Prosecution Insights
Last updated: April 19, 2026
Application No. 18/600,398

TERRESTRIAL AND NON-TERRESTRIAL NETWORK INTERFERENCE MITIGATION

Non-Final OA §102
Filed
Mar 08, 2024
Examiner
LOTTER, DAVID E
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BOOST SUBSCRIBERCO L.L.C.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
493 granted / 584 resolved
+16.4% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
21 currently pending
Career history
605
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
23.0%
-17.0% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 584 resolved cases

Office Action

§102
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 6/12/2025, 6/18/2025, 8/19/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-4, 5-8, 14-16, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) & 35 U.S.C. 102(a)(2) as being anticipated by Karabinis (US 2006/0211371), hereinafter Karabinis. Regarding claim 1 Karabinis discloses a method, comprising: determining that terrestrial network downlink transmissions for a terrestrial network and non-terrestrial network uplink transmissions for a non-terrestrial network utilize a same frequency band (paragraph 0118; see also Fig. 6); identifying one or more terrestrial cells of the terrestrial network that are in a coverage area of a non-terrestrial network satellite of the non-terrestrial network (e.g., Fig. 8A, at cell 816); instructing the one or more terrestrial network cells to utilize at least a first bandwidth utilization scheme for terrestrial network downlink transmissions (e.g., paragraph 0127); and instructing the non-terrestrial network satellite of the non-terrestrial network to utilize a second bandwidth utilization scheme for non-terrestrial network uplink transmissions (e.g., paragraph 0127), wherein the second bandwidth utilization scheme is different from the first bandwidth utilization scheme (e.g., paragraph 0127). Regarding claim 2 Karabinis further discloses the method of claim 1, wherein instructing the one or more terrestrial network cells to utilize at least the first bandwidth utilization scheme for the terrestrial network downlink transmissions comprises: selecting the first bandwidth utilization scheme for a first terrestrial network cell of the one or more terrestrial network cells; instructing the first terrestrial network cell to utilize the first bandwidth utilization scheme for terrestrial network downlink transmissions; selecting a third bandwidth utilization scheme for a second terrestrial network cell of the one or more terrestrial network cells, wherein the third bandwidth utilization scheme is different from the first bandwidth utilization scheme and different from the second bandwidth utilization scheme; and instructing the second terrestrial network cell to utilize the third bandwidth utilization scheme for terrestrial network downlink transmissions (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039). Regarding claim 3 Karabinis further discloses the method of claim 1, wherein instructing the one or more terrestrial network cells to utilize at least the first bandwidth utilization scheme for terrestrial network downlink transmissions comprises: grouping the one or more terrestrial network cells into a plurality of clusters; for each corresponding cluster, selecting a separate bandwidth utilization scheme; and instructing each terrestrial network cell in each corresponding cluster to utilize the separate bandwidth utilization scheme selected for the corresponding cluster for terrestrial network downlink transmissions (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039). Regarding claim 4 Karabinis further discloses the method of claim 1, wherein instructing the one or more terrestrial network cells to utilize at least the first bandwidth utilization scheme for terrestrial network downlink transmissions comprises: grouping the one or more terrestrial network cells into a first cluster and a second cluster; selecting the first bandwidth utilization scheme for the first cluster; instructing each terrestrial network cell in the first cluster to utilize the first bandwidth utilization scheme for terrestrial network downlink transmissions; selecting a third bandwidth utilization scheme for the second cluster, wherein the third bandwidth utilization scheme is different from the first bandwidth utilization scheme and different from the second bandwidth utilization scheme; and instructing each terrestrial network cell in the second cluster to utilize the third bandwidth utilization scheme for terrestrial network downlink transmissions (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039). Regarding claim 6 Karabinis further discloses the method of claim 1, wherein instructing the one or more terrestrial network cells to utilize at least the first bandwidth utilization scheme for terrestrial network downlink transmissions comprises: grouping the one or more terrestrial network cells into a plurality of clusters; and for each corresponding cluster, instructing each terrestrial network cell in the corresponding cluster to schedule synchronization signal blocks in a corresponding frequency domain for the corresponding cluster, wherein the corresponding frequency domain is different for each corresponding cluster (e.g., paragraphs 0035-0037; see also paragraph 0118; see also Fig. 6). Regarding claim 7 Karabinis further discloses the method of claim 1, further comprising: generating the first bandwidth utilization scheme to include a first order in which the one or more terrestrial network cells are to allocate physical resource blocks; and generating the second bandwidth utilization scheme to include a second order in which the non-terrestrial network satellite is to allocate physical resource blocks, wherein the second order is different from the first order (e.g., paragraph 0044). Regarding claim 8 Karabinis further discloses the method of claim 1, further comprising: generating the first bandwidth utilization scheme to instruct each corresponding terrestrial network cell of the one or more terrestrial network cells to allocate physical resource blocks starting with a lowest available frequency for user devices closest to the corresponding terrestrial network cell; and generating the second