Prosecution Insights
Last updated: April 19, 2026
Application No. 18/599,348

BASE STATION, CELL ADJUSTMENT SYSTEM, CELL ADJUSTMENTMETHOD, AND NON-TRANSITORY COMPUTER READABLE MEDIUM STORING PROGRAM

Non-Final OA §102§103
Filed
Mar 08, 2024
Examiner
ANWAR, MOHAMMAD S
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
964 granted / 1131 resolved
+27.2% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
1151
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1131 resolved cases

Office Action

§102 §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 § 102 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, 5, 7-8, 12, 14-16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gan et al. (US 2022/0201507 A1, hereinafter “Gan”). Regarding claims 1, 15 and 20, Gan discloses a base station comprising: at least one memory storing instructions, and at least one processor configured to execute the instructions to; acquire position information of a base station (see para. 0048-0049, acquire location information and sharing location information with neighbor stations); directly or indirectly share the position information of the base station (see para. 0049, share configuration) and state information including a transmission power amount and a radio wave directivity of the base station with one or more adjacent base stations (see para. 0054, configuration information includes TX power, beam), and acquire position information of the adjacent base station and state information including a transmission power amount and a radio wave directivity of the adjacent base station (see para. 0043-0045, 0049-0050, the base station transmits the position information and status information including transmit power and beam pattern which is the “radio wave directivity” of the present application to the adjacent or peripheral base stations via management interface by direct or indirect connection); decide whether cell adjustment is necessary, based on position information of the adjacent base station, acquired state information of the adjacent base station, position information of the base station, and acquired state information of the base station (see para. 0066, adjustment based on TX power and beam pattern according configuration information and location; para. 0054, CCO algorithm to adjust coverage area based on TX power beam and location); calculate a transmission power amount or a radio wave directivity of the base station when it is decided that cell adjustment is necessary; and adjust a cell by changing to the calculated transmission power amount or the calculated radio wave directivity (see para. 0059-0060, compute coverage area based on location TX power and beam pattern of surrounding base stations and perform adjustment). Regarding claims 5, 12, 16 and 19, Gan discloses wherein the at least one processor configured to execute the instructions to calculate a distance length between the base station and the adjacent base station, based on acquired position information of the base station and acquired position information of the adjacent base station (see para. 0050, base station calculates the distance between the base station and peripheral base station from the position information). Regarding claims 7, and 14, Gan discloses wherein the at least one processor configured to execute the instructions to calculate a transmission power amount or a radio wave directivity of the base station by using the same cell adjustment algorithm as that of the adjacent base station (see para. 0043-0045, 0049-0050, 0060-0061, and 0066-0067, base station performs the same operation as that of peripheral base stations in order to calculate transmit power and beam pattern). Regarding claim 8, Gan discloses a cell adjustment system comprising: a base station; and an adjacent base station, wherein the base station includes at least one memory storing instructions, and at least one processor configured to execute the instructions to; acquire position information of a base station (see para. 0048-0049, acquire location information), directly or indirectly share the position information of the base station (see para. 0049, share configuration directly or indirectly) and state information including a transmission power amount and a radio wave directivity of the base station with an adjacent base station (see para. 0043-0045, 0049-0050, the base station transmits the position information and status information including transmit power and beam pattern which is the “radio wave directivity” of the present application to the adjacent or peripheral base stations via management interface by direct or indirect connection), and acquire position information of the adjacent base station and state information including a transmission power amount and a radio wave directivity of the adjacent base station (see para. 0043-0045, 0049-0050, the base station acquire the position information of peripheral base station and status information including transmit power and beam pattern ), decide whether cell adjustment is necessary, based on position information of the adjacent base station, acquired state information of the adjacent base station, position information of the base station, and acquired state information of the base station (see para. 0066, adjustment based on TX power and beam pattern according configuration information and location; para. 0054, CCO algorithm to adjust coverage area based on TX power beam and location), calculate a transmission power amount or a radio wave directivity of the base station when it is decided that cell adjustment is necessary, and adjust a cell by changing to the calculated transmission power amount or the calculated radio wave directivity (see para. 0059-0060, compute coverage area based on location TX power and beam pattern of surrounding base stations and perform adjustment)., and the adjacent base station (see para. 0049, surrounding base station) includes at least one memory storing instructions, and at least one processor configured to execute the instructions to; acquire position information of the adjacent base station (see para. 0049, acquire configuration information which includes