Prosecution Insights
Last updated: October 02, 2026
Application No. 18/400,564

O-RAN COMPLIANT PROGRAMMABLE RAN PLATFORM

Final Rejection §102§103
Filed
Dec 29, 2023
Examiner
HONG, DUNG
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Microsoft Technology Licensing, LLC
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
663 granted / 791 resolved
+21.8% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
61.4%
+21.4% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 791 resolved cases

Office Action

§102 §103
DETAILED ACTION This is in response to applicant's communication filed on 06/10/2026, wherein: Claims 1-20 are pending. Claims 1, 11, and 17 are amended. Response to Arguments Applicant’s arguments with respect to pending claims have been considered but are moot because of the new ground of rejection. 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, 11, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khalidi ("Microsoft Innovation in RAN Analytics and Control", Dec 2022, provided by Applicant on 04/04/2025). Regarding claim 1, Khalidi discloses a computing system comprising: a memory storing computer-executable instructions for operating a virtual network function of a wireless communication network; and one or more processors configured to execute the instructions for operating the virtual network function, wherein the one or more processors (Khalidi discloses dynamic service model comprising codelets for dynamically being loaded service models to both the RAN software stack and cloud/edge platforms hosting the RAN, which indicates the system comprising common computing components such as memory and processor for performing network function and analytic function) are configured to: provide a dynamic service model (Page 2 section "The Microsoft RAN analytics and control framework" - first paragraph - "The Microsoft RAN analytics and control framework extends the current RIC service models in O-RAN architecture to be both flexible and dynamic. In the process, the framework allows RAN solution providers and operators to define their own service models for dynamic RAN monitoring and control") that defines one or more hook points within the instructions for operating the virtual network function and one or more parameters of the virtual network function that can be accessed by a codelet at the hook point (Page 2 section "The Microsoft RAN analytics and control framework" - second paragraph - "This system enables operators and trusted third-party developers to write their own telemetry, control, and inference pieces of code (called “codelets”) that can be deployed at runtime at various points in the RAN software stack, without disrupting the RAN operations. The codelets are executed inline in the live RAN system and on its critical paths, allowing them to get direct access to all important internal raw RAN data structures, to collect statistics, and to make real-time inference and control decisions"); dynamically receive a codelet from an analysis node via an automated interface between the computing system and the analysis node (Figure on page 2, lower-left corner, along with related description "The following image illustrates the overall framework and the dynamic service model denoted by the star circle with the letter D" above said figure); verify that the codelet complies with the dynamic service model (Page 2 section "The Microsoft RAN analytics and control framework" - third paragraph “To ensure security and safety, the codelets checked with static verified with verification tools before they can be loaded”); and execute the codelet at one of the hook points during execution of the computer executable instructions for operating the network function (Page 2 section "The Microsoft RAN analytics and control framework" - second paragraph – “This system enables operators and trusted third-party developers to write their own telemetry, control, and inference pieces of code (called “codelets”) that can be deployed at runtime at various points in the RAN software stack, without disrupting the RAN operations. The codelets are executed inline in the live RAN system and on its critical paths, allowing them to get direct access to all important internal raw RAN data structures, to collect statistics, and to make real-time inference and control decisions”). Regarding claim 3, Khalidi discloses the computing system of claim 1, wherein the analysis node is an edge data processor local to the computing system (Figure on page 2 discloses data collection is local to computing platform of real-time or near-RT RIC). Regarding claim 11, the scope and content of the claim recite a method performed by the computer system of claim 1, therefore, being addressed as in claim 1. Regarding claim 17, Khalidi discloses a communications network comprising: an analysis node configured to execute an analysis application based on information from a virtual network function of a wireless communication network (Page 1 discloses O-RAN which is a communication network; Figure on page 2 disclose analysis node for data collection); and the virtual network function configured to: provide a dynamic service model (Page 2 section "The Microsoft RAN analytics and control framework" - first paragraph - "The Microsoft RAN analytics and control framework extends the current RIC service models in O-RAN architecture to be both flexible and dynamic. In the process, the framework allows RAN solution providers and operators to define their own service models for dynamic RAN monitoring and control") that defines one or more hook points within computer-executable instructions for operating the virtual network function and one or more parameters of the virtual network function that can be accessed by a codelet at the hook point (Page 2 section "The Microsoft RAN analytics and control framework" - second paragraph - "This system enables operators and trusted third-party developers to write their own telemetry, control, and inference pieces of code (called “codelets”) that can be deployed at runtime at various points in the RAN software stack, without disrupting the RAN operations. The codelets are executed inline in the live RAN system and on its critical paths, allowing them to get direct access to all important internal raw RAN data structures, to collect statistics, and to make real-time inference and control decisions"); dynamically receive a codelet from an analysis node via an automated interface between the computing system and the analysis node (Figure on page 2, lower-left corner, along with related description "The following image illustrates the overall framework and the dynamic service model denoted by the star circle with the letter D" above said figure); verify that the codelet complies with the dynamic service model (Page 2 section "The Microsoft RAN analytics and control framework" - third paragraph “To ensure security and safety, the codelets checked with static verified with verification tools before they can be loaded”); and execute the codelet at one of the hook points during execution of the computer executable instructions for operating the network function (Page 2 section "The Microsoft RAN analytics and control framework" - second paragraph – “This system enables operators and trusted third-party developers to write their own telemetry, control, and inference pieces of code (called “codelets”) that can be deployed at runtime at various points in the RAN software stack, without disrupting the RAN operations. The codelets are executed inline in the live RAN system and on its critical paths, allowing them to get direct access to all important internal raw RAN data structures, to collect statistics, and to make real-time inference and control decisions”). 