bandwidth utilization scheme to available frequency for high priority transmissions. The Examiner takes Official Notice that this method is a normal design procedure well known in the art. See generally the International Search Report of record. Submitted by Applicant Regarding claim 14 Karabinis discloses a system, comprising: a non-terrestrial cell of a non-terrestrial network (paragraph 0118; see also Fig. 6); a plurality of terrestrial cells of a terrestrial network ; and a computing device, comprising: a memory configured to store computer instructions; and a processor system configured to execute the computer instructions to: determine that terrestrial network downlink transmissions for the terrestrial network and non-terrestrial network uplink transmissions for the non-terrestrial network utilize a same frequency band (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039); determine that the plurality of terrestrial cells are in a coverage area of the non-terrestrial cell; group the plurality of terrestrial cells into a plurality of clusters (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039); for each corresponding cluster, selecting a separate bandwidth utilization scheme; instruct each terrestrial cell in each corresponding cluster to utilize the separate bandwidth utilization scheme selected for the corresponding cluster for terrestrial network downlink transmissions (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039); and instruct the non-terrestrial network satellite to utilize another bandwidth utilization scheme for non-terrestrial network uplink transmissions (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039), wherein the other bandwidth utilization scheme is different from the separate bandwidth utilization schemes for the plurality of clusters (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039). Regarding claim 15 Karabinis further discloses the system of claim 14, wherein the processor selects the separate bandwidth utilization scheme for each corresponding cluster by being configured to execute the computer instructions to: select a first bandwidth utilization scheme for a first cluster of terrestrial cells; and select a second bandwidth utilization scheme for a second cluster of terrestrial cells, wherein the second bandwidth utilization scheme is different from the first bandwidth utilization scheme (e.g., Fig. 8a, at 820, 822, 824, 826, 828, and 830; see also paragraph 0039). Regarding claim 16 Karabinis further discloses the system of claim 14, wherein the processor selects the separate bandwidth utilization scheme for each corresponding cluster by being configured to execute the computer instructions to: select a first synchronization signal block schedule for a first cluster of terrestrial cells; and select a second synchronization signal block schedule for a second cluster of terrestrial cells, wherein the second synchronization signal block schedule is different from the first synchronization signal block schedule. The Examiner takes Official Notice that this method is a normal design procedure well known in the art. See generally the International Search Report of record. Submitted by Applicant. Regarding claim 18 Karabinis further discloses the system of claim 14, wherein the processor selects the separate bandwidth utilization scheme for each corresponding cluster by being configured to execute the computer instructions to: select a first frequency domain for synchronization signal block transmissions for a first cluster of terrestrial cells; and select a second frequency domain for synchronization signal block transmissions for a second cluster of terrestrial cells, wherein the second frequency domain is different from the first frequency domain. The Examiner takes Official Notice that this method is a normal design procedure well known in the art. See generally the International Search Report of record. Submitted by Applicant Regarding claim 20 Karabinis further discloses the system of claim 14, wherein the processor is configured to further execute the computer instructions to: generate the separate bandwidth utilization schemes for each corresponding cluster to include a first order in which corresponding terrestrial cells of each corresponding cluster are to allocate physical resource blocks; and generate the other bandwidth utilization scheme to include a second order in which the non-terrestrial cell is to allocate physical resource blocks, wherein the second order is different from the first order. The Examiner takes Official Notice that this method is a normal design procedure well known in the art. See generally the International Search Report of record. Submitted by Applicant Allowable Subject Matter Claims 5, 17, and 19 are objected to 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding dependent claim 5, patentability exists, at least in part, with the claimed features of wherein instructing the one or more terrestrial network cells to utilize at least the first bandwidth utilization scheme for terrestrial network downlink transmissions comprises: grouping the one or more terrestrial network cells into a plurality of clusters; and for each corresponding cluster, instructing each terrestrial network cell in the corresponding cluster to schedule synchronization signal blocks at a corresponding time-slot for the corresponding cluster, wherein the corresponding time-slot is different for each corresponding cluster. Karabinis and Huang are both cited as teaching some elements of the claimed invention including a method, comprising: determining that terrestrial network downlink transmissions for a terrestrial network and non-terrestrial network uplink transmissions for a non-terrestrial network utilize a same frequency band; identifying one or more terrestrial cells of the terrestrial network that are in a coverage area of a non-terrestrial network satellite of the non-terrestrial network; instructing the one or more terrestrial network cells to utilize at least a first bandwidth utilization scheme for terrestrial network downlink transmissions; and instructing the non-terrestrial network satellite of the non-terrestrial network to utilize a second bandwidth utilization scheme for non-terrestrial network uplink transmissions, wherein