Prosecution Insights
Last updated: April 19, 2026
Application No. 18/371,917

QUALITY OF SERVICE MANAGEMENT FOR 5G NETWORKS

Non-Final OA §103
Filed
Sep 22, 2023
Examiner
TANG, KIET G
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Intel Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
708 granted / 787 resolved
+32.0% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
55.4%
+15.4% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 787 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 . Claims 1-20 are pending. Claim Objections Claims 2-10 and 11-20 are objected to because of the following informalities: Claims 2-6 and 12-16 recite the acronym “3GPP” without initially defining what it stands for. Claims 7-10 are depending on claim 6 and therefore they are also objected. Claims 17-20 are depending on claim 16 and therefore they are also objected. Claim 11 recites “A method of managing Quality of Service (QoS), comprising: identifying QoS characteristics for data flows of a user equipment (UE), the data flows performed via multiple access networks; mapping the QoS characteristics to network functions of at least one of the multiple access networks; and controlling the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks”. Claim 11 is objected to for clarification purpose because the preamble should specify the hardware or device performing the steps. Please amend the preamble to identify the physical apparatus (e.g. in a user equipment (UE)) to ensure the method claim is clearly defined. Appropriate correction is required. 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 of this title, 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-3 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Pub. No.: US 20240121657 A1), hereinafter Zhang, in view of Dao et al. (Pub. No.: US 20190394279 A1), hereinafter Dao. With respect to claim 1, Zhang teaches A computing device configured to manage Quality of Service (QoS), comprising ([0140], BS): processing circuitry ([0008], processor); and a memory device including instructions embodied thereon, wherein the instructions, which when executed by the processing circuitry, configure the processing circuitry to cause operations that ([0008], memory storing instructions, the instructions, which when executed by the processor, configure the processor to cause operations): identify QoS characteristics for data flows of a user equipment (UE), the data flows performed via multiple access networks ([0140, 0146], BS configures QoS characteristics / secure paths for data flows of a user equipment (UE), the data flows performed via multiple access networks); map the QoS characteristics to network functions of at least one of the multiple access networks ([0140, 0146, 0170-1071], BS maps the QoS characteristics to network functions of at least one of the multiple access networks; BS schedules information transmissions via one or more of the configured secure paths for the UE; also see claim 15). Zhang does not explicitly teach control the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks. However, Dao teaches control the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks ([0005], control route selection, select one or multiple routes over which to send and/or receive data, a policy that allows the UE to send a large amount of data to an application server (AS) in the data network, an access traffic steering, switching and splitting (ATSSS) policy). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Dao, control the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks, into the teachings of Zhang, in order to optimize operation of user equipment in wireless communication networks (Dao, [0002]). With respect to claim 2, the combination of Zhang and Dao teaches the computing device of claim 1. Zhang does not explicitly teach wherein the multiple access networks include a 3GPP access network and a non-3GPP access network, and wherein the network functions are controlled using Access Traffic Steering, Switching and Splitting (ATSSS) functionality in the 3GPP access network. However, Dao teaches wherein the multiple access networks include a 3GPP access network and a non-3GPP access network ([0013]), and wherein the network functions are controlled using Access Traffic Steering, Switching and Splitting (ATSSS) functionality in the 3GPP access network ([0005, 0013, 0045]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Dao, wherein the multiple access networks include a 3GPP access network and a non-3GPP access network, and wherein the network functions are controlled using Access Traffic Steering, Switching and Splitting (ATSSS) functionality in the 3GPP access network, into the teachings of Zhang, in order to optimize operation of user equipment in wireless communication networks (Dao, [0002]). With respect to claim 3, the combination of Zhang and Dao teaches the computing device of claim 1. Zhang does not explicitly teach distribute data using both of the 3GPP access network and the non-3GPP access network; and in response to a fault or QoS requirements not being met, then switch traffic from one of the 3GPP access network and the non-3GPP access network to the other network, while maintaining the QoS requirements on the other network. However, Dao teaches distribute data using both of the 3GPP access network and the non-3GPP access network ([0007, 0013]); and in response to a fault or QoS requirements not being met, then switch traffic from one of the 3GPP access network and the non-3GPP access network to the other network, while maintaining the QoS requirements on the other network ([0006-0007, 0013]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Dao, distribute data using both of the 3GPP access network and the non-3GPP access network; and in response to a fault or QoS requirements not being met, then switch traffic from one of the 3GPP access network and the non-3GPP access network to the other network, while maintaining the QoS requirements on the other network, into the teachings of Zhang, in order to optimize operation of user equipment in wireless communication networks (Dao, [0002]). With respect to claim 11, Zhang teaches A method of managing Quality of Service (QoS), comprising: identifying QoS characteristics for data flows of a user equipment (UE), the data flows performed via multiple access networks ([0140, 0146], BS configures QoS characteristics / secure paths for data flows of a user equipment (UE), the data flows performed via multiple access networks); mapping the QoS characteristics to network functions of at least one of the multiple access networks ([0140, 0146, 0170-1071], BS maps the QoS characteristics to network functions of at least one of the multiple access networks; BS schedules information transmissions via one or more of the configured secure paths for the UE; also see claim 15). Zhang does not explicitly teach controlling the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks. However, Dao teaches controlling the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks ([0005], control route selection, select one or multiple routes over which to send and/or receive data, a policy that allows the UE to send a large amount of data to an application server (AS) in the data network, an access traffic steering, switching and splitting (ATSSS) policy). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Dao, controlling the network functions of the at least one of the multiple access networks, based on the QoS characteristics, wherein the network functions are implemented at respective resources located within at least one of the multiple access networks, into the teachings of Zhang, in order to optimize operation of user equipment in wireless communication networks (Dao, [0002]). With respect to claim 12, this claim recites the computing device of claim 2, and it is rejected for at least the same reasons. With respect to claim 13, this claim recites the computing device of claim 3, and it is rejected for at least the same reasons. Allowable Subject Matter Claims 4-10 and 14-20 are 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pub. No.: US 20240098018 A1; “Li”, ([0042]) Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TANG whose telephone number is (571)270-7193. The examiner can normally be reached on M-F 8:00-5:00. 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, IAN MOORE can be reached on (571) 272-3085. 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. /KIET TANG/ Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Sep 22, 2023
Application Filed
Oct 19, 2023
Response after Non-Final Action
Jan 10, 2026
Non-Final Rejection — §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
90%
Grant Probability
99%
With Interview (+12.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 787 resolved cases by this examiner. Grant probability derived from career allow rate.

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