DETAILED ACTION
This action is in response to application filed on 06 February 2024. Claims 1-20 are now pending in the present application. This office action is made Non-Final.
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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on
12 January 2026
are in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 8-18, & 20 of copending Application No. 18/434112 (Esswie; US 2025/0254568 A1; Applicant Admitted Art; hereinafter AAA ‘112) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the US application number AAA ‘112 claim the same subject matter. The common subject matter is proactive downlink scheduling validation.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 1, 11, and 16, AAA ‘112 discloses a
method, comprising: facilitating, by a radio network node comprising at least one processor, receiving a prediction report comprising at least one traffic prediction indication indicative of predicted traffic corresponding to at least one traffic flow facilitated by a user equipment; responsive to the at least one traffic prediction indication, scheduling, by the radio network node, at least one resource to facilitate delivery of the predicted traffic to result in at least one scheduled predicted traffic resource; facilitating, by the radio network node, transmitting, to the user equipment, a scheduled predicted traffic resource indication indicative of the at least one scheduled predicted traffic resource usable by the user equipment to facilitate delivery of the predicted traffic; and facilitating, by the radio network node, delivery of the predicted traffic with respect to the user equipment according to the at least one scheduled predicted traffic resource { (drawn to features - see claims 1, 2, 3, 8, 9, 11-12, & 16-17) }.
Regarding claims 2, 12, and 17, AAA ‘112 discloses the method of claim 1, further comprising: determining, by the radio network node, that use, by the user equipment, of the predicted
traffic indicated by the at least one traffic prediction indication failed to occur; increasing a prediction confidence level criterion, corresponding to the at least one traffic flow, usable to facilitate prediction of traffic corresponding to the at least one traffic flow to result in a determined increased prediction confidence level criterion; and facilitating, by the radio network node, transmitting, to a network equipment, a prediction confidence level criterion indication, indicative of the determined increased prediction confidence level criterion, usable to facilitate prediction of traffic corresponding to the at least one traffic flow { (drawn to features - see claims 3, 12, & 17) }.
Regarding claim 3, 15, and 18, AAA ‘112 discloses the method of claim 1, further comprising: determining, by the radio network node, that use, by the user equipment, of the predicted traffic indicated by the at least one traffic prediction indication failed to occur; increasing a prediction confidence level criterion, corresponding to the at least one traffic flow, usable to facilitate prediction of traffic corresponding to the at least one traffic flow to result in a determined increased prediction confidence level; and facilitating, by the radio network node, transmitting, to the user equipment, a prediction confidence level criterion indication, indicative of the determined increased prediction confidence level criterion, usable by the user equipment to facilitate prediction of traffic corresponding to the at least one traffic flow { (drawn to features - see claims 3, 10, & 17) }.
Regarding claim 4, AAA ‘112 discloses the method of claim 3, wherein the determining that use, by the user equipment, of the predicted traffic indicated by the at least one traffic prediction indication failed to occur further comprises: failing, by the radio network node, to receive, from the user equipment, a status indication indicative of decoding of the predicted traffic { (drawn to features - see claims 4, 11-12, & 18) }.
Regarding claims 5 and 13, AAA ‘112 discloses the method of claim 4, wherein the status indication is one of: an acknowledgement (ACK) or a negative acknowledgement (NACK) { (drawn to features - see claim 6) }.
Regarding claims 6, AAA ‘112 discloses the method of claim 3, further comprising: facilitating, by the radio network node, receiving, from a network computing equipment, a proactive scheduling control configuration comprising a predicted confidence level increase criterion, wherein the proactive scheduling control configuration comprises a confidence level step increase value; and wherein the increasing a
prediction confidence level criterion comprises increasing the
prediction confidence level criterion by the confidence level step
increase value { (drawn to features - see claims 1, 2, 3, 8, 11-12, & 16-17) }.
Regarding claims 7, 14, and 20, AAA ‘112 discloses the method of claim 1, further comprising: facilitating, by the radio network node, transmitting, to the user equipment, a proactive scheduling control configuration comprising a proactive scheduling mode indication indicative to the user equipment to transmit, to the radio network node, an invalid resource scheduling indication indicative of nonuse, by the user equipment, of predicted traffic, wherein the determining that the predicted traffic indicated by the at least one traffic prediction indication failed to occur further comprises: determining that the predicted traffic failed to occur based on an invalid resource scheduling indication, received from the user equipment, indicative that the user equipment avoided use of the predicted traffic received according to the at least one scheduled predicted traffic resource { (drawn to features - see claims 4, 13, 18, & 20) }.
Regarding claims 8, 15, and 19, AAA ‘112 discloses the
method of claim 1, further comprising: facilitating, by the radio network node, receiving, from network computing equipment, a proactive scheduling control configuration comprising a predicted confidence level criterion and a predicted confidence level increase criterion; determining, by the radio network node, that the predicted traffic indicated by the at least one traffic prediction indication failed to occur; increasing the predicted confidence level criterion, corresponding to the at least one traffic flow, usable to facilitate prediction of traffic corresponding to the at least one traffic flow to result in a determined increased prediction confidence level criterion; determining a number of confidence level criterion increases to result in a determined number of confidence level criterion increases; analyzing the determined number of confidence level criterion increases with respect to the predicted confidence level increase criterion to result in an analyzed determined number of
confidence criterion increases; and based on the analyzed determined number of confidence criterion increases
corresponding to violation of the predicted confidence level increase criterion, facilitating, by the radio network node, transmitting, to the user equipment, a proactive scheduling interruption indication indicative to the user equipment to discontinue traffic prediction reporting corresponding to the at least one traffic flow { (drawn to features - see claims 1, 2, 3, 8, 11-12, & 15-17) }.
Regarding claim 9, AAA ‘112 discloses the method of claim 1, wherein the predicted traffic comprises a packet associated with the at least one traffic flow { (drawn to features - see claims 4, 11-12, & 18) }.
Regarding claim 10, AAA ‘112 discloses the method of claim 1, wherein the at least one traffic flow corresponds to a multimodal services communication session, and wherein the predicted traffic is downlink traffic predicted to correspond to at least one of: use of the user equipment or uplink traffic predicted to be transmitted, by the user equipment, to the radio network node { (drawn to features - see claims 4, 11-12, 14, & 18) }.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zachrison et al. (US 2021/0022034 A1) discloses network node and method in a wireless communication network.
Sreevalsan et al. (2020/0274815 A1) discloses system and method for classifying network traffic.
Ly et al. (US 2023/0247655 A1) discloses techniques for communicating expected data indication for network power savings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6.
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/WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465
WJD,Jr
03 April 2026