the second bandwidth utilization scheme is different from the first bandwidth utilization scheme. However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant. Regarding dependent claim 17, patentability exists, at least in part, with the claimed features of wherein the processor selects the separate bandwidth utilization scheme for each corresponding cluster by being configured to execute the computer instructions to: select a first time slot for synchronization signal block transmissions for a first cluster of terrestrial cells; and select a second time slot for synchronization signal block transmissions for a second cluster of terrestrial cells, wherein the second time slot is different from the first time slot. Karabinis and Huang are both cited as teaching some elements of the claimed invention including a non-terrestrial cell of a non-terrestrial network; a plurality of terrestrial cells of a terrestrial network; and a computing device, comprising: a memory configured to store computer instructions; and a processor system configured to execute the computer instructions to: determine that terrestrial network downlink transmissions for the terrestrial network and non-terrestrial network uplink transmissions for the non-terrestrial network utilize a same frequency band. However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant. Regarding dependent claim 19, patentability exists, at least in part, with the claimed features of wherein each terrestrial cell of the plurality of terrestrial cells is configured to: receive a bandwidth utilization scheme; divide a coverage area of the terrestrial cell into at least a first region and a second region, wherein the first region is closer to the terrestrial cell than the second region; obtain a corresponding location indicator for each user device connected to the terrestrial cell; determine whether each user device connected to the terrestrial cell is in the first region or the second region based on the corresponding location indicator for each user device; for each user device determined to be in the first region, transmit; and for each user device determined to be in the second region: select a bandwidth part for data to be transmitted to the user device based on the received bandwidth utilization scheme; and transmit the data to the user device using the selected bandwidth part. Karabinis and Huang are both cited as teaching some elements of the claimed invention including a non-terrestrial cell of a non-terrestrial network; a plurality of terrestrial cells of a terrestrial network; and a computing device, comprising: a memory configured to store computer instructions; and a processor system configured to execute the computer instructions to: determine that terrestrial network downlink transmissions for the terrestrial network and non-terrestrial network uplink transmissions for the non-terrestrial network utilize a same frequency band. However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant. Claims 9-13 allowed. The following is an examiner’s statement of reasons for allowance: Regarding independent claim 9, patentability exists, at least in part, with the claimed features of a method, comprising: in response to terrestrial network downlink transmissions for a terrestrial network and non-terrestrial network uplink transmissions for a non-terrestrial network utilizing a same frequency band, receiving, by a terrestrial cell of the terrestrial network, a bandwidth utilization scheme; dividing, by the terrestrial cell, a coverage area of the terrestrial cell into at least a first region and a second region, wherein the first region is closer to the terrestrial cell than the second region; obtaining, by the terrestrial cell, a corresponding location indicator for each user device connected to the terrestrial cell; determining, by the terrestrial cell, whether each user device connected to the terrestrial cell is in the first region or the second region based on the corresponding location indicator for each user device; for each user device determined to be in the first region, transmitting, by the terrestrial cell, data to the user device using a reduced transmit power; and for each user device determined to be in the second region: selecting, by the terrestrial cell, a bandwidth part for data to be transmitted to the user device based on the received bandwidth utilization scheme; and transmitting, by the terrestrial cell, the data to the user device using the selected bandwidth part. Karabinis and Huang (US 2023/0413064) are both cited as teaching some elements of the claimed invention including a non-terrestrial cell of a non-terrestrial network; a plurality of terrestrial cells of a terrestrial network; and a computing device, comprising: a memory configured to store computer instructions; and a processor system configured to execute the computer instructions to: determine that terrestrial network downlink transmissions for the terrestrial network and non-terrestrial network uplink transmissions for the non-terrestrial network utilize a same frequency band; determine that the plurality of terrestrial cells are in a coverage area of the non-terrestrial cell. However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huang (US 2023/0413064) and the International Search Report - of record - are considered highly relevant to the current application. The Examiner highly recommends reviewing the ISR disclosed by Applicant. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E LOTTER whose telephone number is (571)270-7422. The examiner can normally be reached M-F 10am-6pm. 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, Dameon Levi can be reached at 571-272-2105. 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. DAVID E. LOTTER Primary Examiner Art Unit 2845 /DAVID E LOTTER/Primary Examiner, Art Unit 2845
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Prosecution Timeline

Mar 08, 2024
Application Filed
Feb 16, 2026
Non-Final Rejection — §102 (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
94%
With Interview (+9.4%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 584 resolved cases by this examiner. Grant probability derived from career allow rate.

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