Prosecution Insights
Last updated: April 19, 2026
Application No. 18/570,635

DETERMINATION OF A MACHINE LEARNING MODEL TO BE USED FOR A GIVEN PURPOSE RELATED TO A COMMUNICATION SYSTEM

Non-Final OA §102
Filed
Dec 15, 2023
Examiner
SOLINSKY, PETER G
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Rakuten Mobile Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
91%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
611 granted / 685 resolved
+31.2% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
23 currently pending
Career history
708
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 685 resolved cases

Office Action

§102
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 (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 - 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Newman, U.S. Patent Publication No. 2023/0239854. Newman teaches: [Claim 1] A model determination system, comprising one or more processors, the model determination system causing at least one of the one or more processors to execute: a test data acquisition process of acquiring test data indicating a time series of actual result values of a plurality of types of performance index values related to a communication system (network performance data is acquired, [0204]); a predicted value acquisition process of inputting, to each of a plurality of trained machine learning models to be used for a given prediction purpose related to the communication system, input data corresponding to the machine learning model and acquiring a predicted value for a prediction time point, the input data being a part of the test data, the input data indicating the actual result value for at least one of time points with respect to at least one of the plurality of types of performance index values, pieces of the input data to be input to the plurality of trained machine learning models being different from each other, and the prediction time point being later than any one of the time points (the AI model is operated to predict the future network operations or a network performance metric, [0204]); a prediction accuracy evaluation process of evaluating, for each of the plurality of trained machine learning models, an accuracy of a prediction related to the given prediction purpose by the machine learning model based on the acquired predicted value and, of the test data, a part indicating the actual result value at the prediction time point of the at least one of the plurality of types corresponding to the predicted value; and a model determination process of determining at least one machine learning model among the plurality of trained machine learning models based on a result of the evaluation of the accuracy (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). [Claim 2] The model determination system according to claim 1, wherein the machine learning model outputs the predicted value of at least one of the plurality of types of performance index values (predict network performance metrics, [0204]), and wherein a type of the actual result value indicated by the input data and a type of the predicted value are different (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). [Claim 3] The model determination system according to claim 1, wherein the machine learning model outputs the predicted value of at least one of the plurality of types of performance index values (predict network performance metrics, [0204]), and wherein a type of the actual result value indicated by the input data and a type of the predicted value are the same (prediction can be deemed accurate, [0204], if a perfect match is deemed acceptable or within a few decimal points is acceptable is a matter of design choice and not given much patentable weight). [Claim 4] The model determination system according to claim 1, wherein the model determination system causes the at least one of the one or more processors to execute a learning process of generating the plurality of trained machine learning models by executing learning which uses data that is different from the test data and that indicates the actual result values of the plurality of types of performance index values related to the communication system (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). [Claim 5] The model determination system according to The model determination system according to wherein the model determination system causes the at least one of the one or more processors to execute: a monitoring process of monitoring at least one type of performance index value related to the communication system (network performance data is acquired, [0204], Newman); and an additional performance index value type identification process of identifying, for each of the plurality of trained machine learning models, an additional performance index value type which is a type of performance index value which is required to be added to targets of the monitoring in order to use the machine learning model (see Fig. 2, values are added and subtracted to adjust network performance), and wherein, in the model determination process, the machine learning model is determined based on the result of the evaluation of the accuracy and the additional performance index value type (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). [Claim 6] The model determination system according to claim 5, wherein the model determination system causes the at least one of the one or more processors to execute a monitoring target addition process of adding, to monitoring targets in the monitoring process, the performance index value of the additional performance index value type which is required to be added in order to use the determined machine learning model (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). [Claim 7] The model determination system according to claim 1, wherein the model determination system is configured to cause the at least one of the one or more processors to execute: a monitoring process of monitoring at least one type of performance index value related to the communication system (network performance data is acquired, [0204]); and a monitoring target addition process of adding, to monitoring targets in the monitoring process, a type of performance index value which is required to be added in order to use the determined machine learning model (see Fig. 2, values are added and subtracted to adjust network performance). [Claim 8] The model determination system according to claim 1, wherein the model determination system causes the at least one of the one or more processors to execute a prediction process of predicting the performance index value of the communication system by using the determined machine learning model (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). [Claim 9] The model determination system according to claim 1, wherein, in the model determination process, for each of a plurality of time slots, the machine learning model to be used in prediction in the time slot is determined (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204], it is inherent that time slot utilized for prediction would be known). [Claim 10] A model determination method, comprising: acquiring test data indicating a time series of actual result values of a plurality of types of performance index values related to a communication system (network performance data is acquired, [0204]); inputting, to each of a plurality of trained machine learning models to be used for a given prediction purpose related to the communication system, input data corresponding to the machine learning model and acquiring a predicted value for a prediction time point, the input data being a part of the test data, the input data indicating the actual result value for at least one of time points with respect to at least one of the plurality of types of performance index values, pieces of the input data to be input to the plurality of trained machine learning models being different from each other, and the prediction time point being later than any one of the time points (the AI model is operated to predict the future network operations or a network performance metric, [0204]); evaluating, for each of the plurality of trained machine learning models, an accuracy of a prediction related to the given prediction purpose by the machine learning model based on the acquired predicted value and, of the test data, a part indicating the actual result value at the prediction time point of the at least one of the plurality of types corresponding to the predicted value (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]); and determining at least one machine learning model among the plurality of trained machine learning models based on a result of the evaluation of the accuracy (the accuracy of the predication is evaluated, if the prediction is determined to not be satisfactory, the model variables are adjusted to improve the predictive power, [0204]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER G SOLINSKY whose telephone number is (571)270-7216. The examiner can normally be reached M - Th, 6:30 A - 5:00 P. 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, Asad Nawaz can be reached at 571-272-3988. 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. PETER G. SOLINSKY Examiner Art Unit 2463 /Peter G Solinsky/Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
Dec 31, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12603738
PILOT DETERMINING METHOD AND APPARATUS
2y 5m to grant Granted Apr 14, 2026
Patent 12598624
FEEDBACK CORRESPONDING TO UNIFIED TRANSMISSION CONFIGURATION INDICATIONS IN DOWNLINK CONTROL INFORMATION WITHOUT DOWNLINK ASSIGNMENTS
2y 5m to grant Granted Apr 07, 2026
Patent 12588022
CHANNEL MAP ALLOCATION TO SUBFRAMES IN PERIODIC ADVERTISEMENT WITH RESPONSE
2y 5m to grant Granted Mar 24, 2026
Patent 12574184
Remaining Minimum System Information Communication Method and Related Apparatus
2y 5m to grant Granted Mar 10, 2026
Patent 12568510
METHOD AND DEVICE FOR MANAGING MULTIPLE TCI STATES PER CORESET IN WIRELESS COMMUNICATION SYSTEM
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
91%
With Interview (+1.9%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 685 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month