Prosecution Insights
Last updated: April 19, 2026
Application No. 18/505,758

COMMUNICATION CONTROL METHOD

Non-Final OA §102§103
Filed
Nov 09, 2023
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Kyocera Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
787 granted / 932 resolved
+26.4% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
32 currently pending
Career history
964
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 932 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-4 and 8-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. (US 2022/0361082 A1), hereinafter referred to as D1. Regarding claim 1, D1 discloses a method and apparatus for reducing latency in a communication system, which comprises: calculating, by a first relay node, a buffer size (BS) using a first calculation method among a plurality of calculation methods relating to the buffer size (Referring to Figure 7, In operation 711, the communication device 720C (first relay node) may receive configuration information for triggering (calculating) the transmission of a Pre-BSR (a buffer size). After transmitting the UL grant, the communication device 720C may determine, in operation 717 (denoted by a dotted line as an option), whether a triggering condition for transmitting a Pre-BSR or a Pre-SR is met. The triggering condition may be configured by the BS via configuration information described above with respect to operation 711 (a first calculation method among a plurality of calculation methods relating to the buffer size). See paragraphs 0126 and 0130.); and transmitting, by the first relay node to a parent node of the first relay node, a pre-emptive Buffer Status Report (BSR) comprising the buffer size (Referring to Figure 7, Pre-BSR (a pre-emptive BSR) or Pre-SR may thus need to be transmitted to at least one parent node of the communication device (first relay node). Transmitting the Pre-BSR. See paragraph 0134 and 0135.) Regarding claim 2, D1 discloses configuring, by an upper node of the first relay node, the first calculation method in the first relay node (Referring to Figures 4-7, In operation 711, the communication device 720C (first relay node) may receive configuration information for triggering (calculating) the transmission of a Pre-BSR (a buffer size). After transmitting the UL grant, the communication device 720C may determine, in operation 717 (denoted by a dotted line as an option), whether a triggering condition for transmitting a Pre-BSR or a Pre-SR is met. The triggering condition may be configured by the BS via configuration information described above with respect to operation 711 (configuring, by an upper node of the first relay nod, the first calculation method in the first relay node). See paragraphs 0126-0130.) Regarding claim 3, D1 discloses by the first relay node, determining the first calculation method and transmitting the determined first calculation method to an upper node of the first relay node (Referring to Figures 4-7, In operation 711, the communication device 720C (first relay node) may receive configuration information for triggering (calculating) the transmission of a Pre-BSR (a buffer size). After transmitting the UL grant, the communication device 720C may determine, in operation 717 (denoted by a dotted line as an option), whether a triggering condition for transmitting a Pre-BSR or a Pre-SR is met. The triggering condition may be configured by the BS via configuration information described above with respect to operation 711 (a first calculation method among a plurality of calculation methods relating to the buffer size). See paragraphs 0126-0130. Transmitting the Pre-BSR (transmitting the determined first calculation method to an upper node of the first relay node). See paragraph 0134 and 0135.) Regarding claim 4, D1 discloses wherein the calculating comprises determining, by the first relay node, the first calculation method in accordance with a transmission timing of the pre-emptive BSR (Referring to Figures 4-7, In operation 711, the communication device 720C (first relay node) may receive configuration information for triggering (calculating) the transmission of a Pre-BSR (a buffer size). After transmitting the UL grant, the communication device 720C may determine, in operation 717 (denoted by a dotted line as an option), whether a triggering condition for transmitting a Pre-BSR or a Pre-SR is met. The triggering condition may be configured by the BS via configuration information described above with respect to operation 711 (the first calculation method in accordance with a transmission timing of the pre-emptive BSR as the trigger controls the time in which the Pre-BSR is transmitted). See paragraphs 0126-0130.) Regarding claim 8, D1 discloses a method and apparatus for reducing latency in a communication system, which comprises: dividing, by a relay node, a calculated buffer size into a first buffer size and a second buffer size in accordance with an allocation rate (Referring to Figure 7, Certain criteria may be employed to determine whether Pre-SR or Pre-BSR is transmitted to more than one parent devices by a communication device (relay node) (under a broad literal reasonable claim interpretation, multiple