional layers used to transmit and receive CRPI data….Link manager 305 in CPRI aggregator 301, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Fontanari by incorporating the teachings of Sevindik because the method and device allow for cloud based application and their candidates applications, or purpose application to be rollout to remote units in this case using common radio interface to deploy applications that are mapped to customer requirements (Sevendiki, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Fancellu teaches…the first application description indicating requirements of the first network service for the first application, the first DFF comprising a directed acyclic graph, the directed acyclic graph comprising a plurality of actors and a plurality of edges connecting the actors, wherein the actors produce and consume tokens carried by the edges, the directed acyclic graph defining data producer information and data consumer information for executing the first network service; receiving a first data packet associated with the first application of a plurality of applications; and sending a first resource request including the first data packet and the first DFF associated with the first application to at least one first resource element of the modem. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Fontanari by incorporating the teachings of Fancellu because the method and device allow for various modes of cloud application and their candidates so that applications and their granular application can process encoders to using word embeddings using placeholders which are ultimately replaced by edge labels (Fancellu, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Regarding claim 30 Fontanri, Sevindik and Fancellu teach the non-transitory computer-readable medium of claim 29, the operations further comprising: receiving an acceptance of the first resource request(Fig. 2, Col. 6, Lns. 65-68 discloses At 210, a candidate application is received. At 220, components of the candidate application are identified. At 230, cloud service provider offerings are identified. At 240, the technologies of the cloud service provider offerings are mapped to a technology offering database. At 250, component granularity and the possibility of dividing components into sub-components is analyzed). . Allowable Subject Matter 23. Claims 9, 10, 11, 23, 24, 25, 31, and 32 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. 24. The following is a statement of reasons for the indication of allowable subject matter: the main reason for objection of the claims under discussion is the inclusion of “receiving, by the modem host, a second data packet associated with a second application of the plurality of applications; sending, by the modem host, a second resource request including the second data packet and a second DFF associated with the second application to at least one second resource element of the modem; determining, by the modem host, a rejection of the second resource request; and sending, by the modem host, a third resource request including the second data packet and the second DFF associated with the second application to at least one third resource element of the modem.”, “inserting, by the modem host, a null DFF to at least one fourth resource element determined by the modem host to be idle for a period of time”, and “the null DFF including an instruction for the at least one fourth resource element to reduce power consumption for a time duration shorter than the period of time” as the prior art of record in stand-alone form nor in combination read into the disclosed claims as supported by the specification. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: US-20180248787-A1 to Rajagopal, US-20190245740-A1 to Kachhla, US-11706800-B2 to Sun, and US-20220078650-A1 to Lee . 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 LOUIS SAMARA whose telephone number is (408)918-7582. The examiner can normally be reached Monday - Friday 6-3 PT. 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, Ayaz Sheikh can be reached at 571-272-3795. 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. /L.S./Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

May 30, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Aug 07, 2026
Response Filed
Oct 07, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
95%
Grant Probability
99%
With Interview (+6.5%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 262 resolved cases by this examiner. Grant probability derived from career allowance rate.

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