Prosecution Insights
Last updated: April 19, 2026
Application No. 18/577,310

CONTROL APPARATUS, CONTROL METHOD, COMPUTER READABLE MEDIUM, AND MOBILE COMMUNICATION SYSTEM

Non-Final OA §102§103§112
Filed
Jan 08, 2024
Examiner
MERED, HABTE
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
651 granted / 771 resolved
+26.4% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
18 currently pending
Career history
789
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 771 resolved cases

Office Action

§102 §103 §112
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 . The instant communication is in response to communication filed on 01/08/2024. Claims 1-13 are pending of which claims 1, and 12 and 13 are independent. The ID(s) submitted on 01/08/2024 and on 12/03/2024 has been considered and is relevant. Internet Communications Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-11 are rejected 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. Claim 1 recites the limitation "the receiving unit" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. Dependent claims 2-11 are rejected for mere dependency on claim 1 and corresponding flaw. Claim Rejections - 35 USC § 102 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. 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, 2, 3, 5, 7, 12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al (US 2013/0203435 A1). Regarding claim 1, Smith discloses a control apparatus (DPC 902 (Dynamic Spectrum Policy Controller 902 ) in Figs. 35, and Fig. 12, DPC 902a and back up 902b) comprising at least one memory storing instructions (i.e. Fig. 74 memory 7202, 7302, see paragraphs 519 – 523), and at least one processor (Fig. 74 processor 7301, see paragraphs 519 – 523) configured to execute the instructions to: receive a request (Fig. 35 Request For Resources 3502 received by DPC 902) to lend a first resource of a mobile communication network (i.e. in Fig. 35 DPC 902 receives request for resource 3502 for Network 1 to lend a first resource of a mobile communication network 2 per paragraphs 347 and 348. Note that requesting to lend a resource is equivalent to bidding for a resource for a price that is zero) to a certain operator (i.e. operator of Network 1 to receive available resources at network 2. See also Fig. 61 & paragraphs 433-434) ; (See also Fig. 12 showing the network architecture relied by Figs 35 and 61. Control Apparatus is DPC 902a/902b of Fig. 12 corresponds to the DPC 902 of Fig. 35 and DPC 6104 in Fig. 61. Fig. 12 shows three networks A, B, and C with Network A operator 1204a , Network B operator 1204b and Network C operator 1204 C and relay apparatus 910a, 910b and 910c. see paragraphs 181-184) determine whether or not lending of the first resource (i.e. available resources from network 2 indicated available in step 3508 of Fig. 35 ) to the certain operator (i.e. operator of network 1 of Fig. 35 ) should be permitted based on the request received by the receiving unit (i.e. per paragraph 348 DPC 902 in Fig. 35 decides if network 1 operator should or should not get the available resources from network 2 based on evaluating the bid offered by network operator 1 in steps 3520 and 3522 of Fig. 35. Per paragraphs 166 and 234 the bidding results in temporary ownership of the resources making the resources being lent/borrowed. See dependent claim 4 fee for lending claimed along the teaching of Smith) ; and transmit, to a relay apparatus (DSC 910 A of Network 2 is the relay apparatus of Network in Fig. 35. See also Fig. 12) of the mobile communication network (Network 2 of Fig. 35 ), a command (i.e. assign resources request 3524 command in Fig. 35. See paragraphs 348 and 365) for allocating the first resource to the certain operator when the lending is permitted, (In Fig. 35 DPC 902 indicates lending is permitted by indicating Bid is accepted in step 3522 in Fig. 35 and in turn DPC 902 will command DSC 910a of Network 2 to allocate the available resources to network 1 operator through assign resources request 3524 command in Fig. 35. See paragraphs 348 and 365) Regarding claim 12, Smith discloses a control method (See Figs. 1-74 and control apparatus is DPC 902 (Dynamic Spectrum Policy Controller 902 ) in Figs. 35, and Fig. 12, DPC 902a and back up 902b) comprising: receiving a request (Fig. 35 Request For Resources 3502 received by DPC 902) to lend a first resource of a mobile communication network (i.e. in Fig. 35 DPC 902 receives request for resource 3502 for Network 1 to lend a first resource of a mobile communication network 2 per paragraphs 347 and 348) to a certain operator (i.e. operator of Network 1 to receive available resources at network 2. See also Fig. 61 & paragraphs 433-434) ; (See also Fig. 12 showing the network architecture relied by Figs 35 and 61. Control Apparatus is DPC 902a/902b of Fig. 12 corresponds to the DPC 902 of Fig. 35 and DPC 6104 in Fig. 61. Fig. 12 shows three networks A, B, and C with Network A operator 1204a , Network B operator 1204b and Network C operator 1204 C and relay