Prosecution Insights
Last updated: July 17, 2026
Application No. 18/574,532

SETTING RELAY RADIO WAVE IN CONTROL OF RELAY STATION BY NETWORK

Final Rejection §103
Filed
Dec 27, 2023
Priority
Nov 04, 2022 — JP 2022-177462 +1 more
Examiner
DABIRI, HIDAYAT T
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Rakuten Mobile Inc.
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
37 granted / 53 resolved
+11.8% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
17 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
93.6%
+53.6% vs TC avg
§102
4.8%
-35.2% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 53 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the application 18/574,532 filed on December 27th, 2023. Claim Status This office action is based upon claims received on 03/17/2026, which replace all prior or other submitted versions of the claims. Claim 4 is canceled. Claims 1 – 3 and 5 – 8 pending. Claims 1 – 3 and 5 – 8 are rejected. 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 . Response to Arguments/Remarks Claim Rejection under 35 U.S.C. 112(b): Claims 1, 7, and 8 were rejected to under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The appropriate corrections have been made in claims 1, 7, and 8. The claim rejection is hereby withdrawn. Claim Rejection under 35 U.S.C. 101: Claim 8 was rejected to under 35 U.S.C. 101 because it recited “A computer-readable medium storing a communication control program”. The appropriate correction has been made in claim 8. The claim rejection is hereby withdrawn. Applicant's arguments, see pages 8 – 10 of the Remarks, filed 03/17/2026, with respect to the rejections of independent claims 1, 7, and 8, and dependent claims 2 – 3, and 5 – 6, with the exception of newly canceled claim 4, under applied prior art references of record in the office action dated 12/17/2025, particularly as regards the amended limitations, have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made in view of Pan et al. [US 20210058874 A1]. Therefore, the rejection has been revised as set forth below according to the amended claims. See office action below. It should be noted that the scope of the previous claim 1 has been changed with the current amendment. Therefore, this amendment changes the scope of the limitation as recited in amended claim 1, and it necessitates a new ground(s) of rejection. All remaining arguments presented by Applicant not specifically addressed herein and directed to various dependent claims are found unpersuasive for the same reasons as stated herein, with regard to independent claims. The rejection has been revised and set forth below according to the amended claims. Claim Objections Claim 5 is objected to because of the following informalities: The word provides on line 3 is a repeat. Appropriate correction is required. 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. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 – 3 and 5 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tekgul et al. [US 20210075497 A1] hereinafter Tekgul, and further in view of Pan et al. [US 20210058874 A1] hereinafter Pan. Regarding claim 1, Tekgul teaches a communication control system (Tekgul: Fig. 1, Fig. 6, Fig. 9, ¶ 7, ¶ 30, ¶ 108; in view of a system of wireless communication that comprises a base station (i.e., 102 or 604), a relay node (i.e., 103 or 602), and a UE (i.e., 104 or 606), wherein they are separate entities that collectively embody the features of the claimed communication control system) comprising; a relay station controller in a radio access network (Tekgul: Fig. 6, ¶ 81, Fig. 8, ¶ 106, Fig. 9, ¶ 108; in view of a determination component 814 within the base station 604), the relay station controller configured to control a relay station that relays communication between the radio access network and a communication device (Tekgul: Fig. 6, ¶ 85, Fig. 7, ¶ 102; wherein in step 611 and in step 708, the base station 604, which is an entity in the radio access network controls the relay station (i.e., the relay node), and the relay node relays communication between the base station 604 and the UE 606 as shown in Fig. 6), the relay station controller comprising at least one processor (Tekgul: Fig. 6, Fig. 9, ¶ 28, ¶ 108; in view of a “processing system” that includes one or more processors (e.g., processor 904) within the base station 604) configured to: receive, from the relay station, information relating to quality of a network-side relay link between the relay station and the radio access network (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the relay 602 may communicate measurement information 607 to the base station 604. The measurement information 607 may include measurements of the backhaul link (i.e., the quality of the link) between the relay 602 and the base station 604 (either directly linked or linked through one or more additional relays)); receive, from the communication device, information relating to quality of a relay link via the relay station between the communication device and the radio access network (Tekgul: Fig. 6, ¶ 84; wherein the UE 606 may communicate measurement information 609 to the base station 604. The measurement