Prosecution Insights
Last updated: October 02, 2026
Application No. 18/439,817

COMMUNICATION SCHEDULING IN A NETWORK BASED ON DIFFERENT QOS

Final Rejection §102§103
Filed
Feb 13, 2024
Priority
Apr 13, 2023 — provisional 63/459,255
Examiner
PHUNKULH, BOB A
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Charter Communications Operating LLC
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
857 granted / 959 resolved
+31.4% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
975
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
31.5%
-8.5% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 959 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION This communication is in response to applicant’s 06/11/2026 amendment or response in the application of VAIDYA et al. for “COMMUNICATION SCHEDULING IN A NETWORK BASED ON DIFFERENT QOS” filed 02/13/2024. The amendment or response to the claims have been entered. Claims 14-19 have been canceled. Claims 27-38 have been added. Claims 1-13, 20-38 are now pending. 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. Claim(s) 1-11, 13-23, and 25, 27, 29-34, 37-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by XIN et al. (US 2021/0337594 A1), hereinafter XIN. Regarding claim 1, XIN discloses a method comprising: at a first wireless station implementing a listen before talk function to communicate over a wireless channel to a second wireless station (the wireless station performing CSMA/CA using enhanced distributed channel access (EDCA), see ¶ 0167, it should be note that the CSMA/CA is known in the art as listen before sending/talk protocol): receiving multiple data packets destined for delivery over the wireless channel to the second wireless station (the wireless station receiving RTA traffic and non-RTA traffic, see ¶ 0167); responding to detecting that a first data packet and a second data packet of the multiple data packets fall in a first access class of multiple access classes storing the first packet and the second packet in the first access queue (STAs are able to discern between RTA packets and non-RTA packets see ¶ 0010, 0043; the detected packets of VO, R_VO, A_VO are stored in VO queues, see figures 13-14 and ¶ 0143); detecting that the first data packet is marked as being higher in priority than the second data packet in the first access class (the RTA packets are given a higher priority than other packets, see ¶ 0010; e.g A_VO packet have priority over other packets such as R_VO packets or VO packets, see figure 15) and scheduling the first data packet for transmission over the wireless channel prior to transmission of the second data packet over the wireless channel (transmitting V_VO packets over R_VO packets, see ¶ 0010, 0044 see figure 15). Regarding claim 2, XIN inherently discloses at the first wireless station: mapping an identity of the first access class to a first clear channel assessment window assigned to the first access class; and in response to detecting non-use of the wireless channel for a time duration as specified by the first clear channel assessment window: transmitting the first data packet over the wireless channel followed by transmission of the second data packet over the wireless channel (inherent feature: the STA performs CCA to determine where the transmission channel is busy or available for transmission of RTA packets, see ¶ 0130, 0140) Regarding claim 3, XIN discloses via the first wireless station: transmitting the first data packet over the wireless channel in response to a first acquisition of the wireless channel; and transmitting the second data packet over the wireless channel in response to a second acquisition of the wireless channel (the STA transmits the packets in A_VO transmit queue first 718 or STA transmits the packets in R_VO transmits first 484 or STA transmits the packets in VO transmit queue 482, see figure 15). PNG media_image1.png 507 737 media_image1.png Greyscale Regarding claim 4, XIN discloses detecting that the first data packet is marked as being higher in priority than the second data packet in the first access class includes: based on analyzing first bit information in the first data packet, detecting that the first data packet is marked as a high priority data packet in the first access class; and based on analyzing second bit information in the second data packet, detecting that the second data packet is not marked as a high priority data packet in the first access class (mapping to transmit queues and AC 434 detecting incoming packets, analyzing each packet and storing in appropriate queues based on it priority for scheduling for service, see figures 13-14). Regarding claim 5, XIN discloses scheduling the first data packet for transmission over the wireless channel prior to transmission of the second data packet over the wireless channel includes: storing the first data packet in a first queue of the first access class; and storing the second data packet in a second queue of the first access class (the same AC packets are stored in different sub-queue VO, R_VO, A_VO for VO AC packets and storing VI AC packets in sub-queues A_VI or VI pr, see figures 7, 13-14). Regarding claim 6, XIN discloses storing a third data packet in the first queue prior to storing the first data packet in the first sub-queue (network control (NC) packet are transmitted the earliest, see ¶ 0010); and in accordance with the scheduling: transmitting the third data packet over the wireless channel followed by transmission of the first data packet over the wireless channel before transmitting the second data packet over the wireless channel (RTA packets with a higher priority than other packets, except for Network Control (NC) packets. That is, the RTA packets are given a higher probability of being transmitted earlier than other packets, except for NC