apparatus 910a, 910b and 910c. see paragraphs 181-184) determining whether or not lending of the first resource (i.e. available resources from network 2 indicated available in step 3508 of Fig. 35 ) to the certain operator (i.e. operator of network 1 of Fig. 35 ) should be permitted based on the received request (i.e. per paragraph 348 DPC 902 in Fig. 35 decides if network 1 operator should or should not get the available resources from network 2 based on evaluating the bid offered by network operator 1 in steps 3520 and 3522 of Fig. 35. Per paragraphs 166 and 234 the bidding results in temporary ownership of the resources making the resources being lent/borrowed) ; and transmitting, to a relay apparatus (DSC 910 A of Network 2 is the rely apparatus of Network in Fig. 35. See also Fig. 12) of the mobile communication network (Network 2 of Fig. 35 ), a command (i.e. assign resources request 3524 command in Fig. 35. See paragraphs 348 and 365) for allocating the first resource to the certain operator when the lending is permitted, (In Fig. 35 DPC 902 indicates lending is permitted by indicating Bid is accepted in step 3522 in Fig. 35 and in turn DPC 902 will command DSC 910a of Network 2 to allocate the available resources to network 1 operator through assign resources request 3524 command in Fig. 35. See paragraphs 348 and 365) Regarding claim 13, Smith discloses a non-transitory computer readable medium storing a program for causing a computer to perform processing (i.e. paragraphs 518 and 527 on computer readable non-transitory medium) including: (See Figs. 1-74 and control apparatus is DPC 902 (Dynamic Spectrum Policy Controller 902 ) in Figs. 35, and Fig. 12, DPC 902a and back up 902b) receiving a request (Fig. 35 Request For Resources 3502 received by DPC 902) to lend a first resource of a mobile communication network (i.e. in Fig. 35 DPC 902 receives request for resource 3502 for Network 1 to lend a first resource of a mobile communication network 2 per paragraphs 347 and 348) to a certain operator (i.e. operator of Network 1 to receive available resources at network 2. See also Fig. 61 & paragraphs 433-434) ; (See also Fig. 12 showing the network architecture relied by Figs 35 and 61. Control Apparatus is DPC 902a/902b of Fig. 12 corresponds to the DPC 902 of Fig. 35 and DPC 6104 in Fig. 61. Fig. 12 shows three networks A, B, and C with Network A operator 1204a , Network B operator 1204b and Network C operator 1204 C and relay apparatus 910a, 910b and 910c. see paragraphs 181-184) determining whether or not lending of the first resource (i.e. available resources from network 2 indicated available in step 3508 of Fig. 35 ) to the certain operator (i.e. operator of network 1 of Fig. 35 ) should be permitted based on the received request (i.e. per paragraph 348 DPC 902 in Fig. 35 decides if network 1 operator should or should not get the available resources from network 2 based on evaluating the bid offered by network operator 1 in steps 3520 and 3522 of Fig. 35. Per paragraphs 166 and 234 the bidding results in temporary ownership of the resources making the resources being lent/borrowed) ; and transmitting, to a relay apparatus (DSC 910 A of Network 2 is the rely apparatus of Network in Fig. 35. See also Fig. 12) of the mobile communication network (Network 2 of Fig. 35 ), a command (i.e. assign resources request 3524 command in Fig. 35. See paragraphs 348 and 365) for allocating the first resource to the certain operator when the lending is permitted, (In Fig. 35 DPC 902 indicates lending is permitted by indicating Bid is accepted in step 3522 in Fig. 35 and in turn DPC 902 will command DSC 910a of Network 2 to allocate the available resources to network 1 operator through assign resources request 3524 command in Fig. 35. See paragraphs 348 and 365) Regarding claim 2, Smith discloses the control apparatus according claim 1, wherein the certain operator is a mobile virtual network operator. (See paragraph 194-195 indicating the certain operator is a mobile virtual network operator and in particular restates the limitation as “In an embodiment, the DSA communication system may enable Mobile Virtual Network Operators (MVNO) to utilize unused spectrum capacity. For example, the DPC 902 may aggregate multiple MVNO's to utilize unused spectrum capacity in a prioritization scheme. This would enable an MVNO to sell its unused or under used capacity to another MVNO thereby ensuring that both MVNO's operating efficiently.”) Regarding claim 3, Smith discloses the control apparatus according to claim 1, at least one processor is configured to lend the first resource to the certain operator when the first resource is included in lendable resources managed in association with the certain operator. (See paragraphs 140, 180 , and 194 effectively teaching the limitation as each operator and DSA of each network submits unused available spectrum frequency resources to the control apparatus DPC 902 and DPC 902 manages lendable/leasable resources as a pool to b made available to a certain