Prosecution Insights
Last updated: October 02, 2026
Application No. 18/611,033

DYNAMIC WIRELESS NETWORK PROTOCOLS

Final Rejection §103
Filed
Mar 20, 2024
Examiner
AHMED, ATIQUE
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
T-Mobile USA Inc.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
390 granted / 482 resolved
+22.9% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
32 currently pending
Career history
507
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
68.8%
+28.8% vs TC avg
§102
10.4%
-29.6% vs TC avg
§112
14.1%
-25.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 482 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 . 2. Applicant’s argument, filed on 06/12/2026 regarding rejection of claims 1 – 20, has been fully considered and they are not persuasive. 3. Applicant’s arguments filed on 06/12/2026 with respect to claims 1-20 have been considered but are moot because the arguments do not apply to new combinations of references including new prior arts being used in the current rejection. The new grounds of rejection are necessitated by amendment. Claim Rejections - 35 USC § 103 4. 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. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitazoe; Masato (US 20090011783 A1)hereinafter Kitazoe and further in view of Shih et al. (US 20200045610 A1)hereinafter Shih As to claim 1. Kitazoe teaches One or more computer-readable media having computer-executable instructions embodied thereon that, when executed, perform a method of utilizing dynamic wireless network protocols, the method comprising ([0105] Fig. 11, Processor 1112 of a base station coupled to a data store 404 that can store information related to protocols, data to be transmitted, received data, related to selecting UE dynamic capability associated with a mobile device) receiving, at a node, a user equipment (UE) capability message from a UE indicating a type of the UE; ([0055] Fig. 1, base station 102 can receive the UE capability information from the mobile device 116, and can store the UE capability information. ) and based on the type of UE, determining, at the node, a dynamic wireless network protocol specific to the type of UE. ([0055][0078] , the base station 102 can include a selector 402 that can select a UE dynamic capability to be utilized by a mobile device 116 during a connection and/or communication associated with the mobile device 116 and predefined selection criteria type of communication (e.g., voice calling, messaging, best effort data, protocol layer signaling, etc./protocol specific to type of UE) wherein the dynamic wireless network protocol is determined based on whether the UE requires core network communications, ([0055] [0056] [0059] base station 102 can transmit information related to the selected UE dynamic capability to the mobile device 116 including , protocol layer signaling; predefined selection criteria, the core network and/or base station 102 can facilitate selecting the UE dynamic capability to be used by the mobile device 116, which can be the presented UE dynamic capability Kitazoe does not teach and wherein the dynamic wireless network protocol comprises a protocol stack that excludes one or more core network functions based on the type of UE. Shih teaches and wherein the dynamic wireless network protocol comprises a protocol stack that excludes one or more core network functions based on the type of UE.([0063] [0067] protocol stack and network architecture design (including interfaces between rTRPs) considering operation of multiple relay hops between the anchor node (e.g. connection to core) and UE; RAN-based mechanisms to support dynamic route selection potentially without core network involvement to accommodate short-term blocking and transmission of latency-sensitive traffic across backhaul link) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Shih with the teaching of Kitazoe because Shih teaches dynamic route selection without core network involvement would without core network involvement would benefit resource allocation/route management coordination across multiple nodes, for end-to-end route selection and optimization.(Shih [0061]) Claim 9 are interpreted and rejected for the same reasons as set forth in claim 1. As to claim 17. Kitazoe teaches A system for utilizing dynamic wireless network protocols, the system comprising ([0105]Fig. 1, Fig. 4, system using suitable information that can facilitate selecting UE dynamic capability associated) a user equipment (UE); ([0077] Fig. 4, a mobile device) and a node configured to wirelessly communicate with the UE, ([0077] Fig. 1, Fig. 4, system includes a base station 102 that can communicate wirelessly with one or more mobile devices) wherein the node is configured to: receive a UE capability message from a UE indicating a type of the UE; ([0074] ([0079] Fig. 1, Fig. 4, mobile device 116 can include a capability communicator 302 that can communicate UE capability information, such as UE semi-static capability information and/or UE dynamic capability information, for the mobile device 116 to the base station 102 to facilitate determining and/or selecting a UE dynamic capability (e.g., UE class, type of UE) to be employed) based on the type of UE, determining a dynamic wireless network protocol specific to the type of UE; ([0055][0078] [0079]Fig. 1, , the base station 102 can include a selector 402 that can select a UE dynamic capability to be utilized by a mobile device 116 during a connection and/or communication associated with the mobile device 116 and predefined selection criteria type of communication (e.g., voice calling, messaging, best effort data, protocol layer signaling, etc.) to facilitate determining and/or selecting a UE dynamic capability (e.g., UE class, type of UE) to be employed) and initiate the dynamic wireless network protocol specific to the type of UE. ([0078][0055] [0079]Fig. 1, Based at least in part on received UE capability information, the selector 402 can select a UE dynamic capability to be utilized by the mobile device 116 during a connection and/or communication associated with the mobile device 116 to facilitate determining and/or selecting a UE dynamic capability (e.g., UE class, type of UE) to be employed) wherein the dynamic wireless network protocol is determined based on whether the UE requires core network communications, ([0055] [0056] [0059] base station 102 can transmit information related to the selected UE dynamic capability to the mobile device 116 including , protocol layer signaling; predefined selection criteria, the core network and/or base station 102 can facilitate selecting the UE dynamic capability to be used by the mobile device 116, which can be the presented UE dynamic capability Kitazoe does not teach and wherein the dynamic wireless network protocol comprises a protocol stack that excludes one or more core network functions based on the type of UE. Shih teaches and wherein the dynamic wireless network protocol comprises a protocol stack that excludes one or more core network functions based on the type of UE.