packets, see ¶ 0044). Regarding claim 7, XIN discloses emptying the first queue by transmitting all data packets in the first queue including the first data packet over the wireless channel before transmitting the second data packet over the wireless channel (make sure the first queue e.g. A_VO transmit queue 476 is empty before transmitting packets in queue R_VO queue 480 or packets in VO queue 482, see figure 15). Regarding claim 8, XIN discloses implementing a first processing layer to detect that the first data packet is marked as being higher in priority than the second data packet in the first access class, the first processing layer controlling which of multiple queues associated with the first access class each of the first data packet and the second data packet is stored for subsequent transmission over the wireless channel (Packets come in as MSDU including UP and RTA information 392 to be mapped 394 to transmit queues 410 in different access categories (AC). A new transmit queue R_VO 398 is added in the queue system, with the conventional queues VO 396, A_VO 400, A_VI 402, VI 404, BE 406 and BK 408., see ¶ 0143). Regarding claim 9, XIN discloses implementing a first processing layer to process bit information in each of the multiple data packets (the mapping to transmit queues and AC 194, see figure 13); and via the first processing layer: i) storing the first data packet in a first queue associated with the first access class in response to detecting presence of a high priority marker in the first data packet (highest priority of VO are stores in queues 396, see figure 13) and ii) storing the second data packet in a second queue associated with the first access class in response to detecting absence of the high priority marker in the second data packet (the second highest priority of R_VO are stores in queues 398, see figure 13). Regarding claim 10, XIN discloses the multiple data packets received by the first wireless station further includes a third data packet and a fourth data packet, the method further comprising: at the first wireless station: detecting that the third data packet and the fourth data packet of the multiple data packets fall in a second access class of the multiple access classes; and scheduling the third data packet and the fourth data packet for transmission over the wireless channel prior to transmission of the first data packet over the wireless channel (the incoming multiple packets are mapped into appropriate access categories (AC) and scheduling the according to assigned priority, see figure 13 and ¶ 0143-0144). Regarding claim 11, XIN discloses scheduling the third data packet and the fourth data packet for transmission over the wireless channel prior to transmission of the first data packet over the wireless channel includes: storing the third data packet and the fourth data packet in a first queue of the second access class; and transmitting the third data packet and the fourth data packet over the wireless channel prior to transmitting the first data packet over the wireless channel (the R_VO transmit queue 398 shares the VO EDCAF 412 with the VO and A_VO transmit queues, see ¶ 0144 and figure 13). Regarding claim 13, XIN discloses a system comprising: a communication management resource operative to: receive multiple data packets destined for delivery over the wireless channel to the second wireless station (the wireless station receiving RTA traffic and non-RTA traffic, see ¶ 0167); in response to detecting that a first data packet and a second data packet of the multiple data packets fall in a first access class of multiple access classes storing the first packet and the second packet in the first access queue (STAs are able to discern between RTA packets and non-RTA packets see ¶ 0010, 0043; the detected packets of VO, R_VO, A_VO are stored in VO queues, see figures 13-14 and ¶ 0143); detect that the first data packet is marked as being higher in priority than the second data packet in the first access class (the RTA packets are given a higher priority than other packets, see ¶ 0010; e.g A_VO packet have priority over other packets such as R_VO packets or VO packets, see figure 15) and schedule the first data packet for transmission over the wireless channel prior to transmission of the second data packet over the wireless channel (transmitting V_VO packets over R_VO packets, see ¶ 0010, 0044 see figure 15). Regarding claim 20, XIN discloses implementing a first processing layer to detect that the first data packet is marked as being higher in priority than the second data packet in the first access class, the first processing layer controlling which of multiple queues associated with the first access class each of the first data packet and the second data packet is stored for subsequent transmission over the wireless channel (Packets come in as MSDU including UP and RTA information 392 to be mapped 394 to transmit queues 410 in different access categories (AC). A new transmit queue R_VO 398 is added in the queue system, with the conventional queues VO 396, A_VO 400, A_VI 402, VI 404, BE 406 and BK 408, see ¶ 0143 and figure 15). Regarding claim 21, XIN discloses implementing a first processing layer to process bit information in each of the multiple data packets (the mapping to transmit queues and AC 194, see figure 13); and via the first processing layer: i) storing the first data packet in a first queue associated with the first access class in response to detecting presence of a high priority marker in the first data packet (highest priority of VO are stores in queues 396, see figure 13) and ii) storing the second data packet in a second queue associated with the first access class in response to detecting absence of the high priority marker in the second data packet (the second highest priority of R_VO are