operator like operator of network 1. See paragraphs 143, 144, 189 and 190-193 and Figs. 15 and 16) Regarding claim 5, Smith discloses the control apparatus according to claim 1, at least one processor is configured to determine a fee for lending the first resource to the certain operator based on an availability status of resources of the mobile communication network . (i.e. Smith teaches the limitation verbatim in paragraph 166 and Smith states in Paragraph 166 “…For example, the primary provider may auction and the secondary provider may bid for available spectrum resources. The bidding may be a fee based process; which may involve managing the reselling of unused spectrum on temporary or permanent basis to efficiently manage excess resources that might otherwise go unused for that time; or managing leasing of excess RF spectrum on temporary or permanent basis.”) Regarding claim 7, Smith discloses the control apparatus according to claim 1, at least one processor is configured to determine wherein when the lending of the first resource is requested from a plurality of operators based on a bidding process from each of the plurality of operators. (Per Fig. 35 when the request for resource to be lent is received at 3502 in Fig. 35, at the control apparatus, DPC 902. A plurality of operators of Networks 2 and 3 participated in the bidding process by providing available resources from network 2 and network 3 in steps in 3508 and 3510 in Fig. 35 as detailed in paragraphs 347 and 348.) Regarding claim 8, Smith discloses the control apparatus according to claim 1, wherein when the lending of the first resource is requested from a plurality of operators. (Per Fig. 35 when the request for resource to be lent is received at 3502 in Fig. 35, at the control apparatus, DPC 902. A plurality of operators of Networks 2 and 3 participated in the bidding process by providing available resources from network 2 and network 3 in steps in 3508 and 3510 in Fig. 35 as detailed in paragraphs 347 and 348.), at least one processor is configured to determine an operator to which it lends the first resource from the plurality of operators based on a lending record of the first resource to each of the plurality of operators in a predetermined period. (Per paragraph 175 Smith indicates the resource to be lent from an operator is based on the duration of the available resource that meets the request best. See paragraphs 175 stating “For example, some of the policy and resource criteria imposed by the Host Network Operator may include: Availability of spectrum (e.g., separate or co-existence); availability of capacity/bandwidth (e.g., RF and Core);… rating (e.g., how services are rated, i.e., possible special discount for off-peak usage); geographic boundary (e.g., defining zones or cells for inclusion); time (e.g., defining time and day(s) for inclusion including); duration (e.g., defining incremental allocation based on time and geographic boundary);…”. Paragraph 176 also states “…and duration (e.g., for how long are the resources requested).” See also paragraphs 214 and 230) Claim Rejections - 35 USC § 103 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Ferguson et al (US 20090144412 A1). Regarding claim 4, Smith discloses the control apparatus according to claim 1 as set forth above, and Smith further discloses at least one processor is configured to determine a fee for lending the first resource to the certain operator (See paragraphs 150, 166 and 282. Smith in paragraph 166 states “…The bidding may be a fee based process; which may involve managing the reselling of unused spectrum on temporary or permanent basis to efficiently manage excess resources that might otherwise go unused for that time; or managing leasing of excess RF spectrum on temporary or permanent basis.”. ) Smith fails to disclose fee for lending the first resource to the certain operator based on a time zone of a period during which the first resource is lent to the certain operator. Ferguson in the same endeavor discloses fee for lending the first resource to the certain operator based on a time zone of a period during which the first resource is lent to the certain operator.(Per paragraph 100, Ferguson discloses offering bandwidth on the underutilized uploading channels to a CDN operator and the price for the offer depends on amount of data being uploaded and time zone. See paragraphs 99 and 101-103) In view of the above, having Smith ’s dynamic spectrum arbitrage configuration for operators and then given the well- established teaching of Ferguson ’s techniques for pricing based on time zone, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Smith ’s dynamic spectrum arbitrage configuration for operators as taught by Ferguson ’s techniques for pricing based on time zone, since Ferguson states in paragraph 99 that the modification results in allowing the operator in distributing digital data at the cheapest price. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Park et al (US 20200359415 A1). Regarding claim 6, , Smith discloses the control apparatus according to claim 1 as set forth above, and Smith further discloses at least one processor is configured to determine a fee for lending the first resource to the certain operator (See paragraphs 150, 166 and 282. Smith in paragraph 166 states “…The bidding may be a fee based process; which may involve managing the reselling of unused spectrum on temporary or permanent basis to efficiently manage excess resources that might otherwise go unused for that time; or managing leasing of excess RF spectrum on temporary or permanent basis.”. ) Smith fails to disclose determining fee for lending based on a ratio of resources already lent to a second operator other than a first operator managing the mobile communication network to all resources of the mobile communication network. Park in the same endeavor discloses determining fee for lending based on a ratio of resources already lent to a second operator other than a first operator managing the mobile communication network to all resources of the mobile communication network.(Park’s paragraph 156 discloses the manager device may calculate a resource occupancy ratio of each operator. Herein, the resource occupancy ratio may be a ratio of a band occupied by an operator or a metric indicating an amount of resource to be occupied in a band. The manager device may calculate the resource occupancy rate of each operator from the sharing assisted information. Park indicates a cost/price is calculated for resources to be shared/lent to other operators is a ratio of band occupied by a second operator.) In view of the above, having Smith ’s dynamic spectrum arbitrage configuration for operators and then given the well- established teaching of Park ’s techniques for sharing bandwidth, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Smith ’s dynamic spectrum arbitrage configuration for operators as taught by Park ’s techniques for sharing bandwidth, since Park states in paragraph 9-11 that the modification results in allowing sharing a band by considering various performances between operators in a wireless communication system and resolving a contention between operators in a wireless communication system and also maximizing resource utilization efficiency in a wireless communication system. Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of O’Neill (US 20060034438 A1). Regarding Claim 9, Smith discloses the control apparatus according to claim 1 as set forth above, wherein when the lending of the first resource is requested from a plurality of operators (Per Fig. 35 when the request for resource to be lent is received at 3502 in Fig. 35, at the control apparatus, DPC 902. A plurality of operators of Networks 2 and 3 participated in the bidding process by providing available resources from network 2 and network 3 in steps in 3508 and 3510 in Fig. 35 as detailed in paragraphs 347 and 348.), at least one processor is configured to determine an operator to which it lends the first resource from the plurality of operators (see paragraphs 175, 176, 214 and 230.) Smith fails to explicitly disclose lends the first resource from the plurality of operators based on the number of subscribers of each of the plurality of operators. Smith in paragraphs 429, 512, 515 suggest the effect of number of subscribers on available/excess resources with each operator. O’Neil in the same endeavor discloses lends the first resource from the plurality of operators based on the number of subscribers of each of the plurality of operators.(See O’Neill in paragraph 77 indicating lending resource based on the number of subscribers of the operator. In particular in paragraph 77 O’Neill indicates “…when the access link such as a wireless link has a time varying amount of total available resource as a result of physical conditions, and the number of subscribers per access link varies over time as the subscribers move between wireless cells, then the amount of resource available for pre-allocation and for dynamic allocation is highly variable.”) In view of the above, having Smith ’s dynamic spectrum arbitrage configuration for operators and then given the well- established teaching of O’Neill ’s techniques for resource assigning based on number of subscribers, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Smith ’s dynamic spectrum arbitrage configuration for operators as taught by O’Neil ’s for resource assigning based on number of subscribers, since O’Neil states in paragraph 4 and the abstract that the modification results in allowing tracking resource utilization on a per subscriber basis. Regarding Claim 11, Smith discloses the control apparatus according to claim 1 as set forth above, wherein when the lending of the first resource is requested from a plurality of operators (Per Fig. 35 when the request for resource to be lent is received at 3502 in Fig. 35, at the control apparatus, DPC 902. A plurality of operators of Networks 2 and 3 participated in the bidding process by providing available resources from network 2 