Prosecution Insights
Last updated: July 17, 2026
Application No. 18/578,805

COMMUNICATION SYSTEM AND COMMUNICATION CONTROL APPARATUS

Non-Final OA §103
Filed
Jan 12, 2024
Priority
Aug 05, 2021 — JP PCT/JP2021/029119 +1 more
Examiner
SOE, KYAW Z
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
320 granted / 357 resolved
+31.6% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
28 currently pending
Career history
393
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
78.2%
+38.2% vs TC avg
§102
6.3%
-33.7% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 357 resolved cases

Office Action

§103
CTNF 18/578,805 CTNF 91684 DETAILED ACTION This office action is a response to an application filed on 01/12/2024. Claims 1- 8 are pending for examination. Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement 06-52 The information disclosure statement (IDS) was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The Examiner contends that the drawings submitted on 01/12/2024 are acceptable for examination proceedings. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23 AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 non-obviousness. 07-21-aia AIA Claim s 1- 8 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 20190182712 A1), hereinafter “ Watanabe”; and in further view of Ogura et al. (US 20210112447 A1), hereinafter “ Ogura” . Regarding claim 1, Watanabe teaches A communication system including one or more base stations configured to accommodate wireless terminals [Fig. 1; item 20 RAN includes at least two base stations] , one or more transfer apparatuses configured to transfer uplink communication of the wireless terminal received via the base station to an upper side [Fig. 1; the mobile backhaul connecting the RAN with the core] , and a transfer apparatus controller configured to control the one or more transfer apparatuses [Fig. 1; traffic controller] , the communication system comprising: an information acquirer configured to acquire information on wireless communication between the base station and the wireless terminal for each traffic flow [Fig. 1; Par. 59- 61 taches of traffic monitor monitoring per UE traffic and send request for traffic shaping] ; a rate determiner configured to determine a shaping rate of traffic shaping for each traffic flow, so that delay jitter in the base station is mitigated on the upper side with respect to the base station, on the basis of the information on the wireless communication for each traffic flow [Par. 63-73 teaches traffic monitor obtains a measurement of transmission rate of package passing to reduce the delay in the base station when traffic reach threshold] ; PNG media_image1.png 432 682 media_image1.png Greyscale However, Watanabe does not teach a communication controller configured to execute the traffic shaping on the upper side with respect to the base station on the basis of the shaping rate determined by the rate determiner unit. Nevertheless, Ogura, in the similar filed of endeavor, teaches a communication controller configured to execute the traffic shaping on the upper side with respect to the base station on the basis of the shaping rate determined by the rate determiner unit [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate]. PNG media_image2.png 502 510 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Ogura for sending information on the server side. One of ordinary skill in the art would be motivated to utilize the teachings of Ogura in the Watanabe system in order to enhance server side to allow for sending information [Ogura: Par. 36]. Regarding claim 2, the combined Watanabe in view of Ogura teaches all the limitations in the parent claim 1. Watanabe in view of Ogura further teaches the rate determiner configured to determine the shaping rate for each traffic flow on the basis of association information indicating association between the radio quality information and the shaping rate, and the radio quality information acquired from the base station [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate , and the communication controller configured to execute the traffic shaping at the shaping rate determined by the rate determiner [Watanabe: Par. 69; Ogura: Par. 37- 40 teaches of adjusting and shaping traffic flow using packet transmission rate, or flow priority, shaping or any combination thereof]. Regarding claim 3, the combined Watanabe in view of Ogura teaches all the limitations in the parent claim 1. Watanabe in view of Ogura further teaches the information acquirer configured to acquire the radio quality information regarding wireless communication between the distributed station and the wireless terminal for each traffic flow [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate] , the rate determiner configured to determine the shaping rate for each traffic flow on the basis of association information indicating association between the radio quality information and the shaping rate, and the radio quality information acquired from the distributed station [Ogura: Fig. 7; 12 and Par. 37- 40] , and the communication controller configured to execute the traffic shaping at the shaping rate determined by the rate determiner Watanabe: Par. 69; Ogura: Par. 37- 40 teaches of adjusting and shaping traffic flow using packet transmission rate, or flow priority, shaping or any combination thereof]. Regarding claim 4, the combined Watanabe in view of Ogura teaches all the limitations in the parent claim 1. Watanabe in view of Ogura further teaches the information acquirer configured to acquire the radio quality information regarding wireless communication between the distributed station and the wireless terminal for each traffic flow [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate] , the rate determiner configured to determine the shaping rate for each traffic flow on the basis of association information indicating association between the radio quality information and the shaping rates, and the radio quality information acquired from the central station [Ogura: Fig. 7; 12 and Par. 37- 40] , and the communication controller configured to execute the traffic shaping at the shaping rate determined by the rate determiner [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate]. Regarding claim 5, the combined Watanabe in view of Ogura teaches all the limitations in the parent claim 1. Watanabe in view of Ogura further teaches the information acquirer configured to acquire the radio quality information regarding wireless communication between the distributed station and the wireless terminal for each traffic flow [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate] , the rate determiner