position), directly or indirectly share the position information of the adjacent base station and state information including a transmission power amount and a radio wave directivity of the adjacent base station with the base station (see para. 0043-0045, 0049-0050, the base station transmits the position information and status information including transmit power and beam pattern which is the “radio wave directivity” of the present application to the adjacent or peripheral base stations via management interface by direct or indirect connection), and acquire position information of the base station and state information including a transmission power amount and a radio wave directivity of the base station (see para. 0043-0045, 0049-0050, the base station acquire the position information of peripheral base station and status information including transmit power and beam pattern ), decide whether cell adjustment is necessary, based on position information of the adjacent base station, acquired state information of the adjacent base station, position information of the base station, and acquired state information of the base station (see para. 0066, adjustment based on TX power and beam pattern according configuration information and location; para. 0054, CCO algorithm to adjust coverage area based on TX power beam and location), calculate a transmission power amount or a radio wave directivity of the adjacent base station when it is decided that cell adjustment is necessary, and adjust a cell by changing to the calculated transmission power amount or the calculated radio wave directivity (see para. 0059-0060, compute coverage area based on location TX power and beam pattern of surrounding base stations and perform adjustment). 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. 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) 2-4, 9-11 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gan in view of Parkvall et al. (US 2017/0331577 A1, hereinafter “Parkvall”). Regarding claims 2, and 9, Gan discloses that the position information is coordinates of a global position system (GPS) and that the network including the base station is a 5G network (see para. 0046 and 0062). Gan fails to disclose explicitly the base station adopts time division duplex (TDD) and includes a receiver configured to receive a positioning signal from a satellite positioning system, and the at least one processor configured to execute the instructions to acquire position information of the base station based on a positioning signal received via the receiver. However, Parkvall from a similar field of endeavor discloses the base station adopts time division duplex (TDD) and includes a receiver configured to receive a positioning signal from a satellite positioning system, and the at least one processor configured to execute the instructions to acquire position information of the base station based on a positioning signal received via the receiver (see para. 1166-1167 and 1707, TDD method). Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Parkvall TDD method and acquiring the coordinates of the global position system based on the positioning signal received from GPS of Gan. The method can be implemented in a receiver. The motivation of doing this is to improve spectral efficiency. Regarding claims 3, 10, and 17, Gan discloses wherein the at least one processor configured to execute the instructions to; transmit, to one or more adjacent base stations by broadcast, state information of the base station together with an identifier of the base station, and acquire, from the adjacent base station by broadcast, state information of the adjacent base station together with an identifier of the adjacent base station (see para. 0050, base station broadcasts configuration information including status information and cell ID to peripheral base stations). Regarding claims 4, 11, and 18, Gan discloses all the subject matter but fails to mention wherein the state information sharing is performed by using a random backoff algorithm. However, Parkvall from a similar field of endeavor discloses wherein the state information sharing is performed by using a random backoff algorithm (see para. 1569, random backoff). Thus, it would have been obvious to include Parkvall random access backoff procedure into Gan access procedure. The method can be implemented in a message. The motivation of doing this is to prioritize data transmission. Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gan in view of Furuichi (US 2019/0274081).. Regarding claims 6, and 13, Gan discloses all the subject matter but fails to mention explicitly further comprising a core, a radio unit (RU), a distributed unit (DU), and a central unit (CU), wherein the base station is a mobile base station operating according to a cellular communication standard. However, Furuichi from a similar field of endeavor discloses further comprising a core, a radio unit (RU), a distributed unit (DU), and a central unit (CU), wherein the base station is a mobile base station operating according to a cellular communication standard (see para. 0075). Thus, it would have been obvious to one ordinary skill in the before the effective filing date of the claimed invention was made to include Furuichi base unit components into Gan base station. The method can be implemented in a base station. The motivation of doing this is to separate processing function. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD S ANWAR whose telephone number is (571)270-5641. The examiner can normally be reached M-F 6-5 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, Asad Nawaz can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. MOHAMMAD S. ANWAR Primary Examiner Art Unit 2463 /MOHAMMAD S ANWAR/Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Mar 08, 2024
Application Filed
Feb 18, 2026
Non-Final Rejection — §102, §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
85%
Grant Probability
92%
With Interview (+6.7%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1131 resolved cases by this examiner. Grant probability derived from career allow rate.

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