and network 3 in steps in 3508 and 3510 in Fig. 35 as detailed in paragraphs 347 and 348.), at least one processor is configured to determine an operator to which it lends the first resource from the plurality of operators (see paragraphs 175, 176, 214 and 230.) Smith fails to explicitly disclose lends the first resource from the plurality of operators based on the number of subscribers of each of the plurality of operators, the number of subscribers who are currently performing communication through the mobile communication network. Smith in paragraphs 429, 512, 515 suggest the effect of number of subscribers on available/excess resources with each operator. O’Neil in the same endeavor discloses lends the first resource from the plurality of operators based on the number of subscribers of each of the plurality of operators.(See O’Neill in paragraph 77 indicating lending resource based on the number of subscribers of the operator. In particular in paragraph 77 O’Neill indicates “…when the access link such as a wireless link has a time varying amount of total available resource as a result of physical conditions, and the number of subscribers per access link varies over time as the subscribers move between wireless cells, then the amount of resource available for pre-allocation and for dynamic allocation is highly variable.”) the number of subscribers who are currently performing communication through the mobile communication network.(see O’Neil paragraph 77 indicating the number of subscribers currently communicating in the network as current traffic and subscriber load.) In view of the above, having Smith ’s dynamic spectrum arbitrage configuration for operators and then given the well- established teaching of O’Neill ’s techniques for resource assigning based on number of subscribers, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Smith ’s dynamic spectrum arbitrage configuration for operators as taught by O’Neil ’s for resource assigning based on number of subscribers, since O’Neil states in paragraph 4 and the abstract that the modification results in allowing tracking resource utilization on a per subscriber basis. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Sugiarto (US 20020141420 A1). Regarding Claim 11, Smith discloses the control apparatus according to claim 1 as set forth above, wherein when the lending of the first resource is requested from a plurality of operators (Per Fig. 35 when the request for resource to be lent is received at 3502 in Fig. 35, at the control apparatus, DPC 902. A plurality of operators of Networks 2 and 3 participated in the bidding process by providing available resources from network 2 and network 3 in steps in 3508 and 3510 in Fig. 35 as detailed in paragraphs 347 and 348.), at least one processor is configured to determine an operator to which it lends the first resource from the plurality of operators (see paragraphs 175, 176, 214 and 230.) Smith fails to disclose based on, among subscribers each of the plurality of operators, the number of subscribers who are in a service area of a base station of the mobile communication network. Sugiarto in the same endeavor discloses based on, among subscribers each of the plurality of operators, the number of subscribers who are in a service area of a base station of the mobile communication network.(See paragraphs 36-37 where Sugiatro discloses number of subscribers in a base station coverage area impact the number of available resource of an operator/base station) In view of the above, having Smith ’s dynamic spectrum arbitrage configuration for operators and then given the well- established teaching of Sugiarto ’s techniques for resource assigning based on number of subscribers in a service area, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Smith ’s dynamic spectrum arbitrage configuration for operators as taught by Sugiarto ’s techniques for resource assigning based on number of subscribers in a service area, since Sugiarto states in paragraphs 6-7 that the modification results in one advantage of the system enforcing Differentiated Level of Service (DLS) agreements between the wholesaler and the ISPs and another advantage of the system is helping each reseller control the amount of bandwidth that is leased to their subscribers and prevent over-subscription. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HABTE MERED whose telephone number is (571)272-6046. The examiner can normally be reached Monday - Friday 12-10 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, Michael Thier can be reached at 5712722832. 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. /HABTE MERED/Primary Examiner, Art Unit 2474
Read full office action

Prosecution Timeline

Jan 08, 2024
Application Filed
Jan 06, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
97%
With Interview (+12.5%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 771 resolved cases by this examiner. Grant probability derived from career allow rate.

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