Prosecution Insights
Last updated: April 19, 2026
Application No. 18/332,187

DELAY-PRIORITY-BASED SCHEDULING

Final Rejection §102
Filed
Jun 09, 2023
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
DELL PRODUCTS, L.P.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
787 granted / 932 resolved
+26.4% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
32 currently pending
Career history
964
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 932 resolved cases

Office Action

§102
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 . 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)(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. Claim(s) 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prakash et al. (US 2020/0107339 A1), hereinafter referred to as D1. Regarding claim 11, D1 discloses a delay budget for low latency communications, which comprises: at least one processor configured to: (Referring to Figures 1-3, wireless communication between a RAN and a UE for a QoS flow. See paragraphs 0100-0103.); determine that at least one quality parameter metric corresponding to at least one traffic flow between the radio access network node and a user equipment satisfies a scheduling adjustment criterion to result in a determined quality parameter metric (Referring to Figures 1-3, the wireless communications system 100 (e.g., carrying TSN communications), a QoS standard for a particular QoS flow may define a target PDB (one quality parameter has a correspondence to the at least one traffic flow). The target PDB may set a target latency or total time delay for communications between a UE 115 and the core network 130 of the wireless communications system 100 below which communicated data packets may be used. In the case of a downlink transmission, the PDB may include a first delay component incurred between the core network 130 (e.g., from a user plane function (UPF), SMF, or other adapter function) and a radio access node (at, e.g., a base station 105). The PDB may also include a second delay component incurred between the base station 105 and the UE 115. Together, this total PDB defines a target latency from the UPF to the UE 115 via the base station 105. The PDB may similarly define a target latency from the UE 115 to the UPF or SMF via the base station 105 in the case of an uplink transmission. If the total delay in communicating a data packet exceeds the total PDB defined by the PDB configuration, the data packet may not be used and may be ignored. See paragraphs 0100-0103.); based on the determined quality parameter metric schedule being determined to satisfy the scheduling criterion at least one protocol data unit corresponding to the at least one traffic flow from being scheduled according to a baseline scheduling to being scheduled according to at least one adjusted radio resource to result in a determined scheduling (Referring to Figures 1-3, signaling to the base station 105 a PDB configuration that indicates a determined delay incurred between any of the core network 130, the UE 115, and the base station 105. For example, the core network 130 may transmit to the base station 105 the PDB configuration indicating a combination of the first delay component (e.g., delay between the core network 130 and the base station 105), the second delay component (e.g., delay between the base station 105 and the UE 115), or the total delay (e.g., between the UE 115 and the core network 130). Based on the indication of the actual delay in the PDB configuration (being determined to satisfy the scheduling criterion), the base station 105 relatively more accurately schedule communications (interpreted as from a baseline to an adjusted radio resource as the difference from a less accurate to a more accurate scheduling) between the UE 115, the base station 105, and the core network 130 (from being scheduled according to a baseline scheduling to being scheduled according to at least one adjusted radio resource to result in a determined scheduling, as the feedback changes the scheduling according to the PDB configuration). See paragraphs 0102-0104.); and communicate at least one of the at least one protocol data unit corresponding to the at least one traffic flow via the at least one adjusted radio resource according to the determined scheduling (Referring to Figures 1-3, the base station 105 relatively more accurately schedule communications between the UE 115, the base station 105, and the core network 130. See paragraphs 0102-0104. The traffic communicated comprises a PDU session according to the scheduled communications. See paragraphs 0110-0112.) Regarding claims 12, D1 discloses wherein at least one of the at least one adjusted radio resource corresponds to at least one of: at least one adjusted modulation scheme, at least one adjusted coding rate or at least one adjusted transmit power (Referring to Figures 1-3, wireless transmission from the base station to the UE according to modulation scheme per the scheduled communications. See paragraphs 0092-0095.) Regarding claim 13, D1 discloses wherein the determined quality metric comprises an indication of a number of transmission opportunities remaining before a latency budget, associated with the at least one traffic flow, is violated with respect to the at least one traffic flow, and wherein the scheduling adjustment criterion is satisfied by the determined quality parameter metric being indicative that a next transmission opportunity is a last transmission opportunity before the latency budget is violated (Referring to Figures 1-3, the wireless communications system 100 (e.g., carrying TSN communications), a QoS standard for a particular QoS flow may define a target PDB (one quality parameter has a correspondence to the at least one traffic flow). The target PDB may set a target latency or total time delay for communications between a UE 115 and the core network 130 of the wireless communications system 100 below which communicated data packets may be used. In the case of a downlink transmission, the PDB may include a first delay component incurred between the core network 130 (e.g., from a user plane function (UPF), SMF, or other adapter function) and a radio access node (at, e.g., a base station 105). The PDB may also include a second delay component incurred between the base station 105 and the UE 115. Together, this total PDB defines a target latency from the UPF to the UE 115 via the base station 105. The PDB may similarly define a target latency from the UE 115 to the UPF or SMF via the base station 105 in the case of an uplink transmission. If the total delay in communicating a data packet exceeds the total PDB defined by the PDB configuration, the data packet may not be used and may be ignored. See paragraphs 0100-0103. Thereby, interpreting the PDB as indicative of a number of transmission opportunities as the scheduling is performed according to the PDB in which transmission is conducted before the latency budget is violated and thereby satisfying the latency requirement and comprising an indication of a number of transmission opportunities. The scheduling criterion is not satisfied such that when the total delay exceeds the total PDB, the packet is not used; thereby, transmitting only packets that satisfy the delay requirement. In this manner, the total delay is indicative that a next transmission opportunity is a last