stores in queues 398, see figure 13). Regarding claim 22, XIN discloses the multiple data packets received by the first wireless station further include a third data packet and a fourth data packet, the method further comprising: at the first wireless station: detecting that the third data packet and the fourth data packet of the multiple data packets fall in a second access class of the multiple access classes; and scheduling the third data packet and the fourth data packet for transmission over the wireless channel prior to transmission of the first data packet over the wireless channel (the incoming multiple packets are mapped into appropriate access categories (AC) and scheduling the according to assigned priority, see figure 13 and ¶ 0143-0144). Regarding claim 23, XIN discloses scheduling the third data packet and the fourth data packet for transmission over the wireless channel prior to transmission of the first data packet over the wireless channel includes: storing the third data packet and the fourth data packet in a first queue of the second access class; and transmitting the third data packet and the fourth data packet over the wireless channel prior to transmitting the first data packet over the wireless channel (the R_VO transmit queue 398 shares the VO EDCAF 412 with the VO and A_VO transmit queues, see ¶ 0144 and figure 13). Regarding claim 25, XIN discloses Computer-readable storage hardware having instructions stored thereon, the instructions, when carried out by computer processor hardware, cause the computer processor hardware to: receive multiple data packets destined for delivery over the wireless channel to the second wireless station (the wireless station receiving RTA traffic and non-RTA traffic, see ¶ 0167); in response to detecting that a first data packet and a second data packet of the multiple data packets fall in a first access class of multiple access classes storing the first packet and the second packet in the first access queue (STAs are able to discern between RTA packets and non-RTA packets see ¶ 0010, 0043; the detected packets of VO, R_VO, A_VO are stored in VO queues, see figures 13-14 and ¶ 0143); detect that the first data packet is marked as being higher in priority than the second data packet in the first access class (the RTA packets are given a higher priority than other packets, see ¶ 0010; e.g A_VO packet have priority over other packets such as R_VO packets or VO packets, see figure 15) and schedule the first data packet for transmission over the wireless channel prior to transmission of the second data packet over the wireless channel (transmitting V_VO packets over R_VO packets, see ¶ 0010, 0044 see figure 15). Regarding claim 27, XIN discloses wherein the multiple data packets include a third data packet originally destined for storage in a low priority sub- queue of the first access class queue, the method further comprising: in response to detecting congestion associated with wirelessly transmitting wireless communications from the first wireless station over the wireless channel, storing the third data packet in a high priority sub- queue of the first access class queue (priority of the incoming packets can be dynamically adjustable: the apparatus or method of any preceding embodiment, wherein said instructions when executed by the processor further perform one or more steps comprising transmitting non-RTA packets earlier than RTA packets with higher probability only if the non-RTA packets have higher user priority than RTA packets, see ¶ 0176). Regarding claim 29, XIN discloses the first access class queue includes a first sub-queue and a second sub-queue, the first sub-queue supporting a first latency of transmitting respective data packets in the first sub-queue over the wireless channel, the second sub-queue supporting second latency of transmitting respective data packets in the second sub- queue over the wireless channel; and wherein the first latency is less than the second latency (e.g. the VO access class have multiple sub-queues VO 396, R_VO 398, A_VO 400, see figures 13-14; the A_VO have priority over R_VO or VO, see figure 15). Regarding claim 30, XIN discloses storing the first data packet and the second data packet in the first access class queue includes: storing the first data packet in the first sub-queue; and storing the second data packet in the second sub-queue (e.g. the VO access class have multiple sub-queues VO 396, R_VO 398, A_VO 400 for storing respective packets, see figures 13-14). Regarding claim 31, XIN discloses the first access class queue is assigned a contention window for use by the first wireless station to acquire the wireless channel and transmit both the first data packet and the second data packet over the wireless channel (when STA 1 have RTA packets to transmits packets, a contention window is used to transmit VO packets LL EDCAF and VO EDCAF packets, see ¶ 0128-0130, 0133, 0134). Regarding claim 32, XIN discloses the first wireless station: i) monitoring for non-use of the wireless channel during the assigned contention window, ii) acquiring the wireless channel in response to detecting the non-use of the wireless channel during the assigned contention window (VO EDCAF obtains the channel access to transmit packet 474, see figure 15); and iii) transmitting the first data packet followed by the second data packet over the wireless channel in response to the acquiring of the wireless channel (transmitting A_VO packets 476 follow by R_VO packets 480, where A_VO packets have higher priority over R_VO packets, see figure 15 and ¶ 0155). Regarding claim 33, XIN discloses the first access class queue includes a first sub-queue and a second sub-queue, the first sub-queue supporting a first latency of transmitting first data packets in the first sub- queue over the wireless