Prosecution Insights
Last updated: October 01, 2026
Application No. 18/597,617

SYSTEM AND METHOD CONFIGURED TO PREDICT MODIFICATIONS TO COMMUNICATION TOWERS

Non-Final OA §103
Filed
Mar 06, 2024
Examiner
AREVALO, JOSEPH
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Dish Wireless LLC
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
732 granted / 867 resolved
+22.4% vs TC avg
Strong +21% interview lift
Without
With
+20.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
22 currently pending
Career history
898
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
57.6%
+17.6% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 867 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 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: 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. Claims 1, 3, 9, 11, 17 and 18 are rejected under 35 U.S.C. 103 as being un-patentable over Yamashina et al Patent Application No. :( US 2021/0334440 A1) hereinafter referred as Yamashina, in view of Ephremides et al US Patent No.:( US 5,987,328) hereinafter referred as Ephremides For claim 1, Yamashina discloses a modification evaluation system configured to evaluate a communication tower for modification, comprising: a hardware-based processor (see 200 Fig. 1) (Paragraph [0039], lines 1-6); a memory configured to store instructions and configured to provide the instructions to the hardware-based processor (see 12 Fig. 3) (Paragraph [0049], lines 6-8); a set of modules configured to implement the instructions provided to the hardware-based processor, the set of modules including: a prediction module (see 200 Fig. 1) configured to receive asset data associated with the communication tower (Paragraph [0039], lines 6-8), and to implement a prediction model (see 100 Fig. 1), wherein the prediction model is configured to generate (see 152 Fig. 3), from the asset data, a model probability(expected) score associated with the communication tower (Paragraph [0137]-[0138], lines 1-11); and a scoring module configured to generate a tower modification recommendation from the model probability score (Paragraph [0146], lines 1-10). However, Yamashina discloses all the subject matter of the claimed invention with the exemption of the output device configured to output the tower modification recommendation as recited in claim 1. Ephremides from the same or analogous art teaches the output device configured to output the tower modification recommendation (column 1, lines 59-65). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the output device configured to output the tower modification recommendation as taught by Yamashina into the model optimization device and program of Ephremides. The output device configured to output the tower modification recommendation can be modify/implemented by combining the output device configured to output the tower modification recommendation with the device. This process is implemented as a hardware solution or as firmware solutions of Yamashina into the model optimization device and program of Ephremides. As disclosed in Ephremides, the motivation for the combination would be to use the output device configured to output the tower modification recommendation that will help the device to display the recommended modification of the base station helping the user to identify the communication changes becoming more efficient and reliable. For claim 3, Yamashina discloses all the subject matter of the claimed invention with the exemption of the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower as recited in claim 3. Ephremides from the same or analogous art teaches the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower (column 5, lines 11-26) and (column 6, lines 21-29). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower as taught by Yamashina into the model optimization device and program of Ephremides. The asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower can be modify/implemented by combining the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower with the device. This process is implemented as a hardware solution or as firmware solutions of Yamashina into the model optimization device and program of Ephremides. As disclosed in Ephremides, the motivation for the combination would be to use the antenna characteristics or a location data of a geographic area surrounding the communication tower that twill help the user to be connected with better QOS becoming more efficient and reliable for a better communication that will help the device to display the recommended modification of the base station helping the user to identify the communication changes becoming more efficient and reliable. For claim 9, Yamashina discloses a system configured to evaluate a communication tower for modification, comprising: a model training data source configured to store model training data (Paragraph [0008], lines 1-11); an assess database configured to store asset data associated with the communication tower (Paragraph [0039], lines 8-11); and a modification evaluation sub-system, comprising: a hardware-based processor (see 200 Fig. 1) (Paragraph [0049], lines 6-8); a memory configured to store instructions and configured to provide the instructions to the hardware-based processor (see 12 Fig. 3); a set of modules configured to implement the instructions provided to the hardware-based processor, the set of modules including: a prediction module (see 200 Fig. 1) configured to receive the asset data, and to implement a prediction model (Paragraph [0039], lines 6-8), wherein the prediction model (see 100 Fig. 1) is configured to generate, from the asset data, a model probability (expected) score associated with the communication tower (Paragraph [0137]-[0138], lines 1-11); and a scoring module configured to generate a tower modification recommendation from the model probability score (Paragraph [0146], lines 1-10). However, Yamashina discloses all the subject matter of the claimed invention with the exemption of the output device configured to output the tower modification recommendation as recited in claim 9. Ephremides from the same or analogous art teaches the output device configured to output the tower modification recommendation (column 1, lines 59-65). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the output device configured to output the tower modification recommendation as taught by Yamashina into the model optimization device and program of Ephremides. The output device configured to output the tower modification recommendation can be modify/implemented by combining the output device configured to output the tower modification recommendation with the device. This process is implemented as a hardware solution or as firmware solutions of Yamashina into the model optimization device and program of Ephremides. As disclosed in Ephremides, the motivation for the combination would be to use the output device configured to output the tower modification recommendation that will help the device to display the recommended modification of the base station helping the user to identify the communication changes becoming more efficient and reliable. For claim 11, Yamashina discloses all the subject matter of the claimed invention with the exemption of the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower as recited in claim 11. Ephremides from the same or analogous art teaches the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower (column 5, lines 11-26) and (column 6, lines 21-29). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower as taught by Yamashina into the model optimization device and program of Ephremides. The asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower can be modify/implemented by combining the asset data associated with the communication tower is selected from the group consisting of: antenna characteristics, an age of the communication tower, environmental characteristics, a number of communication tenants associated with the communication tower, and location data of a geographic area surrounding the communication tower with the device. This process is implemented as a hardware solution or as firmware solutions of Yamashina into the model optimization device and program of Ephremides. As disclosed in Ephremides, the motivation for the combination would be to use the antenna characteristics or a location data of a geographic area surrounding the communication tower that twill help the user to be connected with better QOS becoming more efficient and reliable for a better communication that will help the device to display the recommended modification of the base station helping the user to identify the communication changes becoming more efficient and reliable. For claim 17, Yamashina discloses a computer-based method, comprising: providing a set of modules configured to implement instructions provided to a hardware-based processor (see 200 Fig. 1) (Paragraph [0039], lines 1-6), the set of modules including: a prediction module (see 200 Fig. 1) configured to implement a prediction model (Paragraph [0039], lines 6-8); receiving asset data associated with a communication tower; applying the asset data to the prediction model (see 100 Fig. 1); generating, from the asset data, a model probability (expected) score associated with the communication tower (Paragraph [0137]-[0138], lines 1-11); generating a tower modification recommendation from the model probability score (Paragraph [0146], lines 1-10). However, Yamashina discloses all the subject matter of the claimed invention with the exemption of the outputting, using an output device, the tower modification recommendation as recited in claim 17. Ephremides from the same or analogous art teaches the outputting, using an output device, the tower modification recommendation (column 1, lines 59-65). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the outputting, using an output device, the tower modification recommendation as taught by Yamashina into the model optimization device and program of Ephremides. The outputting, using an output device, the tower modification recommendation can be modify/implemented by combining the outputting, using an output device, the tower modification recommendation with the device. This process is implemented as a hardware solution or as firmware solutions of Yamashina into the model optimization device and program of Ephremides. As disclosed in Ephremides, the motivation for the combination would be to use the output device configured to output the tower modification recommendation that will help the device to display the recommended modification of the base station helping the user to identify the communication changes becoming more efficient and reliable. For claim 18, Yamashina discloses the computer-based method, further comprising: prior to receiving the asset data, receiving model training data (S1 Fig. 13) (paragraph [0112], lines 1-3); and prior to receiving the asset data, training the prediction model using the model training data (paragraph [0117], lines 1-10). Claims 19 is rejected under 35 U.S.C. 103 as being un-patentable over Yamashina et al Patent Application No. :( US 2021/0334440 A1) hereinafter referred as Yamashina, in view of Ephremides et al US Patent No.:( US 5,987,328) hereinafter referred as Ephremides, in further view of Ezrielev et al US Patent No.:( US 12,626,160 B2) hereinafter referred as Ezrielev For claim 19, Yamashina discloses all the subject matter of the claimed invention with the exemption of the prediction model implements a predictive regression model as recited in claim 19. Ezrielev from the same or analogous art teaches the prediction model implements a predictive regression model (column 4, lines 55-65). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the prediction model implements a predictive regression model as taught by Yamashina into the model optimization device and program of Ezrielev. The prediction model implements a predictive regression model can be modify/implemented by combining the prediction model implements a predictive regression model with the device. This process is implemented as a hardware solution or as firmware solutions of Yamashina into the model optimization device and program of Ezrielev. As disclosed in Ezrielev, the motivation for the combination would be to use the prediction model implements a predictive regression model that will help to optimize the resource allocation for a better communication. Allowable Subject Matter Claims 2, 4-8, 10, 12-16 and 20 are objected as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is shown in the following table: US-20240362504-A1 SEO; June Sung US-20250378375-A1 CHEN; Min Chen US-20250077910-A1 EZRIELEV; OFIR US-20230247496-A1 Maruyama; Tatsuya US-20230229961-A1 Gullapudi; Sundeep US-20190188598-A1 Ishida; Tsutomu Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 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, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Mar 06, 2024
Application Filed
Sep 02, 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
84%
Grant Probability
99%
With Interview (+20.7%)
2y 8m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 867 resolved cases by this examiner. Grant probability derived from career allowance rate.

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