configured to determine the shaping rate for each traffic flow on the basis of association information indicating association between the radio quality information and the shaping rate and the radio quality information acquired from the distributed station and the central station, and the communication controller configured to execute the traffic shaping at the shaping rate determined by the rate determiner [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate] Regarding claim 6, the combined Watanabe in view of Ogura teaches all the limitations in the parent claim 1. Watanabe in view of Ogura further teaches the rate determiner configured to determine the shaping rate for each traffic flow while performing priority control of the uplink communication for each traffic flow on the basis of the priority [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate]. Regarding claim 7, Watanabe teaches A communication system comprising: one or more base stations configured to accommodate wireless terminals [Fig. 1; item 20 RAN includes at least two base stations] , one or more transfer apparatuses configured to transfer uplink communication of the wireless terminal received via the base station to an upper side [Fig. 1; the mobile backhaul connecting the RAN with the core] , and a transfer apparatus controller configured to control the one or more transfer apparatuses [Fig. 1; traffic controller] , the communication system configured to: acquire information on wireless communication between the base station and the wireless terminal for each traffic flow [Fig. 1; Par. 59- 61 taches of traffic monitor monitoring per UE traffic and send request for traffic shaping] ; determine a shaping rate of traffic shaping for each traffic flow, so that delay jitter in the base station is mitigated on the upper side with respect to the base station, on the basis of the information on the wireless communication for each traffic flow [Par. 63-73 teaches traffic monitor obtains a measurement of transmission rate of package passing to reduce the delay in the base station when traffic reach threshold] ; PNG media_image1.png 432 682 media_image1.png Greyscale However, Watanabe does not teach execute the traffic shaping on the upper side with respect to the base station on the basis of the determined shaping rate. Nevertheless, Ogura, in the similar filed of endeavor, execute the traffic shaping on the upper side with respect to the base station on the basis of the determined shaping rate [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate]. PNG media_image2.png 502 510 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Ogura for sending information on the server side. One of ordinary skill in the art would be motivated to utilize the teachings of Ogura in the Watanabe system in order to enhance server side to allow for sending information [Ogura: Par. 36]. Regarding claim 8, Watanabe teaches A transfer apparatus controller for controlling one or more transfer apparatuses configured to transfer uplink communication of a wireless terminal received via one or more base stations accommodating the wireless terminal to an upper side, the transfer apparatus controller comprising [Fig. 1; item 20 RAN includes at least two base stations , [Fig. 1; the mobile backhaul connecting the RAN with the core; Par. 59- 61 taches of traffic monitor monitoring per UE traffic and send request for traffic shaping] ; a rate determiner configured to determine a shaping rate of traffic shaping for each traffic flow, so that delay jitter in the base station is mitigated on the upper side with respect to the base station, on the basis of information on wireless communication for each traffic flow between the base station and the wireless terminal [Par. 63-73 teaches traffic monitor obtains a measurement of transmission rate of package passing to reduce the delay in the base station when traffic reach threshold] ; PNG media_image1.png 432 682 media_image1.png Greyscale However, Watanabe does not teach a transmitter configured to transmit the shaping rate determined by the rate determiner to the transfer apparatus executing traffic shaping on the upper side with respect to the base station. Nevertheless, Ogura, in the similar filed of endeavor, a transmitter configured to transmit the shaping rate determined by the rate determiner to the transfer apparatus executing traffic shaping on the upper side with respect to the base station [Ogura: Fig. 1; MEC server can request traffic control to eNB (upper side) to adjust traffic control to perform traffic shaping where the request indicate TEID related to packet flow to be subject to the shaping, flow priority, and packet transmission rate]. PNG media_image2.png 502 510 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Ogura for sending information on the server side. One of ordinary skill in the art would be motivated to utilize the teachings of Ogura in the Watanabe system in order to enhance server side to allow for sending information [Ogura: Par. 36]. Conclusion The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYAW Z SOE whose telephone number is (571)270-0304. The examiner can normally be reached 9am-5pm. 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, Charles C Jiang can be reached at 5712707191. 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. /KYAW Z SOE/Primary Examiner, Art Unit 2412 Application/Control Number: 18/578,805 Page 2 Art Unit: 2412 Application/Control Number: 18/578,805 Page 3 Art Unit: 2412 Application/Control Number: 18/578,805 Page 4 Art Unit: 2412 Application/Control Number: 18/578,805 Page 5 Art Unit: 2412 Application/Control Number: 18/578,805 Page 6 Art Unit: 2412 Application/Control Number: 18/578,805 Page 7 Art Unit: 2412 Application/Control Number: 18/578,805 Page 8 Art Unit: 2412 Application/Control Number: 18/578,805 Page 9 Art Unit: 2412 Application/Control Number: 18/578,805 Page 10 Art Unit: 2412 Application/Control Number: 18/578,805 Page 11 Art Unit: 2412 Application/Control Number: 18/578,805 Page 12 Art Unit: 2412 Application/Control Number: 18/578,805 Page 13 Art Unit: 2412 Application/Control Number: 18/578,805 Page 14 Art Unit: 2412 Application/Control Number: 18/578,805 Page 15 Art Unit: 2412
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Prosecution Timeline

Jan 12, 2024
Application Filed
Jun 01, 2026
Non-Final Rejection mailed — §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
90%
Grant Probability
99%
With Interview (+9.7%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 357 resolved cases by this examiner. Grant probability derived from career allowance rate.

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