([0063] [0067] protocol stack and network architecture design (including interfaces between rTRPs) considering operation of multiple relay hops between the anchor node (e.g. connection to core) and UE; RAN-based mechanisms to support dynamic route selection potentially without core network involvement to accommodate short-term blocking and transmission of latency-sensitive traffic across backhaul link) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Shih with the teaching of Kitazoe because Shih teaches dynamic route selection without core network involvement would without core network involvement would benefit resource allocation/route management coordination across multiple nodes, for end-to-end route selection and optimization.(Shih [0061]) Claim Rejections - 35 USC § 103 7. 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. Claim(s) 2, 3, 10, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitazoe, Shih and further in view of Zhang et al. (US 20210153062 A1)hereinafter Zhang As to claim 2. The combination of Kitazoe and Shih does not teach wherein the type of UE comprises one of: a home customer premises equipment (CPE), a fixed internet of things (IoT) sensor, or an Ultra-Reliable Low Latency Communications (URLLC) device. Zhang teaches UE comprises one of: a home customer premises equipment (CPE), a fixed internet of things (IoT) sensor, or an Ultra-Reliable Low Latency Communications (URLLC) device. ([0207] a wireless customer-premise equipment (CPE),) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Zhang with the teaching of Kitazoe and Shih because Zhang teaches that a wireless customer-premise equipment (CPE) or a host computer refers to the hardware devices located at the subscriber’s premises that enable access to telecommunication and internet services. (Zhang[0076] [0242]) Claims 10, 18 are interpreted and rejected for the same reasons as set forth in claim 2. As to claim 3. The combination of Kitazoe and Shih specifically Kitazoe teaches initiating, at the node([0092] base station utilizing UE capability associated with the mobile device can select a desired (e.g., optimal) UE dynamic capability to be utilized by the mobile device during the connection and communication) the dynamic wireless network protocol comprising ([0053][0092] UE dynamic capability, which can include a UE class, and UE semi-static capability, which can include supported UE classes protocol version) The combination of Kitazoe and Shih does not teach further comprising, based on the type of UE comprising the home CPE, comprising local authentication Zhang teaches further comprising, based on the type of UE comprising the home CPE, ([0207] a wireless customer-premise equipment (CPE), initiating, at the node, comprising local authentication. ([0089] the link establishment procedure, UEs are engaged in isolated (non-relay) one-to-one communication to negotiate IP address allocation mechanisms and mutual authentication is performed during the link establishment procedure if a secure layer-2 link is required to be established over the sidelink.) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Zhang with the teaching of Kitazoe and Shih because Zhang teaches that a wireless customer-premise equipment (CPE) or a host computer refers to the hardware devices located at the subscriber’s premises that enable access to telecommunication and internet services. (Zhang[0076] [0242]) Claim 11 are interpreted and rejected for the same reasons as set forth in claim 3. Claim(s) 4, 5, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitazoe, Shih, Zhang and further in view of Chun (US 20220116908 A1)hereinafter Chun As to claim 4. The combination of Kitazoe, Shih and Zhang specifically Kitazoe teaches , wherein the dynamic wireless network protocol comprises ([0053] UE dynamic capability, which can include a UE class, and UE semi-static capability, which can include supported UE classes protocol version) The combination of Kitazoe and Zhang does not teach no communications with a core network. Chun teaches no communications with a core network.([0242] Fig. 8, user plane communication between UE and eNB, no communication to Core ) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Chun with the teaching of Kitazoe, Shih and Zhang because Chun teaches that terminal may transmit and receive gap information using an RRC message or a MAC message instead of a NAS message thereby since information is processed in the RAN, the burden on the CN may be reduced. (Chun [0443]) Claim 12 are interpreted and rejected for the same reasons as set forth in claim 4. As to claim 5 The combination of Kitazoe, Shih and Zhang specifically Kitazoe teaches , wherein the dynamic wireless network protocol comprises([0053] UE dynamic capability, which can include a UE class, and UE semi-static capability, which can include supported UE classes protocol version) The combination of Kitazoe, Shih and Zhang does not teach no user plane with a core network. Chun teaches no user plane with a core network. ([0242] Fig. 8, user plane communication between UE and eNB, no communication to Core ) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Chun with the teaching of Kitazoe, Shih and Zhang because Chun teaches that terminal may transmit and