channel, the second sub-queue supporting a second latency of transmitting second data packets in the second sub- queue over the wireless channel (VO AC 412 includes sub-queues VO 396, R_VO 398, and A_V0 400 for supporting first latency and second latency packets, see figures 13-15); wherein the first access class queue is assigned a first contention window to acquire use of the wireless channel (contention window is set to CWmin[VO], see ¶ 0133); wherein the second access class queue includes a third sub-queue and a fourth sub-queue, the third sub-queue supporting a third latency of transmitting third data packets in the third sub-queue over the wireless channel, the fourth sub-queue supporting a fourth latency of transmitting fourth data packets in the fourth sub-queue over the wireless channel (VI AC 414 includes sub-queues A_VI 402, VI 404, for supporting third latency and fourth latency packets, see figures 13-15); and wherein the second access class queue is assigned a second contention window to acquire use of the wireless channel (CW is dynamically adjustable, see ¶ 0119-0120). Regarding claim 34, XIN discloses a magnitude of the first contention window is less than the magnitude of the second contention window (CWmin or CWmax, see ¶ 0119-0120). Regarding claim 37, XIN discloses the first access class queue includes a first sub-queue storing the first data packet and a second sub- queue storing the second data packet, the first sub-queue assigned a higher priority than the second sub-queue (the plurality of sub-queues VO, R_VO, A_VO, for access class VO 412, see figure 13); and wherein the first access class queue is assigned a contention window for use by the first wireless station to acquire the wireless channel and transmit both the first data packet and the second data packet over the wireless channel (when STA 1 have RTA packets to transmits packets, a contention window is used to transmit VO packets LL EDCAF and VO EDCAF packets, see ¶ 0128-0130, 0133, 0134). Regarding claim 38, XIN discloses via the wireless station: monitoring the wireless channel during the assigned contention window to acquire the wireless channel (VO EDCAF obtains the channel access to transmit packet 474, see figure 15); and in response to acquiring the wireless channel using the assigned contention window, transmitting the first data packet over the acquired wireless channel followed by transmitting the second data packet over the acquired wireless channel, the first data packet transmitted before the second data packet over the acquired wireless channel based on the first sub-queue being assigned a higher priority than the second sub-queue (transmitting A_VO packets 476 follow by R_VO packets 480, where A_VO packets have higher priority over R_VO packets, see figure 15 and ¶ 0155). 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. Claim(s) 12 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over XIN in view of AHMED et al. (US 11,330,460), hereinafter AHMED. Regarding claims 12 and 24, XIN discloses scheduling the third data packet and the fourth data packet for transmission over the wireless channel prior to transmission of the first data packet over the wireless channel includes: storing the third data packet in a first queue of the second access class; storing the fourth data packet in a second queue of the second access class (packets store in queues 402, 404 or VI packets, see figures 13, 14). However, XIN fails to disclose transmitting the third data packet and the fourth data packet over the wireless channel prior to transmitting the first data packet and the second data packet over the wireless channel. In the same field of endeavor, AHMED discloses that in one aspect, EDCA parameters can be determined or assigned according to a priority. In one approach, communication can be classified into access classes (AC) according to a type of content to transmit. For example, communication can be classified into voice, video, best effort, background, etc. In some embodiments, artificial reality application may select an AC or queue. According to the AC, the wireless controller 520 can select a set of values for the EDCA parameters. In one example, a higher priority AC may have a smaller AIFS than a lower priority AC. In one example, a higher priority AC may have a smaller CWmin and CWmax than a lower priority AC. Hence, a higher priority AC may obtain access to the wireless link before the lower priority AC (see col. 12 lines 61 to col. 13 line 7). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement AHMED’s teaching in the network taught by XIN to allow the user capability to dynamically adjusting the channel access for packet transmission based on current’s need. Allowable Subject Matter Claims 26, 28, 35-36 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. Response to Arguments Applicant's arguments filed 6/11/2026 have been fully considered but they are not persuasive. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. 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. Any response to this action should be mailed to: The following address mail to be delivered by the United States Postal Service (USPS) only: Mail Stop _____________ Commissioner for Patents P. O. Box 1450 Alexandria, VA 22313-1450 or faxed to: (571) 273-8300, (for formal communications intended for entry) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor CHARLES C. JIANG can be reach on (571) 270-7191. 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). /BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Feb 13, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §102, §103
Jun 11, 2026
Response Filed
Sep 01, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+9.5%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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