Prosecution Insights
Last updated: October 02, 2026
Application No. 18/628,327

WIRELESS NETWORK SLICE USAGE BASED ON RADIO SIGNAL LEVELS

Non-Final OA §102§103
Filed
Apr 05, 2024
Examiner
SAM, PHIRIN
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
T-Mobile USA Inc.
OA Round
2 (Non-Final)
90%
Grant Probability
Favorable
2-3
OA Rounds
2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
933 granted / 1034 resolved
+32.2% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
14 currently pending
Career history
1040
Total Applications
across all art units

Statute-Specific Performance

§101
7.8%
-32.2% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1034 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 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 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)(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, 8, 11, 15, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Pub. 2024/0155474 to Andreasen et al. (hereinafter Andreasen). In regard claim 1, Andreasen teaches or discloses a method comprising: selecting an original wireless network slice for a wireless communication device (see abstract, paragraphs [0018], [0019], [0053], [0073], [0074], [0078], [0080], and [0081], a selected network slice that is associated with a best affinity ranking value for the zone or security level value that is assigned to the industrial device; and assigning the selected network slice and associated service parameters for the communications of the industrial device in the private mobile network. Controller 604 may then select, from the set of network slices A, B, C, and D, a subset of network slices having network service requirement configurations that most closely support the network service requirements for industrial device 630); identifying one or more radio signal parameters for the original wireless network slice (see paragraphs [0090], and [0091], controller 604 may identify, from the subset of network slices A and B, a selected network slice A which is associated with the best affinity ranking value (i.e., value 1) for the zone or security level value that is assigned to the industrial device 630 (i.e., Zone 1)); determining one or more radio signal levels for the wireless communication device (see paragraphs [0052], and [0078], determining network service requirements for each industrial device and its associated application flows. Network service requirements for an industrial device may include QoS settings (e.g., bandwidth, delay, jitter, etc.), reliability requirements (e.g., packet loss, reordering, duplication, up-time, etc.), monitoring to ensure service agreement specifications (e.g., from SLAs), etc. Note that a derived capability may include a UPF distance); and using a different wireless network slice for the wireless communication device in response to the one or more radio signal parameters for the original wireless network slice and the one or more radio signal levels for the wireless communication device (see paragraphs [0018], [0041], [0045], [0074], network slice 140 may be considered an onboarding network slice type, network slice 150 may be considered another network slice type (e.g., Type 1), network slice 160 may be considered yet another network slice type (e.g., Type 2), and network slice 170 may be considered yet another network slice type (e.g., Type N) in which each different type of network slices may provide different network services than other network slice types. The session for the wireless device 102 involving network slice 150 can involve a different UPF for network slice 150 (other than or in addition to UPF 132. MUD provisioning server 122 may be configured with various network slice definitions that identify VNF(s) that are to be configured for different various network slice types and may identify usage parameters/information that can be associated/correlated to each network slice type such that the MUD provisioning server 122 can cause an appropriate network slice to be configured, instantiated, and provisioned with appropriate parameters within mobile network 120). In regard claim 8, Andreasen teaches or discloses a method comprising: a network control system selecting an original wireless network slice for a wireless communication device (see abstract, paragraphs [0018], [0019], [0053], [0073], [0074], [0078], [0080], and [0081], a selected network slice that is associated with a best affinity ranking value for the zone or security level value that is assigned to the industrial device; and assigning the selected network slice and associated service parameters for the communications of the industrial device in the private mobile network. Controller 604 may then select, from the set of network slices A, B, C, and D, a subset of network slices having network service requirement configurations that most closely support the network service requirements for industrial device 630); the network control system identifying one or more radio signal parameters for the original wireless network slice (see paragraphs [0090], and [0091], controller 604 may identify, from the subset of network slices A and B, a selected network slice A which is associated with the best affinity ranking value (i.e., value 1) for the zone or security level value that is assigned to the industrial device 630 (i.e., Zone 1)); a radio communication system determining one or more radio signal levels for the wireless communication device (see paragraphs [0052], and [0078], determining network service requirements for each industrial device and its associated application flows. Network service requirements for an industrial device may include QoS settings (e.g., bandwidth, delay, jitter, etc.), reliability requirements (e.g., packet loss, reordering, duplication, up-time, etc.), monitoring to ensure service agreement specifications (e.g., from