Prosecution Insights
Last updated: August 14, 2026
Application No. 18/668,759

INTELLIGENT CALL CONTINUITY MANAGEMENT AND VOICE RADIO ACCESS TECHNOLOGY SELECTION

Non-Final OA §103
Filed
May 20, 2024
Examiner
TRAN, MONG THUY THI
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Boost Subscriber Co. L L C
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
667 granted / 771 resolved
+24.5% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
14 currently pending
Career history
782
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
60.6%
+20.6% vs TC avg
§102
12.0%
-28.0% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 771 resolved cases

Office Action

§103
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 . DETAILED ACTION This Office Action is in response to the Applicant's communication filed on 05/20/2024. In virtue of this communication, claims 1 – 20 are currently pending in the instant application. Claim Rejections - 35 USC § 103 2. 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 of this title, 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. 3. Claims 1 – 2, 5 – 7, 9 – 10, 13 – 14, and 16 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bhowmik et al. (hereinafter “Bhowmik”) (Pub # US 2023/0118064 A1) in view of Yang et al. (hereinafter “Yang”) (Pub # US 2017/0201923 A1). Regarding claims 1 and 13, Bhowmik discloses a system/ method for switching between Radio Access Technologies (RATs) (see FIG. 5, FIG.11, FIG. 14B, ), comprising: a mobile device (see UE 500 in FIG. 5), comprising: one or more processors (see 530 in FIG. 5); a first wireless interface; and a second wireless interface, wherein the first wireless interface and the second wireless interface are in communication with the one or more processors (see [0086] and see FIG. 14A, FIG. 14B for the UE in communication with LTE (i.e., connected to the EPC (506) through the eNB (508) in 4G) and NR (i.e., an NGC (512) through gNB in 5G), thus there are first (5G NR) and second (LTE) interfaces), wherein the one or more processors are configured to: performing measurements on signals (see [0011], [0085], [0086], [0159] for after receiving the RRC reconfiguration request with the event B1 and B2, (i.e., signal quality in a different radio access technology for inter-RAT mobility), the UE measures the NR cell) from a first cellular base station (see FIG. 14B for NR cell2), by a mobile device that is actively communicating with a second cellular base station (see FIG. 14B for UE in active IMS call on LTE, i.e., connected to the EPC (506) through the eNB (508) in 4G), wherein: the first cellular base station uses a different RAT (NR, 5G) than the second cellular base station (LTE) (see [0011], FIG. 14B for UE in a voice over long term evolution (VoLTE) call, then detecting that a 5G network entity has configured an inter radio access technology (I-RAT) measurement indicating a change from the 4G network to a 5G network based on identification of the 5G network, thus different RATs); the mobile device is compatible with RATs of both the first cellular base station and the second cellular base station (see FIG. 14B); sending, by the mobile device, the measurements for the first cellular base station to the second cellular base station (see abstract, [0011], [0161] – [0163] for the UE sends the measurement report for event B1 of the NRcell2 to the EPC when the UE and the 5G network support the VoNR call); sending, by the second cellular base station, a handover command to the mobile device responsive to the measurements causing the mobile device to scan for the first cellular base station (see 708b, 710b, 712 in FIG. 7, [0123] for the EPC sends a handover to NR command to the UE after receives the measurement report for event B1 on NR); and connecting to the first cellular base station based on receiving the handover command (see 718, 720 in FIG. 7, FIG. 14B, [0124] – [0126], where Bhowmik is discussing once the active VoLTE call at the UE is disconnected, the UE responds to the handover command to handover to NR cell2, therefore ensure uninterrupted voice service even when the UE is moving from the 4G network area to the 5G network area). Bhowmik is discussing after the UE receives the handover command and once the active VoLTE call at the UE is disconnected, the UE responds to the handover command to handover to NR cell2, thus it is obviously that the handover command including disconnected the VoLTE call in order to handover the call to NR such that avoid uninterrupted voice service (see 718, 720 in FIG. 7, FIG. 14B, [0124] – [0126), and see [0067] is discussing RRC configuration request comprises B1 and B2 event for releasing radio bearers in order to perform handover. Thus, Bhowmik obviously teaches a release command and the UE connects to the NR based on the release command. Bhowmik does not disclose specifically that the UE performing measurements for a time period, reports after the time period, and connection to the base station supports handover. In an analogous art, Yang discloses that the UE performing measurements for a time period, reports after the time period, and connection to the base station supports handover (see Yang, [0054] – [0057] for the measurement occurs when the UE is on a first RAT (e.g., LTE) with a short duration measurement gap (e.g., 6 ms) every predefined period (e.g., 40 ms or 80 ms), the searches and measurements include inter-radio access technology (IRAT) searches and measurements, and the UE sends a measurement report (e.g., B1 measurement report) to the serving RAT after time period expired, see [0042], [0049], [0068], [0100] for the UE performs power scan involving IRAT measurements include measurements of frequencies of a different RAT such as 5G, and see [0097] for the UE receives from the LTE base station a connection release message, which included a set of frequencies of RAT-2 (i.e., 5G) for the UE to select (i.e., after power scan) as a target cell to connect after handover, see [0046] for ongoing communication on the UE is handed over from different RAT based on measurements performed on the different RAT). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made, to modify the invention of Bhowmik, and have the UE performing measurements for a time period, reports after the time period, and connection to the base station supports handover, as taught by Yang, thereby providing the release command in order to handover communication to other RAT in the communication network such that ensuring voice service continuity with high throughput and low latency, as discussed by Yang (see Yang, [0046], [0100]). Regarding claims 2 and 14, Bhowmik in view of Yang disclose wherein: the RAT of the first cellular base station is 5G New Radio (NR) and the RAT of the second cellular base station is 4G Long Term Evolution (LTE); and the first wireless interface uses 5G NR RAT and the second wireless interface uses 4G LTE RAT (see Bhowmik, [0086] and see FIG. 14A, FIG. 14B for the UE in communication with LTE (i.e., connected to the EPC (506) through the eNB (508) in 4G) and NR (i.e., an NGC (512) through gNB in 5G), thus there are first (5G NR) and second (LTE) interfaces). Regarding claims 5 and 16, Bhowmik in view of Yang disclose wherein the release command comprises a redirection message that redirects the mobile device to the first cellular base station (see Yang, [0068] for UE receives a first RAT release message (e.g., long term evolution (LTE) radio resource control (RRC) release message) with a redirection command, and see abstract for the UE selects one of the current neighbor cells in other RAT to redirect the UE based on the previously recorded type of redirection result). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made in order to handover communication to other RAT in the communication network such that ensuring voice service continuity with high throughput and low latency, as discussed by Yang (see Yang, [0046], [0100]). Regarding claim 6, Bhowmik in view of Yang disclose wherein the mobile device connects to the first cellular base station for data services (see Bhowmik, FIG. 14B, [0052] for handover to VoNR support cell2, which support voice over packet switched (PS) session). Regarding claims 7 and 17, Bhowmik in view of Yang disclose wherein the measurements comprise reference signal received power (RSRP) measurements, signal to interference plus noise ratio (SINR) measurements, or both (see Bhowmik, [0011], [0086], [0159] for after receiving the RRC reconfiguration request with the event B1 and B2, (i.e., signal quality in a different radio access technology for inter-RAT mobility), the UE measures the NR cell, and see Yang, [0104] for signal quality cover RSRP, SINR). Regarding claim 9, Bhowmik in view of Yang disclose wherein a cellular network of the first cellular base station is prioritized for use by the mobile device over a second cellular network of the second cellular base station (see Bhowmik, FIG. 14B for handover to NR cell2, and see Yang, [0042] for reselection rules are dependent upon defined RAT priorities, and 5G typically higher priority than 4G). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made in order to handover communication to other priority RAT in the communication network such that ensuring voice service continuity with high throughput and low latency, as discussed by Yang (see Yang, [0046], [0100]). Regarding claim 10, Bhowmik in view of Yang disclose the mobile device connects to the first cellular base station responsive to determining that a SINR detected by the mobile device for the first cellular base station is greater than a predefined value (see Yang, [0045], [0048], [0056], [0057], [0104] for connect to neighbor cell if neighbor cell signal strength better than an absolute threshold). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made in order to handover communication to other RAT in the communication network such that ensuring voice service continuity with high throughput and low latency, as discussed by Yang (see Yang, [0046], [0100]). Allowable Subject Matter Claims 3, 4, 8, 11, and 12 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 because the Bhowmik in view of Yang do not disclose these limitations, and other prior art could teach these limitations however do not teach the concept of claim 1 which these claims 3, 4, 8, 11, and 12 depend from. Claims 15 and 18 – 20 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 because the Bhowmik in view of Yang do not disclose these limitations, and other prior art could teach these limitations however do not teach the concept of claim 13 which these claims 15 and 18 – 20 depend from. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is 2024/0056944 (Lo et al.) which discloses a multi-mode UE device that employs multiple RATs include a 3GPP 5G NR RAT and a 3GPP LTE RAT, the UE actively selecting a second RAN of the mobile network over the first RAN, the second RAN implementing a different radio access technology than the first RAN. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONG-THUY THI TRAN whose telephone number is (571)270-3199. The examiner can normally be reached Monday-Friday: 9AM - 6PM (IFP). 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, ANTHONY ADDY can be reached at (571)272-7795. 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. /MONG-THUY T TRAN/ Primary Examiner, Art Unit 2645
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Prosecution Timeline

May 20, 2024
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+13.8%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 771 resolved cases by this examiner. Grant probability derived from career allowance rate.

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