information 609 may include measurements of the access link (i.e., the quality of the link) between the relay 602 and the UE 606 (either directly linked or linked through one or more additional relays). The base station 604 may use the measurement information 609 to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606); and provide the relay station with setting information for setting transmission of a relay radio wave to be transmitted by the relay station to the communication device, in accordance with quality information relating to quality of a communication-device-side relay link between the relay station and the communication device (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the base station 604 may select the mode (i.e., a setting information for setting transmission), at 611, based on the measurement information (i.e., the quality of the link) provided to the base station 604 by the relay 602 and by the UE 606. The measurement information (i.e., 607 and/or 609) may include measurements of the access link between the relay 602 and the UE 606. The base station 604 may use the measurement information (e.g., 607 and/or 609) to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606 (i.e., a communication that is done via the relay node 602)), which corresponds to (i) the quality information relating to the quality of the relay link via the relay station and (ii) the quality information relating to the quality of the network-side relay link (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the measurement information 607 is the quality information relating to the quality of the network-side relay link to the base station 604 (i.e., the backhaul link), and the measurement information 609 is the quality information relating to the quality of the communication-device-side relay link via the relay station to the base station 604 (i.e., the access link)). Tekgul does not explicitly disclose that the setting information is in accordance with quality information which corresponds to a difference between (i) the quality information relating to the quality of the relay link via the relay station and (ii) the quality information relating to the quality of the network-side relay link. Referring to the invention of Pan, Pan teaches that setting information for setting a transmission between a network device and a communication device via a relay node is in accordance with quality information which corresponds to a difference between the signal strength of a backhaul DL signal and the signal strength of an access UL signal being within a tolerance range of the relay node (Pan: Fig. 5, ¶ 46, ¶ 67, ¶ 114, ¶ 117, ¶ 136; wherein the donor gNB (i.e., the base station) can adjust the transmission power of the backhaul DL signal from the donor gNB in cooperation with the power control mechanism of the relay node (i.e., the relay node power control mechanism as described in paragraphs 114 and 117 for instance), so that the difference between the signal power of the backhaul DL signal when the backhaul DL signal reaches the relay node and the signal power of the access UL signal from the terminal device when the access UL signal from the terminal device reaches the relay node, is within the tolerance range of the relay node. Therefore, the setting information that the base station provides to the relay station is in accordance with the signal strength and quality information which corresponds to a difference between the quality information of the backhaul DL signal power, and the quality information of the access UL signal power). Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the transmission power signal quality teachings of Pan into the communication control system teachings of Tekgul in order to detect bottlenecks, optimize performance, maintain balanced link quality, reduce communication delay, improve overall communication efficiency, and improve overall system reliability. Regarding claim 2, Tekgul in view of Pan teaches the communication control system according to claim 1, wherein at least one processor is further configured to: provide, based on the information relating to the quality of the network-side relay link between the relay station and the radio access network, the relay station with setting information concerning the relay radio wave to be transmitted by the relay station to the communication device based on the information relating to the quality of the network-side relay link (Tekgul: Fig. 6, ¶ 84, ¶ 86, ¶ 88; wherein the base station 604 may select the mode, at 611 and provide the selected relay mode to the relay station in 613 (i.e., the base station provides setting information to the relay station), based on the measurement information 607 provided to the base station 604 by the relay 602. The base station 604 may use the measurement information 607 to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606. Therefore, the selected mode that the base station transmits to the relay station is based (at least partly) on the measurement information 607, and is to be transmitted to the UE through the relay station in signaling 615). Regarding claim 3, Tekgul in view of Pan teaches the communication