SLAs), etc. Note that a derived capability may include a UPF distance); and the network control system selecting a different wireless network slice for the wireless communication device in response to the one or more radio signal parameters for the original wireless network slice and the one or more radio signal levels for the wireless communication device (see paragraphs [0018], [0041], [0045], [0074], network slice 140 may be considered an onboarding network slice type, network slice 150 may be considered another network slice type (e.g., Type 1), network slice 160 may be considered yet another network slice type (e.g., Type 2), and network slice 170 may be considered yet another network slice type (e.g., Type N) in which each different type of network slices may provide different network services than other network slice types. The session for the wireless device 102 involving network slice 150 can involve a different UPF for network slice 150 (other than or in addition to UPF 132. MUD provisioning server 122 may be configured with various network slice definitions that identify VNF(s) that are to be configured for different various network slice types and may identify usage parameters/information that can be associated/correlated to each network slice type such that the MUD provisioning server 122 can cause an appropriate network slice to be configured, instantiated, and provisioned with appropriate parameters within mobile network 120). In regard claim 10, Andreasen teaches or discloses the method of claim 8 wherein the radio communication system comprises a Physical Layer (PHY) in a wireless access node (see paragraphs [0094], any of potential processing elements, microprocessors, digital signal processor, baseband signal processor, modem, PHY, controllers, systems, managers, logic, and/or machines described herein can be construed as being encompassed within the broad term ‘processor’). In regard claim 11, Andreasen teaches or discloses the method of claim 8 wherein the network control system and the radio communication system comprise a Fifth Generation New Radio (5GNR) access node (see paragraphs [0054], [0063], and [0085], network device profile information may be obtained, for example, from an ISE or a subscriber database of the private 5G network). In regard claim 15, Andreasen teaches or discloses a data communication system comprising: a network control system to select an original wireless network slice for a wireless communication device (see abstract, paragraphs [0018], [0019], [0053], [0073], [0074], [0078], [0080], and [0081], a selected network slice that is associated with a best affinity ranking value for the zone or security level value that is assigned to the industrial device; and assigning the selected network slice and associated service parameters for the communications of the industrial device in the private mobile network. Controller 604 may then select, from the set of network slices A, B, C, and D, a subset of network slices having network service requirement configurations that most closely support the network service requirements for industrial device 630); the network control system to identify one or more radio signal parameters for the original wireless network slice (see paragraphs [0090], and [0091], controller 604 may identify, from the subset of network slices A and B, a selected network slice A which is associated with the best affinity ranking value (i.e., value 1) for the zone or security level value that is assigned to the industrial device 630 (i.e., Zone 1)); a radio communication system to determine one or more radio signal levels for the wireless communication device (see paragraphs [0052], and [0078], determining network service requirements for each industrial device and its associated application flows. Network service requirements for an industrial device may include QoS settings (e.g., bandwidth, delay, jitter, etc.), reliability requirements (e.g., packet loss, reordering, duplication, up-time, etc.), monitoring to ensure service agreement specifications (e.g., from SLAs), etc. Note that a derived capability may include a UPF distance); and the network control system to select a different wireless network slice for the wireless communication device in response to the one or more radio signal parameters for the original wireless network slice and the one or more radio signal levels for the wireless communication device (see paragraphs [0018], [0041], [0045], [0074], network slice 140 may be considered an onboarding network slice type, network slice 150 may be considered another network slice type (e.g., Type 1), network slice 160 may be considered yet another network slice type (e.g., Type 2), and network slice 170 may be considered yet another network slice type (e.g., Type N) in which each different type of network slices may provide different network services than other network slice types. The session for the wireless device 102 involving network slice 150 can involve a different UPF for network slice 150 (other than or in addition to UPF 132. MUD provisioning server 122 may be configured with various network slice definitions that identify VNF(s) that are to be configured for different various network slice types and may identify usage parameters/information that can be associated/correlated to each network slice type such that the MUD provisioning server 122 can cause an appropriate network slice to be configured, instantiated, and provisioned with appropriate parameters within mobile network 120). In regard claim 19, Andreasen teaches or discloses the data communication system of claim 15 wherein the network control system and the radio communication system comprise a Fifth Generation New Radio (5GNR) access node (see paragraphs [0003], [0004], [0025], [0026], and [0032]). 