Pre-BSRs interpreted as a first buffer size and a second buffer size, in accordance with an allocation rate, in which the division is a factor of unity; thereby, the transmission of multiple Pre-BSR taught by the prior art reads upon the claim limitation as the allocation rate is not explicitly defined). There criteria may be applied to procedure 700 to determine, for example, whether one or more of operation 719 and operation 719′ should be performed, or whether one or more of operation 723 and operation 723′ should be performed. See paragraph 0138.); and by the relay node, transmitting a first pre-emptive BSR comprising the first buffer size to a first parent node being a parent node of the relay node, and transmitting a second pre-emptive BSR comprising the second buffer size to a second parent node being a parent of the relay node, wherein a main cell group (MCG) comprises the first parent node, and a secondary cell group (SCG) comprises the second parent node (Referring to Figure 7, A Pre-BSR is transmitted to more than one parent device by the communication device (relay node). Thereby, comprising a first and second Pre-BSR transmitted to a first and second parent device. The first parent considered the MCG and second parent considered the SCG. See paragraph 0138.) Regarding claim 9, D1 discloses configuring, by a donor node, the allocation rate in the relay node (Referring to Figures 6-8, the communication node, donor node, sends multiple Pre-BSR to more one than one parent (interpreted as the allocation rate of unity). See paragraphs 0138-141.) Regarding claim 10, D1 discloses wherein the allocation rate is 1/2 of the calculated buffer size (Referring to Figures 6-8, the communication node, donor node, sends one Pre-BSR to one parent (interpreted as the allocation rate of 1/2 of sending two Pre-BSR, one to a first parent and another to a second parent). See paragraphs 0138-141.) Regarding claim 11, D1 discloses determining, by the relay node, the allocation rate based on a history of packets going in the relay node and packets going out of the relay node (Referring to Figures 6-8, the communication node, donor node, sends multiple Pre-BSR to more one than one parent (based on a history of packet going in the relay node and packets going out of the relay node as the manner in which history affects the allocation rate is not explicitly recited). See paragraphs 0138-141.) 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) 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of Chen et al. (US 2021/0250804 A1), hereinafter referred to as D2. Regarding claim 5, D1 discloses a method and apparatus for reducing latency in a communication system, which comprises: receiving, by a relay node from a child node of the relay node, a legacy BSR comprising a buffer size amount X1; transmitting, by the relay node to the child node, an uplink grant (UL grant) comprising a resource amount X2 (Referring to Figure 7, the parent node (relay node) may transmit the BSR (legacy BSR, comprising a buffer size amount) after it transmits an UL grant (comprising a resource amount) to its child node. See paragraph 0121.) D1 does not disclose receiving, by the relay node, data from the child node; transferring, by the relay node, the data to an IAB-MT of the relay node; calculating, by the relay node, a buffer size using either (X1 - M) or (X2 - M), where M is a data amount transferred to the IAB-MT of the relay node; and transmitting, by the relay node, a pre-emptive BSR comprising the buffer size to a parent node of the relay node. D2 teaches a BSR may also be triggered for the specific case of an IAB-MT if any of the following events occur: UL grant is provided to child IAB node or UE or BSR is received from child IAB node or UE (the UL grant permitting the transmission of data; thereby, receiving by the relay node data from the child node and transferring the data to an IAB-MT of the relay node). The Buffer Size field identifies the total amount of data available (data amount transferred to the IAB-MT, the total amount representative of X1-M or X2-M, the claim does not specify the resultant but rather merely the calculation utilizes either X1-M or X2-M and the prior art calculates the total data amount which comprises those values) according to the data volume calculation procedure in TSs 38.322 [3] and 38.323 [4] across all logical channels of a logical channel group after the MAC PDU has been built (i.e. after the logical channel prioritization procedure, which may result the value of the Buffer Size field to zero). The amount of data is indicated in number of bytes. For the pre-emptive BSR, the Buffer Size field identifies the total amount of the data expected to arrive at the node where the pre-emptive BSR is triggered (transmitting by the relay node a pre-emptive BSR comprising the buffer size to a parent node of the relay node). See paragraphs 0380-0383. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the IAB-MT in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability with IAB mobile terminals. Regarding claim 6, D1 does not disclose wherein the calculating of the buffer size comprises calculating, by the relay node, the buffer size using either (X1 + (D - M)) or (X2 + (D - M)), where D is a data amount received from the child node. D2 teaches a BSR may also be triggered for the specific case of an IAB-MT if any of the following events occur: UL grant is provided to child IAB node or UE or BSR is received from child IAB node or UE (the UL grant permitting the transmission of data; thereby, receiving by the relay node data from the child node and transferring the data to an IAB-MT of the relay node). The Buffer Size field identifies the total amount of data available (data amount transferred to the IAB-MT, the total amount representative of X1 + (D-M) or X2+(D-M), the claim does not specify the resultant but rather merely the calculation utilizes either value and the prior art calculates the total data amount which comprises those values) according to the data volume calculation procedure in TSs 38.322 [3] and 38.323 [4] across all logical channels of a logical channel group after the MAC PDU has been built (i.e. after the logical channel prioritization procedure, which may result the value of the Buffer Size field to zero). The amount of data is indicated in number of bytes. For the pre-emptive BSR, the Buffer Size field identifies the total amount of the data expected to arrive at the node where the pre-emptive BSR is triggered (transmitting by the relay node a pre-emptive BSR comprising the buffer size to a parent node of the relay node). See paragraphs 0380-0383. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the IAB Node of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability with IAB mobile terminals. Regarding claim 7, D1 discloses receiving, by a relay node, a first legacy BSR from a child node of the relay node; transmitting, by the relay node, an uplink grant (UL grant) to the child node (Referring to Figure 7, the parent node (relay node) may transmit the BSR (legacy BSR, comprising a buffer size amount) after it transmits an UL grant (comprising a resource amount) to its child node. See paragraph 0121.) D1 does not disclose receiving, by the relay node, data from the child node; and transmitting, by the relay node to a parent node of the relay node, a second legacy BSR comprising, in a buffer size, a data amount retained in an IAB-DU of the relay node when the first legacy BSR is received or when the uplink grant is transmitted. D2 teaches a BSR may also be triggered for the specific case of an IAB-MT if any of the following events occur: UL grant is provided to child IAB node or UE or BSR is received from child IAB node or UE (the UL grant permitting the transmission of data; thereby, receiving by the relay node data from the child node and transferring the data to an IAB-MT (IAB-DU of the relay node, as the IAB Node comprises a mobile termination part and a network part)). The Buffer Size field identifies the total amount of data available (a data amount retained in an IAB-DU of the relay node when the uplink grant is transmitted) according to the data volume calculation procedure in TSs 38.322 [3] and 38.323 [4] across all logical channels of a logical channel group after the MAC PDU has been built (i.e. after the logical channel prioritization procedure, which may result the value of the Buffer Size field to zero). The amount of data is indicated in number of bytes. For the pre-emptive BSR, the Buffer Size field identifies the total amount of the data expected to arrive at the node where the pre-emptive BSR is triggered (transmitting by the relay node to a parent node of the relay node a second legacy BSR). See paragraphs 0380-0383. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the IAB Node of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability with IAB mobile terminals. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bergström et al. (US 2024/0414589 A1) - the version of the buffer status report to use may be determined from among multiple buffer status report versions, where two or more of the multiple buffer status report versions each support multiple logical channel groups, LCGs, e.g., a first version that supports up to 8 LCGs and a second version that supports up to 256 LCGs. Regardless, the first network node transmits the buffer status report of this determined version to a second network node. Wu et al. (US 2024/0349380 A1) - a method performed by an IAB node may include: receiving, at a backhaul adaptation protocol (BAP) layer of the IAB node, a backhaul (BH) radio failure link (RLF) indication from a parent node of the IAB node, wherein the BH RLF indication indicates an RLF detection on a radio link between the parent node of the IAB node and a parent node of the parent node of the IAB node or the BH RLF recovery success on the same radio link. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST. 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/Primary Examiner, Art Unit 2462
Read full office action

Prosecution Timeline

Nov 09, 2023
Application Filed
Jan 10, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.5%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 932 resolved cases by this examiner. Grant probability derived from career allow rate.

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