receive gap information using an RRC message or a MAC message instead of a NAS message thereby since information is processed in the RAN, the burden on the CN may be reduced. (Chun [0443]) Claims 13 and 19 are interpreted and rejected for the same reasons as set forth in claim 5. Claim(s) 6, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitazoe, Shih and Chun As to claim 6. The combination of Kitazoe and Shih specifically Kitazoe teaches further comprising initiating, at the node ([0092] base station utilizing UE capability associated with the mobile device can select a desired (e.g., optimal) UE dynamic capability to be utilized by the mobile device during the connection and communication) , the dynamic wireless network protocol comprising([0053] UE dynamic capability, which can include a UE class, and UE semi-static capability, which can include supported UE classes protocol version) The combination of Kitazoe and Shih does not teach based on the type of UE comprising the IoT sensor([0682]IOT device type sensor) signaling only no user plane or mobility with a core network. ([0242] Fig. 8, user plane communication/signaling between UE and eNB, no communication to Core ) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Chun with the teaching of Kitazoe, Shih and Zhang because Chun teaches that terminal may transmit and receive gap information using an RRC message or a MAC message instead of a NAS message thereby since information is processed in the RAN, the burden on the CN may be reduced. (Chun [0443]) Claims 14 and 20 are interpreted and rejected for the same reasons as set forth in claim 6. Claim(s) 7, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitazoe, Shih and further in view of Hosseini et al. (US 20200221399 A1)hereinafter Hosseini As to claim 7. The combination of Kitazoe and Shih specifically Kitazoe teaches further comprising, initiating, at the node, node ([0092] base station utilizing UE capability associated with the mobile device can select a desired (e.g., optimal) UE dynamic capability to be utilized by the mobile device during the connection and communication) the dynamic wireless network protocol comprising([0053] UE dynamic capability, which can include a UE class, and UE semi-static capability, which can include supported UE classes protocol version) The combination of Kitazoe and Shih does not teach based on the type of UE comprising the URLLC device, no Hybrid Automatic Repeat Request (HARQ). Hosseini teaches based on the type of UE comprising the URLLC device, ([0150] [0155] when the UE supports URLLC, and the traffic type is differentiable at the PHY layer, PUCCH for URLLC without HARQ-ACK or SR or PUSCH for URLLC without HARQ-ACK on MCG) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Hosseini with the teaching of Kitazoe, Shih because Hosseini teaches that PUSCH on MCG without HARQ-ACK may have a lower priority thereby reducing power of lower priority transmission on symbols that overlap with symbols occupied by higher priority transmission. (Hosseini [0129]) Claim 15 are interpreted and rejected for the same reasons as set forth in claim 7. Claim(s) 8, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitazoe, Shih and further in view of Zheng et al. (US 20240138021 A1)hereinafter Zheng As to claim 8. The combination of Kitazoe and Shih specifically Kitazoe teaches , further comprising, based on the type of UE, initiating, at the node, ([0092] base station utilizing UE capability associated with the mobile device can select a desired (e.g., optimal) UE dynamic capability to be utilized by the mobile device during the connection and communication) the dynamic wireless network protocol comprising ([0053] UE dynamic capability, which can include a UE class, and UE semi-static capability, which can include supported UE classes protocol version) The combination of Kitazoe and Shih does not teach a 6G device no radio link control (RLC) acknowledge mode (AM). Zheng teaches a 6G device no radio link control (RLC) acknowledge mode (AM). ([0064] [0113]Fig. 4, TX UE, RX UE in the NR system, for example, a 6th Generation (6G) communication system, direct communication request (DCR) uses a sidelink signaling radio bearer with unprotected PC5-S, that is, (SL-Signaling Radio Bearer, SL-SRB) 0 (using a (Transparent Mode Radio Link Control, TM RLC) mode without a signaling feedback acknowledgement mechanism AM) Therefore, it would have been obvious to one of ordinary skills in the art before the effective filling date of the claimed invention to combine teaching of Zheng with the teaching of Kitazoe, Shih because Zheng teaches that unicast sidelink establishment can be completed within one cycle of the first DRX thereby improves sidelink establishment efficiency and can further achieve the purpose of reducing terminal power consumption.(Zheng [0096]) Claim 16 are interpreted and rejected for the same reasons as set forth in claim 8. Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mody; Apurva N. et al. [US 20230092997 A1] SYSTEM AND METHOD FOR INTERFERENCE MITIGATION AND CONGESTION CONTROL THROUGH CROSS LAYER COGNITIVE COMMUNICATIONS AND INTELLIGENT ROUTING Breuer; Volker et al. [US 12495394 B2] Method for initiating data transmission from a user equipment NIU; Li et al. [US 20260082317 A1] Radio access method, information processing method, and network system based on internet of things Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATIQUE AHMED whose telephone number is (571)272-6244. The examiner can normally be reached 9:30 - 7:30 PM M-F Eastern. 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, Un Cho can be reached at 5712727919. 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. /ATIQUE AHMED/Primary Examiner, Art Unit 2413
Read full office action

Prosecution Timeline

Mar 20, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection mailed — §103
Jun 12, 2026
Response Filed
Aug 20, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+15.3%)
2y 9m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 482 resolved cases by this examiner. Grant probability derived from career allowance rate.

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