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: 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 non-obviousness. Claims 9, 12, 13, 17, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Andreasen in view of US Pub. 2022/0132455 to Gupta et al. (hereinafter Gupta). In regard claim 9, Andreasen may not explicitly teach or disclose the method of claim 8 wherein the network control system comprises a Radio Resource Controller (RRC) in a wireless access node. However, Gupta teaches or discloses wherein the network control system comprises a Radio Resource Controller (RRC) in a wireless access node (see paragraphs [0206], [0225], and [0226], [0231], the protocol processing circuitry may operate LTE protocol entities and/or 5G/NR protocol entities when the baseband circuitry 1210 and/or RF circuitry 1206 are part of mmWave communication circuitry or some other suitable cellular communication circuitry. In the first example, the protocol processing circuitry would operate MAC, RLC, PDCP, SDAP, RRC, and NAS functions). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify auto-configuration of private mobile network of Andreasen by including wherein the network control system comprises a Radio Resource Controller (RRC) in a wireless access node suggested by Gupta. This modification would provide to carry out architecture enhancements to support highly efficient handling of frequent and infrequent small data transmissions in 5G systems with minimized overhead for system signaling without compromising, for example, security, support power consumption optimizations, simplify mobility and session management procedures and support paging optimizations read in paragraph [0027]. In regard claim 12, Andreasen may not explicitly teach or disclose the method of claim 8 wherein the network control system and the radio communication system comprise a Wireless Fidelity (WIFI) access node. However, Gupta teaches or discloses wherein the network control system and the radio communication system comprise a Wireless Fidelity (WIFI) access node (see paragraphs [0121], the RSU may operate as a Wi-Fi hotspot (2.4 GHz band) and/or provide connectivity to one or more cellular networks to provide uplink and downlink communications). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify auto-configuration of private mobile network of Andreasen by including wherein the network control system and the radio communication system comprise a Wireless Fidelity (WIFI) access node suggested by Gupta. This modification would provide to carry out architecture enhancements to support highly efficient handling of frequent and infrequent small data transmissions in 5G systems with minimized overhead for system signaling without compromising, for example, security, support power consumption optimizations, simplify mobility and session management procedures and support paging optimizations read in paragraph [0027]. In regard claim 13, Andreasen may not explicitly teach or disclose the method of claim 8, wherein the network control system and the radio communication system comprise a satellite-based access node. However, Gupta teaches or discloses wherein the network control system and the radio communication system comprise a satellite-based access node (see paragraphs [0119], [0167], [0177], these access nodes can be referred to as BS, gNBs, RAN nodes, eNBs, NodeBs, RSUs, TRxPs or TRPs, and so forth, and can comprise ground stations (e.g., terrestrial access points) or satellite stations providing coverage within a geographic area (e.g., a cell). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify auto-configuration of private mobile network of Andreasen by including wherein the network control system and the radio communication system comprise a satellite-based access node suggested by Gupta. This modification would provide to carry out architecture enhancements to support highly efficient handling of frequent and infrequent small data transmissions in 5G systems with minimized overhead for system signaling without compromising, for example, security, support power consumption optimizations, simplify mobility and session management procedures and support paging optimizations read in paragraph [0027]. In regard claim 17, Andreasen teaches or discloses the data communication system of claim 15 wherein: the one or more radio signal parameters for the original wireless network slice (see abstract, [0018], [0078], [0080], and [0081], each network slice of the set is associated with an affinity ranking value that is indicative of a service performance of the network slice for industrial device operation in a cell or a zone associated with a zone or security level value that is assigned to the industrial device; identifying, from the subset of network slices, a selected network slice that is associated with a best affinity ranking value for the zone or security level value that is assigned to the industrial device; and assigning the selected network slice and associated service parameters for the communications of the industrial device in the private mobile network) comprise one or more Reference Signal Received Power (RSRP) parameters for the original wireless network slice; and the one or more radio signal levels for the wireless communication device (see paragraphs [0052], and [0078], network service requirements for an industrial device may include QoS settings (e.g., bandwidth, delay, jitter, etc.), reliability requirements (e.g., packet loss, reordering, duplication, up-time, etc.), monitoring to ensure service agreement specifications (e.g., from SLAs), etc. Note that a derived capability may include a UPF distance) comprise one or more RSRP levels for the wireless communication device. Andreasen may not explicitly teach or disclose one or more Reference Signal Received Power (RSRP) parameters. However, Gupta teaches or discloses one or more Reference Signal Received Power (RSRP) parameters (see paragraph [0455], CSI-RSRP CSI reference signal received power). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify auto-configuration of private mobile network of Andreasen by including one or more Reference Signal Received Power (RSRP) parameters suggested by Gupta. This modification would provide to carry out architecture enhancements to support highly efficient handling of frequent and infrequent small data transmissions in 5G systems with minimized overhead for system signaling without compromising, for example, security, support power consumption optimizations, simplify mobility and session management procedures and support paging optimizations read in paragraph [0027]. In regard claim 18, Andreasen teaches or discloses the data communication system of claim 15 further comprising: the one or more radio signal parameters for the original wireless network slice (see abstract, [0018], [0078], [0080], and [0081], each network slice of the set is associated with an affinity ranking value that is indicative of a service performance of the network slice for industrial device operation in a cell or a zone associated with a zone or security level value that is assigned to the industrial device; identifying, from the subset of network slices, a selected network slice that is associated with a best affinity ranking value for the zone or security level value that is assigned to the industrial device; and assigning the selected network slice and associated service parameters for the communications of the industrial device in the private mobile network) comprise one or more Signal-to-Noise Ratio (SNR) parameters for the original wireless network slice; and the one or more radio signal levels for the wireless communication device (see paragraphs [0052], and [0078], network service requirements for an industrial device may include QoS settings (e.g., bandwidth, delay, jitter, etc.), reliability requirements (e.g., packet loss, reordering, duplication, up-time, etc.), monitoring to ensure service agreement specifications (e.g., from SLAs), etc. Note that a derived capability may include a UPF distance) comprise one or more SNR levels for the wireless communication device. Andreasen may not explicitly teach or disclose one or more Signal-to-Noise Ratio (SNR) parameters. However, Gupta teaches or discloses one or more Signal-to-Noise Ratio (SNR) parameters (see paragraph [0457], CSI-SINR CSI signal-to-noise and interference ratio). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify auto-configuration of private mobile network of Andreasen by including one or more Signal-to-Noise Ratio (SNR) suggested by Gupta. This modification would provide to carry out architecture enhancements to support highly efficient handling of frequent and infrequent small data transmissions in 5G systems with minimized overhead for system signaling without compromising, for example, security, support power consumption optimizations, simplify mobility and session management procedures and support paging optimizations read in paragraph [0027]. In regard claim 20, Andreasen may not explicitly teach or disclose the data communication system of claim 15 wherein the network control system and the radio communication system comprise a satellite-based access node. However, Gupta teaches or discloses wherein the network control system and the radio communication system comprise a satellite-based access node (see paragraphs [0119], [0167], [0177], these access nodes can be referred to as BS, gNBs, RAN nodes, eNBs, NodeBs, RSUs, TRxPs or TRPs, and so forth, and can comprise ground stations (e.g., terrestrial access points) or satellite stations providing coverage within a geographic area (e.g., a cell). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify auto-configuration of private mobile network of Andreasen by including wherein the network control system and the radio communication system comprise a satellite-based access node suggested by Gupta. This modification would provide to carry out architecture enhancements to support highly efficient handling of frequent and infrequent small data transmissions in 5G systems with minimized overhead for system signaling without compromising, for example, security, support power consumption optimizations, simplify mobility and session management procedures and support paging optimizations read in paragraph [0027]. Allowable Subject Matter Claims 2-7, 14, and 16 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. Response to Arguments Applicant’s arguments with respect to claims 1-2, 7-13, 15, and 17-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHIRIN SAM whose telephone number is (571)272-3082. The examiner can normally be reached Mon - Fri, 10:30am - 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, Ayaz R. Sheikh can be reached at (571) 272 - 3795. 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. /PHIRIN SAM/Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Apr 05, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §102, §103
Jun 11, 2026
Response Filed
Aug 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12744639
DEMODULATION REFERENCE SIGNALING FOR SELECTIVE CHANNELS
3y 10m to grant Granted Sep 22, 2026
Patent 12744642
Unequal Density Demodulation Reference Signal Positions
2y 11m to grant Granted Sep 22, 2026
Patent 12739678
COMMUNICATION METHOD AND APPARATUS BASED ON MEASUREMENT RELAXATION MECHANISM, AND STORAGE MEDIUM
2y 7m to grant Granted Sep 15, 2026
Patent 12739892
METHODS FOR PRACH OCCASION INDEXING AND RO GROUPS DETERMINATION
2y 4m to grant Granted Sep 15, 2026
Patent 12732326
COMMUNICATION APPARATUS AND COMMUNICATION METHOD FOR OVERHEAD REDUCTION OF WLAN SENSING
2y 11m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
90%
Grant Probability
96%
With Interview (+6.2%)
2y 8m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1034 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month