control system according to claim 2, wherein the at least one processor is further configured to provide the relay station with setting information for setting transmission of an uplink relay radio wave to be transmitted by the relay station to the radio access network based on the information relating to the quality of the network-side relay link (Tekgul: Fig. 6, ¶ 84, ¶ 86, ¶ 88, ¶ 95 – 97; wherein at step 613, after selecting the mode, at 611, based on the measurement information provided to the base station 604 by the relay 602, the base station 604 may indicate the selected mode to the relay 602 (e.g., in signaling 613) and the relay node then sends communication to the base station 604 in step 627 (i.e., wherein a communication sent to the base station from the relay node is an uplink communication)). Regarding claim 5, Tekgul in view of Pan teaches the communication control system according to claim 2, wherein the at least one processor is configured to provide provides the relay station with the setting information relating to at least one of the following for the relay radio wave to be transmitted by the relay station: coverage, allocation to a specific communication device, transmission power (Pan: Fig. 5, ¶ 67, ¶ 136; wherein the donor gNB (i.e., the base station) can adjust the transmission power of the backhaul DL signal from the donor gNB in cooperation with the power control mechanism of the relay node (i.e., the base station adjusts the transmission power and sends it to the relay node in the setting information)), beam type, beam width, number of beams, beam direction (Tekgul: ¶ 62, ¶ 67, ¶ 83; wherein the relay node may receive some control from the base station, and the base station may control a beam used by the relay, (e.g. a send and/or receive beam direction)), frequency, frequency bandwidth, subcarrier spacing, symbol length, slot length, transmission time length, and transmission pattern. Regarding claim 6, Tekgul in view of Pan teaches the communication control system according to claim 5, wherein the at least one processor is configured to provide the relay station with the setting information relating to the transmission power as the setting information relating to amplifier gain in the relay station (Tekgul: ¶ 66, ¶ 67; wherein the base station may send a control signal and the control signal may instruct the controller 410 to control the receive antenna array 430 to receive on a specific beam, may instruct the controller 410 to control the transmit antenna array 450 to transmit on a specific beam, and/or may instruct the controller 410 to utilize a specific gain at the amplifier 440 (I.e., thereby setting the transmission power as the setting information concerning amplifier gain in the relay station)). Regarding claim 7, Tekgul teaches a communication control method (Tekgul: Fig. 6, Fig. 9, ¶ 7, ¶ 30, ¶ 108; in view of a method applied to a system of wireless communication) performing: controlling, by a relay station controller in a radio access network (Tekgul: Fig. 6, ¶ 81, Fig. 8, ¶ 106, Fig. 9, ¶ 108; in view of a determination component 814 within the base station 604), a relay station that relays communication between the radio access network and a communication device (Tekgul: Fig. 6, ¶ 85, Fig. 7, ¶ 102; wherein in step 611 and in step 708, the base station 604, which is an entity in the radio access network controls the relay station (i.e., the relay node), and the relay node relays communication between the base station 604 and the UE 606 as shown in Fig. 6), wherein the controlling comprises: receiving, from the relay station, information relating to quality of a network-side relay link between the relay station and the radio access network (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the relay 602 may communicate measurement information 607 to the base station 604. The measurement information 607 may include measurements of the backhaul link (i.e., the quality of the link) between the relay 602 and the base station 604 (either directly linked or linked through one or more additional relays)); receiving, from the communication device, information relating to quality of a relay link via the relay station between the communication device and the radio access network (Tekgul: Fig. 6, ¶ 84; wherein the UE 606 may communicate measurement information 609 to the base station 604. The measurement information 609 may include measurements of the access link (i.e., the quality of the link) between the relay 602 and the UE 606 (either directly linked or linked through one or more additional relays). The base station 604 may use the measurement information 609 to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606); and providing the relay station with setting information for setting transmission of a relay radio wave to be transmitted by the relay station to the communication device, in accordance with quality information relating to quality of a communication-device-side relay link between the relay station and the communication device(Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the base station 604 may select the mode (i.e., a setting information for setting transmission), at 