Prosecution Insights
Last updated: July 17, 2026
Application No. 18/396,103

Network Overload Control

Final Rejection §102
Filed
Dec 26, 2023
Priority
Jun 29, 2021 — provisional 63/216,377 +1 more
Examiner
JAHANGIR, KABIR U
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
404 granted / 461 resolved
+29.6% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
15 currently pending
Career history
476
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
65.3%
+25.3% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 461 resolved cases

Office Action

§102
DETAILED ACTION Claims 1-20 are pending. 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 page 5 of the remarks, filed on 04/14/2026, with respect to claim objections have been fully considered and are persuasive. The objection of claims 16-20 has been withdrawn. Applicant's arguments filed on 04/14/2026 have been fully considered but they are not persuasive. On pages 5-7 of the remarks, in regards to claims 1, 8 and 15, the applicant submits that the Ianev fails to teach or suggest the limitation of “receiving, by a base station of a second network and via the second network, an indication of a start of an overload control for access to a first network”. The applicant further arguments that Ianev discloses only single network. The examiner respectfully disagrees. Ianev discloses at least in paragraphs [0045], [0074]-[0077], [0080] and Figs. 1 & 8, the network (e.g. AMF or MME) (interpreted as first network) indicates the start of the overload control by sending N2 overload control message to the gNB (interpreted as second network) in 5G or S1 Overload Start message to the eNB (interpreted as second network) in 4G with a parameter indicating overload for delay tolerant access. The examiner further states that the communications control module 63 is responsible for handling (generating/sending/receiving) signalling between the (R)AN node 5 (interpreted as second network) and other nodes, such as the UE 3 and the core network nodes (interpreted as first network), in addition, see Fig. 1. Ianev further discloses that the Core Network (e.g. AMF or MME) (interpreted as first network) may send N2 overload control message in 5G or Overload Start message in 4G to the RAN (e.g. gNB or eNB) (interpreted as second network) with one or combination of the following indications: a ‘delay tolerant data access’ parameter OR a ‘low priority data access’ parameter OR a ‘background data access’ parameter. Therefore Ianev discloses the above limitation. On page 7 of the remarks, in regards to claims 1, 8 and 15, the applicant submits that the Ianev fails to teach or suggest the limitation of “wherein the base station receives the indication from at least one of: an access and mobility management function (AMF) of the second network; or a mobility management entity (MME) of the second network”. The examiner respectfully disagrees. Ianev discloses at least in paragraphs [0045], [0074]-[0077], [0080] and Figs. 1 & 8, the network (e.g. AMF or MME) (interpreted as first network) indicates the start of the overload control by sending N2 overload control message to the gNB (interpreted as second network) in 5G or S1 Overload Start message to the eNB (interpreted as second network) in 4G with a parameter indicating overload for delay tolerant access. The examiner further states that RAN (gNB) is connected to the AMF/MME of core network, therefore, RAN(gNB) receives overload control message of the AMF/MME of the second network. On page 7 of the remarks, in regards to dependent claims, the applicant submits that dependent claims are allowable, due to the previously alleged deficiencies of the references as applied to independent claims 1, 8 and 15, as described above. The examiner respectfully disagrees. The examiner kindly directs the applicant to the reasoning detailed above. 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 person shall be entitled to a patent unless – (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. Claims 1, 3-8, 10-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ianev et al. (US 20210136659, Ianev hereinafter). As to claim 1: Ianev discloses a method comprising: receiving, by a base station of a second network and via the second network, an indication of a start of an overload control for access to a first network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB in 5G or S1 Overload Start message to the eNB in 4G with a parameter indicating overload for delay tolerant access.); receiving, by the base station from a wireless device, a connection request to access the first network via the second network (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.); and sending, by the base station and based on the indication, a rejection of the connection request (see at least paragraph [0083] and Fig. 8, the RAN node has activated overload control for delay tolerant type communication or services, the RAN Node shall reject the requests for RRC connection establishment.). As to claim 3: Ianev discloses the method of claim 1. Ianev further discloses further comprising receiving, by the base station, an identifier of the first network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB would include network ID.). As to claim 4: Ianev discloses the method of claim 1. Ianev further discloses wherein the base station receives the indication from at least one of: an access and mobility management function (AMF) of the second network; or a mobility management entity (MME) of the second network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB in 5G or S1 Overload Start message to the eNB in 4G with a parameter indicating overload for delay tolerant access.). As to claim 5: Ianev discloses the method of claim 1. Ianev further discloses further comprising receiving, by the base station from the wireless device, the connection request (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.). As to claim 6: Ianev discloses the method of claim 1. Ianev further discloses wherein the connection request comprises a radio resource control (RRC) request message (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.). As to claim 7: Ianev discloses the method of claim 1. Ianev further discloses further comprising sending, by the base station to the wireless device and based on the indication of the start of the overload control, a message comprising an access barring configuration for an access type (see at least paragraph [0081], the RAN Node (e.g. gNB or eNB) activates an overload control for delay tolerant access. The RAN Node shall reject requests from UEs for delay tolerant access type, i.e. reject requests from UEs for connection establishment with delay tolerant RRC establishment cause.). As to claim 8: Ianev discloses a base station of a second network, comprising one or more processors and memory (see Fig. 3) storing instructions that, when executed by the one or more processors, cause the base station of the second network to: receive, via the second network, an indication of a start of an overload control for access to a first network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB in 5G or S1 Overload Start message to the eNB in 4G with a parameter indicating overload for delay tolerant access.); Receive, from a wireless device, a connection request to access the first network via the second network (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.); and Send, based on the indication, a rejection of the connection request (see at least paragraph [0083] and Fig. 8, the RAN node has activated overload control for delay tolerant type communication or services, the RAN Node shall reject the requests for RRC connection establishment.). As to claim 10: Ianev discloses the base station of claim 8. Ianev further discloses wherein the instructions further cause the base station to receive an identifier of the first network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB would include network ID.). As to claim 11: Ianev discloses the base station of claim 8. Ianev further discloses wherein the base station receives the indication from at least one of: an access and mobility management function (AMF) of the second network; or a mobility management entity (MME) of the second network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB in 5G or S1 Overload Start message to the eNB in 4G with a parameter indicating overload for delay tolerant access.). As to claim 12: Ianev discloses the base station of claim 8. Ianev further discloses wherein the instructions further cause the base station to receive, from the wireless device, the connection request (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.). As to claim 13: Ianev discloses the base station of claim 8. Ianev further discloses wherein the connection request comprises a radio resource control (RRC) request message (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.). As to claim 14: Ianev discloses the base station of claim 8. Ianev further discloses wherein the instructions further cause the base station to send, to the wireless device and based on the indication of the start of the overload control, a message comprising an access barring configuration for an access type (see at least paragraph [0081], the RAN Node (e.g. gNB or eNB) activates an overload control for delay tolerant access. The RAN Node shall reject requests from UEs for delay tolerant access type, i.e. reject requests from UEs for connection establishment with delay tolerant RRC establishment cause.). As to claim 15: Ianev discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station of a second network, cause the base station to: receive, via the second network, an indication of a start of an overload control for access to a first network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB in 5G or S1 Overload Start message to the eNB in 4G with a parameter indicating overload for delay tolerant access.); Receive, from a wireless device, a connection request to access the first network via the second network (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.); and send, based on the indication, a rejection of the connection request (see at least paragraph [0083] and Fig. 8, the RAN node has activated overload control for delay tolerant type communication or services, the RAN Node shall reject the requests for RRC connection establishment.). As to claim 17: Ianev discloses the non-transitory computer-readable medium of claim 15. Ianev further discloses wherein the instructions further cause the base station to receive an identifier of the first network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB would include network ID.). As to claim 18: Ianev discloses the non-transitory computer-readable medium of claim 15. Ianev further discloses wherein the base station receives the indication from at least one of: an access and mobility management function (AMF) of the second network; or a mobility management entity (MME) of the second network (see at least paragraph [0080] and Fig. 8, the network (e.g. AMF or MME) indicates the start of the overload control by sending N2 overload control message to the gNB in 5G or S1 Overload Start message to the eNB in 4G with a parameter indicating overload for delay tolerant access.). As to claim 19: Ianev discloses the non-transitory computer-readable medium of claim 15. Ianev further discloses wherein the instructions further cause the base station to receive, from the wireless device, the connection request (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.). As to claim 20: Ianev discloses the non-transitory computer-readable medium of claim 15. Ianev further discloses wherein the connection request comprises a radio resource control (RRC) request message (see at least paragraph [0082] and Fig. 8, UE requests RRC connection establishment to access AMF/MME network via gNB.). Allowable Subject Matter Claims 2, 9 and 16 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 THIS ACTION IS MADE FINAL. 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 KABIR U JAHANGIR whose telephone number is (571)272-0796. The examiner can normally be reached Mon-Fri 10am to 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, Ricky Ngo can be reached at (571)272-3139. 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. /K. J./ Examiner, Art Unit 2464 /RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
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Prosecution Timeline

Dec 26, 2023
Application Filed
Jan 14, 2026
Non-Final Rejection mailed — §102
Apr 14, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §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
88%
Grant Probability
96%
With Interview (+8.9%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 461 resolved cases by this examiner. Grant probability derived from career allowance rate.

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