transmission opportunity before the latency budget is violated as the total delay indicates that any transmission opportunity beyond the delay requirement is ignored.) Regarding claim 14, D1 discloses wherein the at least one traffic flow corresponds to a desired error rate, and wherein the determined scheduling comprises configuring a transmitter to transmit the at least one protocol data unit corresponding to the at least one traffic flow according to a modulation scheme corresponding to the desired error rate (Referring to Figures 1 and 2, a resource element may include one symbol period (e.g., a duration of one modulation symbol) and one subcarrier, where the symbol period and subcarrier spacing are inversely related. The number of bits carried by each resource element may depend on the modulation scheme (e.g., the order of the modulation scheme). Thus, the more resource elements that a UE 115 receives and the higher the order of the modulation scheme, the higher the data rate may be for the UE 115. In MIMO systems, a wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers), and the use of multiple spatial layers may further increase the data rate for communications with a UE 115. See paragraphs 0093-0095. TSN system may have targets such as a latency of less than 1 ms and a packet error rate less than 10⁶. In some cases, such data traffic may be supported in a wireless communications system using a high reliability service, such as a URLLC service (traffic flow is associated with desired error rate, the scheduled communication comprises a PDU for transmission at the target error rate that corresponds to the desired error rate). See paragraphs 0100-0103.) Regarding claim 15, D1 discloses wherein the at least one traffic flow is a first traffic flow, wherein the at least one protocol data unit is at least one first protocol data unit, wherein the determined quality parameter metric is a first determined quality parameter metric, and wherein the at least one processor is further configured to: determine that at least one quality parameter metric corresponding to a second traffic flow satisfies the scheduling adjustment criterion to result in a second determined quality parameter metric; based on the second determined quality parameter metric, schedule at least one second protocol data unit corresponding to the second traffic flow according to the at least one adjusted radio resource to result in the determined scheduling; and communicate the at least one of the at least one first protocol data unit corresponding to the first traffic flow and the at least one second protocol data unit corresponding to the second traffic flow via the at least one adjusted radio resource according to a round robin order. (Referring to Figures 1-3, the wireless communications system 100 (e.g., carrying TSN communications), a QoS standard for a particular QoS flow may define a target PDB (one quality parameter has a correspondence to the at least one traffic flow). The target PDB may set a target latency or total time delay for communications between a UE 115 and the core network 130 of the wireless communications system 100 below which communicated data packets may be used. In the case of a downlink transmission, the PDB may include a first delay component incurred between the core network 130 (e.g., from a user plane function (UPF), SMF, or other adapter function) and a radio access node (at, e.g., a base station 105). The PDB may also include a second delay component incurred between the base station 105 and the UE 115. Together, this total PDB defines a target latency from the UPF to the UE 115 via the base station 105. The PDB may similarly define a target latency from the UE 115 to the UPF or SMF via the base station 105 in the case of an uplink transmission. If the total delay in communicating a data packet exceeds the total PDB defined by the PDB configuration, the data packet may not be used and may be ignored. See paragraphs 0100-0103. The base station 105 relatively more accurately schedule communications between the UE 115, the base station 105, and the core network 130. See paragraphs 0102-0104. The traffic communicated comprises a PDU session according to the scheduled communications. See paragraphs 0110-0112. The wireless communications system 100 (e.g., carrying TSN communications), a QoS standard for a particular QoS flow may define a target PDB (one quality parameter has a correspondence to the at least one traffic flow). See paragraphs 0100-0103. The core network entity 205 may correlate different traffic classes (second flow traffic) to different PDB configurations (second correspondence of the at least one quality parameter to the second traffic flow), for example, using a lookup table and the like. In some cases, the core network entity 205 may additionally or alternatively determine the PDB configuration based on subscription information associated with the UE 115 (e.g., a type of the UE 115 and the services for which the UE 115 is subscribed). See paragraphs 0112-0114. Communication is scheduled according to the different PDB configurations (first and second traffic flows) for transmission of PDUs. Utilizing any number of well-known scheduling techniques, such as Round Robin scheduling. If the total delay in communicating a data packet exceeds the total PDB defined by the PDB configuration, the data packet may not be used and may be ignored (interpreted as the one quality parameter being determined not to have the second correspondence to the second flow as the delay exceeds the PDB configuration; the second schedule being interpreted as not utilizing the data packet thereby excluding the one parameter form determining a second schedule). See paragraphs 0100-0103.) Allowable Subject Matter Claims 1-3, 5-10, and 16-21 are allowed. Response to Arguments Applicant's arguments filed 12 November 2025 have been fully considered but they are not persuasive. The Applicant argues the amended claims 11 and 13 are not disclosed by the prior art. The Examiner respectfully disagrees. See rejections of claims 11 and 13 for further explanation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hande et al. (US 2020/0383004 A1) - The application function can send the one or more burst parameters a network. The burst parameters may include a burst factor associated with a minimum bit rate for providing service coverage for the traffic flow and/or a burst spread. A core network and/or access network (AN) entity can obtain the burst parameters and utilize the burst factor for communicating with a user equipment (UE). 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 DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST. 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/Primary Examiner, Art Unit 2462
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Prosecution Timeline

Jun 09, 2023
Application Filed
Aug 09, 2025
Non-Final Rejection — §102
Oct 22, 2025
Applicant Interview (Telephonic)
Oct 31, 2025
Examiner Interview Summary
Nov 12, 2025
Response Filed
Mar 13, 2026
Final Rejection — §102 (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

3-4
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.5%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 932 resolved cases by this examiner. Grant probability derived from career allow rate.

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