611, based on the measurement information (i.e., the quality of the link) provided to the base station 604 by the relay 602 and by the UE 606. The measurement information (i.e., 607 and/or 609) may include measurements of the access link between the relay 602 and the UE 606. The base station 604 may use the measurement information (e.g., 607 and/or 609) to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606 (i.e., a communication that is done via the relay node 602)), which corresponds to (i) the quality information relating to the quality of the relay link via the relay station and (ii) the quality information relating to the quality of the network-side relay link (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the measurement information 607 is the quality information relating to the quality of the network-side relay link to the base station 604 (i.e., the backhaul link), and the measurement information 609 is the quality information relating to the quality of the communication-device-side relay link via the relay station to the base station 604 (i.e., the access link)). Tekgul does not explicitly disclose that the setting information is in accordance with quality information which corresponds to a difference between (i) the quality information relating to the quality of the relay link via the relay station and (ii) the quality information relating to the quality of the network-side relay link. Referring to the invention of Pan, Pan teaches that setting information for setting a transmission between a network device and a communication device via a relay node is in accordance with quality information which corresponds to a difference between the signal strength of a backhaul DL signal and the signal strength of an access UL signal being within a tolerance range of the relay node (Pan: Fig. 5, ¶ 46, ¶ 67, ¶ 114, ¶ 117, ¶ 136; wherein the donor gNB (i.e., the base station) can adjust the transmission power of the backhaul DL signal from the donor gNB in cooperation with the power control mechanism of the relay node (i.e., the relay node power control mechanism as described in paragraphs 114 and 117 for instance), so that the difference between the signal power of the backhaul DL signal when the backhaul DL signal reaches the relay node and the signal power of the access UL signal from the terminal device when the access UL signal from the terminal device reaches the relay node, is within the tolerance range of the relay node. Therefore, the setting information that the base station provides to the relay station is in accordance with the signal strength and quality information which corresponds to a difference between the quality information of the backhaul DL signal power, and the quality information of the access UL signal power). Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the transmission power signal quality teachings of Pan into the communication control system teachings of Tekgul in order to detect bottlenecks, optimize performance, maintain balanced link quality, reduce communication delay, improve overall communication efficiency, and improve overall system reliability. Regarding claim 8, Tekgul teaches a non-transitory computer-readable medium storing a communication control program (Tekgul: Fig. 9, ¶ 29, ¶ 107 - ¶ 109; in view of computer-readable medium/memory 906 which can comprise a random-access memory (RAM), a read-only memory (ROM), an electrically erasable programmable ROM (EEPROM), optical disk storage, magnetic disk storage, other magnetic storage devices or combinations of the different types of computer-readable media or any other medium that can be used to store computer executable code in the form of instructions or data structures that can be accessed by a computer) that causes a computer to perform: controlling, by a relay station controller in a radio access network (Tekgul: Fig. 6, ¶ 81, Fig. 8, ¶ 106, Fig. 9, ¶ 108; in view of a determination component 814 within the base station 604), a relay station that relays communication between the radio access network and a communication device (Tekgul: Fig. 6, ¶ 85, Fig. 7, ¶ 102; wherein in step 611 and in step 708, the base station 604, which is an entity in the radio access network controls the relay station (i.e., the relay node), and the relay node relays communication between the base station 604 and the UE 606 as shown in Fig. 6), wherein the controlling comprises: receiving, from the relay station, information relating to quality of a network-side relay link between the relay station and the radio access network (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the relay 602 may communicate measurement information 607 to the base station 604. The measurement information 607 may include measurements of the backhaul link (i.e., the quality of the link) between the relay 602 and the base station 604 (either directly linked or linked through one or more additional relays)); receiving, from the communication device, information relating to quality of a relay link via the relay station between the communication device and the radio access network (Tekgul: Fig. 6, ¶ 84; wherein the UE 606 may communicate measurement information 609 to