Prosecution Insights
Last updated: May 29, 2026
Application No. 18/425,031

PROCESSING APPARATUS, PROCESSING METHOD, AND NON-TRANSITORY COMPUTER-READABLE RECORDING MEDIUM

Non-Final OA §103
Filed
Jan 29, 2024
Priority
Feb 09, 2023 — JP 2023-018578
Examiner
SHAH, SAUMIT
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
466 granted / 533 resolved
+29.4% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
17 currently pending
Career history
556
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
85.4%
+45.4% vs TC avg
§102
2.5%
-37.5% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 533 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the application filed on 1/29/2024. Acknowledgment is made of applicant's claim for foreign priority based on an application JP2023-018578 filed on 2/9/2023. Claims 1-10 are pending and ready for examination. 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 § 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. Claims 1-3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tomici et al. (US 2017/0099617, hereinafter Tomici) in view of Zorgui et al. (US 2024/0089875, hereinafter Zorgui). Regarding claim 1, Tomici discloses a processing apparatus comprising: at least one memory configured to store processing instructions; and at least one processor configured to execute the processing instructions to [Tomici Figures 1A-1C disclose examples of system comprising radio access network, core network, and UEs, comprising various components such as a processor, a transceiver, memory, etc. (Tomici Figures 1A-1C, paragraphs 0031-0059)]: Determine a reward to provide to a terminal apparatus that performs target processing, which is processing contributive to a reduction in power consumption in a communication system using a base station, according to assignment from the base station, and provide the determined reward [Tomici discloses an example network architecture (Tomici Figure 2) for offloading traffic using a relay WTRU (UE). An eNB detects overloading or congestion, or any other triggering condition for offloading and decides to offload traffic (Tomici paragraph 0066). Tomici Figure 5 discloses an example where a relay WTRU is selected for offloading traffic; the eNB and the selected relay WTRU set up a connection, and the eNB sends the download request to the relay WTRU. The traffic data is transported to the WTRU 210 using relay and HeNB (i.e. the terminal performs target processing according to assignment from base station) (Tomici Figure 5, paragraph 0068). The relay WTRU contributes its resources such as bandwidth, battery, etc., and may be given incentives to act as a relay WTRU. For example, the relay WTRU’s own traffic may be given a higher priority (i.e. determine a reward, and provide the determined reward) (Tomici paragraph 0069)]. Although Tomici discloses regarding determining a reward to provide to a terminal apparatus that performs target processing (see above); Tomici does not expressly disclose the features of the processing being contributive to a reduction in power consumption in a communication system. However, in the same or similar field of invention, Zorgui discloses that a network entity may activate one or more UEs to act as a relay to communicate with out of coverage devices, which may allow additional flexibility such that the UEs may be activated as relay devices on demand when needed (e.g. based on a level of traffic or whether the level of traffic exceeds or does not exceed a threshold). In some cases the network entity may activate one or more UEs as relays based on the network energy saving mode (Zorgui paragraph 0106). This way, the network entity may communicate with the UEs while still employing network energy saving modes to reduce power consumption by relaying communications through the relay device (Zorgui paragraph 0113). The relay device may also be a UE (Zorgui paragraph 0090). Thus, a UE may perform target processing for a network entity which is contributive to a reduction in power consumption in a communication system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomici to have the feature of the processing being contributive to a reduction in power consumption in a communication system; as taught by Zorgui. The suggestion/motivation would have been to provide improved techniques for supporting relay operation with energy state modes, and (Zorgui paragraphs 0004 and to reduce power consumption in the network (Zorgui paragraph 0113). Regarding claim 2, Tomici and Zorgui disclose the processing apparatus according to claim 1. Tomici and Zorgui further disclose wherein the at least one processor is configured to execute the processing instructions to: assign the target processing to the terminal apparatus; and provide the predetermined reward to the terminal apparatus that performs the assigned target processing [Tomici Figure 5 discloses an example where a relay WTRU is selected for offloading traffic; the eNB and the selected relay WTRU set up a connection, and the eNB sends the download request to the relay WTRU. The traffic data is transported to the WTRU 210 using relay and HeNB (i.e. target processing is assigned to the terminal) (Tomici Figure 5, paragraph 0068). The relay WTRU contributes its resources such as bandwidth, battery, etc., and may be given incentives to act as a relay WTRU. For example, the relay WTRU’s own traffic may be given a higher priority (Tomici paragraph 0069)]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 3, Tomici and Zorgui disclose the processing apparatus according to claim 2. Tomici and Zorgui further disclose wherein the at least one processor is configured to execute the processing instructions to: assign processing that assists the base station by being performed by the terminal apparatus as the target processing [Tomici Figure 5 discloses an example where a relay WTRU is selected for offloading traffic; the eNB and the selected relay WTRU set up a connection, and the eNB sends the download request to the relay WTRU. The traffic data is transported to the WTRU 210 using relay and HeNB (i.e. target processing is assigned to the terminal) (Tomici Figure 5, paragraph 0068)]. In addition, the same motivation is used as the rejection of claim 2. Regarding claim 9, Tomici discloses a processing method configured to be performed by an information processing apparatus, the processing method comprising [Tomici Figures 1A-1C disclose examples of system comprising radio access network, core network, and UEs (Tomici Figures 1A-1C, paragraphs 0031-0059)]: Determining a reward to provide to a terminal apparatus that performs target processing, which is processing contributive to a reduction in power consumption in a communication system using a base station, according to assignment from the base station, and providing the determined reward [Tomici discloses an example network architecture (Tomici Figure 2) for offloading traffic using a relay WTRU (UE). An eNB detects overloading or congestion, or any other triggering condition for offloading and decides to offload traffic (Tomici paragraph 0066). Tomici Figure 5 discloses an example where a relay WTRU is selected for offloading traffic; the eNB and the selected relay WTRU set up a connection, and the eNB sends the download request to the relay WTRU. The traffic data is transported to the WTRU 210 using relay and HeNB (i.e. the terminal performs target processing according to assignment from base station) (Tomici Figure 5, paragraph 0068). The relay WTRU contributes its resources such as bandwidth, battery, etc., and may be given incentives to act as a relay WTRU. For example, the relay WTRU’s own traffic may be given a higher priority (i.e. determine a reward, and provide the determined reward) (Tomici paragraph 0069)]. Although Tomici discloses regarding determining a reward to provide to a terminal apparatus that performs target processing (see above); Tomici does not expressly disclose the features of the processing being contributive to a reduction in power consumption in a communication system. However, in the same or similar field of invention, Zorgui discloses that a network entity may activate one or more UEs to act as a relay to communicate with out of coverage devices, which may allow additional flexibility such that the UEs may be activated as relay devices on demand when needed (e.g. based on a level of traffic or whether the level of traffic exceeds or does not exceed a threshold). In some cases the network entity may activate one or more UEs as relays based on the network energy saving mode (Zorgui paragraph 0106). This way, the network entity may communicate with the UEs while still employing network energy saving modes to reduce power consumption by relaying communications through the relay device (Zorgui paragraph 0113). The relay device may also be a UE (Zorgui paragraph 0090). Thus, a UE may perform target processing for a network entity which is contributive to a reduction in power consumption in a communication system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomici to have the feature of the processing being contributive to a reduction in power consumption in a communication system; as taught by Zorgui. The suggestion/motivation would have been to provide improved techniques for supporting relay operation with energy state modes, and (Zorgui paragraphs 0004 and to reduce power consumption in the network (Zorgui paragraph 0113). Regarding claim 10, Tomici discloses a non-transitory computer-readable recording medium recording thereon a program for causing an information processing apparatus to realize processing comprising [Tomici Figures 1A-1C disclose examples of system comprising radio access network, core network, and UEs comprising various components such as a processor, a transceiver, memory, etc. (Tomici Figures 1A-1C, paragraphs 0031-0059). The methods may be implemented in a computer program, software, or firmware incorporated in a computer-readable medium for execution by a computer or processor (Tomici paragraph 0193)]: Determining a reward to provide to a terminal apparatus that performs target processing, which is processing contributive to a reduction in power consumption in a communication system using a base station, according to assignment from the base station, and providing the determined reward [Tomici discloses an example network architecture (Tomici Figure 2) for offloading traffic using a relay WTRU (UE). An eNB detects overloading or congestion, or any other triggering condition for offloading and decides to offload traffic (Tomici paragraph 0066). Tomici Figure 5 discloses an example where a relay WTRU is selected for offloading traffic; the eNB and the selected relay WTRU set up a connection, and the eNB sends the download request to the relay WTRU. The traffic data is transported to the WTRU 210 using relay and HeNB (i.e. the terminal performs target processing according to assignment from base station) (Tomici Figure 5, paragraph 0068). The relay WTRU contributes its resources such as bandwidth, battery, etc., and may be given incentives to act as a relay WTRU. For example, the relay WTRU’s own traffic may be given a higher priority (i.e. determine a reward, and provide the determined reward) (Tomici paragraph 0069)]. Although Tomici discloses regarding determining a reward to provide to a terminal apparatus that performs target processing (see above); Tomici does not expressly disclose the features of the processing being contributive to a reduction in power consumption in a communication system. However, in the same or similar field of invention, Zorgui discloses that a network entity may activate one or more UEs to act as a relay to communicate with out of coverage devices, which may allow additional flexibility such that the UEs may be activated as relay devices on demand when needed (e.g. based on a level of traffic or whether the level of traffic exceeds or does not exceed a threshold). In some cases the network entity may activate one or more UEs as relays based on the network energy saving mode (Zorgui paragraph 0106). This way, the network entity may communicate with the UEs while still employing network energy saving modes to reduce power consumption by relaying communications through the relay device (Zorgui paragraph 0113). The relay device may also be a UE (Zorgui paragraph 0090). Thus, a UE may perform target processing for a network entity which is contributive to a reduction in power consumption in a communication system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomici to have the feature of the processing being contributive to a reduction in power consumption in a communication system; as taught by Zorgui. The suggestion/motivation would have been to provide improved techniques for supporting relay operation with energy state modes, and (Zorgui paragraphs 0004 and to reduce power consumption in the network (Zorgui paragraph 0113). Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tomici in view of Zorgui, and further in view of Chen et al. (US 2017/0347338, hereinafter Chen). Regarding claim 4, Tomici and Zorgui disclose the processing apparatus according to claim 2. Tomici and Zorgui do not expressly disclose wherein the at least one processor is configured to execute the processing instructions to: assign processing for relaying a UL (uplink) signal from UE (User Equipment) present on a cell edge as the target processing. However, in the same or similar field of invention, Chen discloses that a base station may consider information such as current UL/DL traffic of UE, relay load state of the UE, location at an edge of a cell, etc. when selecting a relay node. The UE may expect price compensation for relay data forwarding (Chen paragraph 0843). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomici and Zorgui to have the feature of wherein the at least one processor is configured to execute the processing instructions to: assign processing for relaying a UL (uplink) signal from UE (User Equipment) present on a cell edge as the target processing; as taught by Chen. The suggestion/motivation would have been to provide solutions for selection of relay nodes in the network (Chen paragraphs 0003 and 0005). Regarding claim 5, Tomici and Zorgui disclose the processing apparatus according to claim 2. Tomici and Zorgui do not expressly disclose wherein the at least one processor is configured to execute the processing instructions to: provide the reward according to a type of the assigned target processing. However, in the same or similar field of invention, Chen discloses that a base station may consider information such as current UL/DL traffic of UE, relay load state of the UE, location at an edge of a cell, etc. when selecting a relay node. The UE may expect price compensation per data unit or time unit for relay data forwarding (i.e. the compensation may correspond to a type of target processing) (Chen paragraph 0843). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomici and Zorgui to have the feature of wherein the at least one processor is configured to execute the processing instructions to: provide the reward according to a type of the assigned target processing; as taught by Chen. The suggestion/motivation would have been to provide solutions for selection of relay nodes in the network (Chen paragraphs 0003 and 0005). Regarding claim 6, Tomici and Zorgui disclose the processing apparatus according to claim 1. Tomici and Zorgui do not expressly disclose wherein the at least one processor is configured to execute the processing instructions to: calculate a contribution degree indicating how large contribution the terminal apparatus makes by performing the target processing based on data acquired when the terminal apparatus performs the target processing; and provide the reward according to the calculated contribution degree. However, in the same or similar field of invention, Chen discloses that a base station may consider information such as current UL/DL traffic of UE, relay load state of the UE, location at an edge of a cell, etc. when selecting a relay node. The UE may expect price compensation per data unit or time unit for relay data forwarding (Chen paragraph 0843). Price compensation per data unit also suggests calculating the amount of contribution by the UE (i.e. contribution degree) and providing a reward accordingly. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomici and Zorgui to have the features of wherein the at least one processor is configured to execute the processing instructions to: calculate a contribution degree indicating how large contribution the terminal apparatus makes by performing the target processing based on data acquired when the terminal apparatus performs the target processing; and provide the reward according to the calculated contribution degree; as taught by Chen. The suggestion/motivation would have been to provide solutions for selection of relay nodes in the network (Chen paragraphs 0003 and 0005). Regarding claim 7, Tomici, Zorgui and Chen disclose the processing apparatus according to claim 6. Tomici, Zorgui and Chen further disclose wherein the at least one processor is configured to execute the processing instructions to: acquire execution content data, the execution content data being data that can be acquired from the terminal apparatus when the target processing is performed; and calculate the contribution degree based on the acquired data [Chen discloses that a base station may consider information such as current UL/DL traffic of UE, relay load state of the UE, location at an edge of a cell, etc. when selecting a relay node. The UE may expect price compensation per data unit or time unit for relay data forwarding (Chen paragraph 0843). Price compensation per data unit also suggests acquiring execution content data and calculating the contribution degree in order to provide a reward]. In addition, the same motivation is used as the rejection of claim 6. . Regarding claim 8, Tomici, Zorgui and Chen disclose the processing apparatus according to claim 7. Tomici, Zorgui and Chen further disclose wherein the at least one processor is configured to execute the processing instructions to: acquire load information, which indicates a load on the terminal apparatus that is imposed when the target processing is performed, from the terminal apparatus as the execution content data [Chen discloses that a base station may consider information such as current UL/DL traffic of UE, relay load state of the UE, location at an edge of a cell, etc. when selecting a relay node. The relay load state of the UE may also be reported. The UE may expect price compensation per data unit or time unit for relay data forwarding (Chen paragraph 0843)]. In addition, the same motivation is used as the rejection of claim 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAUMIT SHAH whose telephone number is (571)272-6959. The examiner can normally be reached Monday - Friday 9 am - 6 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, EDAN ORGAD can be reached at (571) 272-7884. 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. /SAUMIT SHAH/Primary Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Jan 29, 2024
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
98%
With Interview (+11.0%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 533 resolved cases by this examiner. Grant probability derived from career allowance rate.

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