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, 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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Khalidi ("Microsoft Innovation in RAN Analytics and Control", Dec 2022, provided by Applicant on 04/04/2025) in view of Foukas et al. (“Taking 5G RAN Analytics and Control to a New Level”, Published 07/10/2023). Regarding claim 2, Khalidi discloses the computing system of claim 1, however, silent on further details of claim 2. Foukas discloses wherein to execute the codelet at one of the hook points, the one or more processors are configured to: export the one or more parameters to the analysis node via a telemetry protobuf; and receive control information for the network function from the analysis node (Section 3.1 – “The (patched) codelets are JIT compiled and pushed to Janus devices over the network, along with metadata files required for enabling the flexible output of data and input of control commands using protobuf schemas”, Section 3.2 on page 6 – “Flexible schemas: Janus codelets can send arbitrary telemetry data to the data collector using flexible output schemas through a special type of ringbuffer map (lines 8-14). This map is linked to a codelet-specific protobuf schema defined by the codelet developer (see Section 5.2). This example uses a custom protobuf schema called output_msg (line 21), with a single counter field (line 34). The data is exported to the data collector through a helper function (line 35)”, which indicated the use of telemetry protobuf for exporting data and receiving control information – i.e. codelets). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Khalidi to incorporate telemetry protobuf for exporting parameter from Foukas because doing so would make use of known technique to improve similar devices (methods, or products) in the same way (MPEP §2141 -III) to utilize known protocol for exchanging information. Claim 5, 7, 14, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Khalidi ("Microsoft Innovation in RAN Analytics and Control", Dec 2022, provided by Applicant on 04/04/2025) in view of Garcia et al. (WO-2023138799-A1). Regarding claim 5, Khalidi discloses the computing system of claim 3 and further discloses the V-RAN is connected to near-RT RIC (Figure on page 2), however, the reference is silent on details of claim 5. Garcia discloses wherein the edge data processor is configured to communicate with a near-real-time radio intelligent controller (RIC) via an E2 interface (claim 8 disclose E2 interafce between V-RAN and near-RT RIC). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Khalidi to incorporate communication between VRAN and near-RT RIC from Garcia because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to utilize known interface for communication. Regarding claim 7, Khalidi discloses the computing system of claim 1 and further discloses the V-RAN is connected to near-RT RIC (Figure on page 2), however, the reference is silent on details of claim 7 regarding wherein the one or more processors are configured to communicate with a near-real-time RIC via an E2 interface to receive the dynamic service model. Garcia discloses wherein the edge data processor is configured to communicate with a near-real-time radio intelligent controller (RIC) via an E2 interface (claim 8 disclose E2 interafce between V-RAN and near-RT RIC). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Khalidi to incorporate communication between VRAN and near-RT RIC from Garcia because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to utilize known interface for communication. Regarding claim 14, the scope and content of the claim recite a method performed by the computer system of claim 7, therefore, being addressed as in claim 7. Regarding claim 18, Khalidi discloses the communications network of claim 17 and further discloses the V-RAN is connected to near-RT RIC (Figure on page 2). However, the reference is silent on further details of claim 18 about wherein the analysis node is an edge data processor local to a computing system hosting the virtual network function and configured to communicate with a near-real-time radio intelligent controller (RIC) via an E2 interface. Garcia discloses wherein the edge data processor is configured to communicate with a near-real-time radio intelligent controller (RIC) via an E2 interface (claim 8 disclose E2 interface between V-RAN and near-RT RIC). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Khalidi to incorporate communication between VRAN and near-RT RIC from Garcia because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to utilize known interface for communication. Allowable Subject Matter Claim 4, 6, 8-10, 12-13, 15-16, and 19-20 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 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. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG HONG whose telephone number is (571)270-7928. The examiner can normally be reached on Monday-Friday from 8:00 am to 5:00 pm. 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, JINSONG HU, can be reached on (571) 272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /DUNG HONG/ Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Dec 29, 2023
Application Filed
Mar 10, 2026
Non-Final Rejection mailed — §102, §103
Jun 08, 2026
Applicant Interview (Telephonic)
Jun 08, 2026
Examiner Interview Summary
Jun 10, 2026
Response Filed
Aug 27, 2026
Final Rejection mailed — §102, §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

3-4
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+14.2%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 791 resolved cases by this examiner. Grant probability derived from career allowance rate.

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