the base station 604. The measurement information 609 may include measurements of the access link (i.e., the quality of the link) between the relay 602 and the UE 606 (either directly linked or linked through one or more additional relays). The base station 604 may use the measurement information 609 to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606); and providing the relay station with setting information for setting transmission of a relay radio wave to be transmitted by the relay station to the communication device, in accordance with quality information relating to quality of a communication-device-side relay link between the relay station and the communication device(Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the base station 604 may select the mode (i.e., a setting information for setting transmission), at 611, based on the measurement information (i.e., the quality of the link) provided to the base station 604 by the relay 602 and by the UE 606. The measurement information (i.e., 607 and/or 609) may include measurements of the access link between the relay 602 and the UE 606. The base station 604 may use the measurement information (e.g., 607 and/or 609) to determine or estimate the end-to-end quality of the link between the base station 604 and the UE 606 (i.e., a communication that is done via the relay node 602)), which corresponds to (i) the quality information relating to the quality of the relay link via the relay station and (ii) the quality information relating to the quality of the network-side relay link (Tekgul: Fig. 6, ¶ 84, ¶ 86; wherein the measurement information 607 is the quality information relating to the quality of the network-side relay link to the base station 604 (i.e., the backhaul link), and the measurement information 609 is the quality information relating to the quality of the communication-device-side relay link via the relay station to the base station 604 (i.e., the access link)). Tekgul does not explicitly disclose that the setting information is in accordance with quality information which corresponds to a difference between (i) the quality information relating to the quality of the relay link via the relay station and (ii) the quality information relating to the quality of the network-side relay link. Referring to the invention of Pan, Pan teaches that setting information for setting a transmission between a network device and a communication device via a relay node is in accordance with quality information which corresponds to a difference between the signal strength of a backhaul DL signal and the signal strength of an access UL signal being within a tolerance range of the relay node (Pan: Fig. 5, ¶ 46, ¶ 67, ¶ 114, ¶ 117, ¶ 136; wherein the donor gNB (i.e., the base station) can adjust the transmission power of the backhaul DL signal from the donor gNB in cooperation with the power control mechanism of the relay node (i.e., the relay node power control mechanism as described in paragraphs 114 and 117 for instance), so that the difference between the signal power of the backhaul DL signal when the backhaul DL signal reaches the relay node and the signal power of the access UL signal from the terminal device when the access UL signal from the terminal device reaches the relay node, is within the tolerance range of the relay node. Therefore, the setting information that the base station provides to the relay station is in accordance with the signal strength and quality information which corresponds to a difference between the quality information of the backhaul DL signal power, and the quality information of the access UL signal power). Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the transmission power signal quality teachings of Pan into the communication control system teachings of Tekgul in order to detect bottlenecks, optimize performance, maintain balanced link quality, reduce communication delay, improve overall communication efficiency, and improve overall system reliability. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kamei et al. [US 20190379450]: Communication Processing System, Communication Processing Method, Base Station, And Control Method And Control Program Thereof; teaches that a relay UE is selected based on PC5 link quality. Bai et al. [US 20120093059 A1]: Method, System, and Device for Implementing Transmission of Backhaul Link Control Channel in Relay System; teaches eNodeB allocates for each relay a dedicated optimum resource position that is most suitable for the quality of the backhaul link between the eNodeB and the relay. 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 inquiry concerning this communication or earlier communications from the examiner should be directed to HIDAYAT DABIRI whose telephone number is (703)756-4541. The examiner can normally be reached M-F 8:00 am - 4:00 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. /HD/Examiner, Art Unit 2414 /EDAN ORGAD/Supervisory Patent Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Dec 17, 2025
Non-Final Rejection mailed — §103
Mar 17, 2026
Response Filed
Jun 25, 2026
Final Rejection mailed — §103 (current)

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