Prosecution Insights
Last updated: October 01, 2026
Application No. 18/669,126

AUTOMATION OF RADIO UNIT TASKS ASSOCIATED WITH A CELL SITE

Final Rejection §103
Filed
May 20, 2024
Examiner
PATEL, JAY P
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Dish Wireless LLC
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
801 granted / 946 resolved
+26.7% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
970
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
32.1%
-7.9% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 946 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 . 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashemi et al. (US Publication 2022/0159489 A1) further in view of Mehrotra et al. (US Publication 2022/0100851 A1). In regards to claims 1, 8 and 15 Hashemi et al. (US Publication 2022/0159489 A1) teaches, 1. A method for interacting with one or more radio units (RUs) (see paragraph 51 and figure 2; An iRRU vProbe microservice 200) associated with one or more cell sites (see figure 3 and paragraph 58; A wireless LTE/5G modem 304 can be added to the RRU, which will provide OTA connectivity to the network operator (e.g., UE 318) over a VPN connection to OAM network 316, which converts the RRU to an iRRU 302; see paragraph 34; A wireless LTE/5G modem can be added on the iRRU, which can provide over the air connectivity to the network operator over a virtual private network (VPN) connection to the OAM network. It is assumed the RRU has a power connection and can provide power to the wireless modem), the method, comprising: establishing, by one or more processors, a connection between an RU automation component and an RU at a cell site (see paragraph 33; The wireless modem connection can allow the operator network management to receive the fault events, collect diagnostic data, and/or perform corrective action on the RRU); obtaining, by the one or more processors, RU data associated with the RU; wherein the RU data includes data that identifies one or more RU configuration settings (see paragraph 51; A configurable time interval is decided (e.g., every 5 min) and a periodic test frame is sent for each type of 5G use case and shorthaul (RRU to DU/BBU) latency is calculated); determining, by the one or more processors, to perform one or more RU operations associated with the RU; and causing, by the one or more processors, the one or more operations to execute (see paragraph 51; An iRRU vProbe microservice 200 can monitor the health status of an eCPRI port/link and collect health status and performance data via a self-monitoring component 202 that monitors performance of the iRRU. The iRRU vProbe microservice 200 self-monitoring component 202 can also monitor the traffic on the active iRRU carriers and collect health status and performance (e.g., key performance indicators, and latency)). In regards to the claims 1, 8 and 15, Hashemi fails to teach, the RU automation component being remote from a cell site and connecting to plurality of RUs. Mehrotra et al. (US Publication 2022/0100851 A1) teaches the RU aumotmation component being remote from a cell site and connecting to plurality of Rus the RU aumotmation component being remote from a cell site and connecting to plurality of RUs (see figure 1 and paragraph 39; the industrial control module 22 is used to control industrial automation components; see paragraph 28; each of the industrial automation components may be capable of connecting to an industrial automation network that may facilitate communication between the connected industrial automation components and one or more remote systems or devices (e.g., an industrial component management system or devices communicatively coupled to the industrial component management system). Hashemi and Mehrotra are related remote radio units and moreover, Mehrotra suggest controlling remotely over 5G network (see paragraph 96). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the present application to incorporate the use of control system as taught by Mehrotra into the teachings of Hashemi. The motivation to do so would be to allow for effective servicing of critical equipment or components remotely. In regards to claims 2, 9 and 16 Hashemi teaches, wherein the one or more RU operations include determining an IP address of the RU, determining a MAC address of the RU, and performing one or more health checks of the RU (see paragraph 51; An iRRU vProbe microservice 200 can monitor the health status of an eCPRI port/link and collect health status and performance data via a self-monitoring component 202 that monitors performance of the iRRU. The iRRU vProbe microservice 200 self-monitoring component 202 can also monitor the traffic on the active iRRU carriers and collect health status and performance (e.g., key performance indicators, and latency)). In regards to claims 3, 10 and 17 Hashemi teaches, wherein the one or more RU operations comprise one or more of software update operations, firmware changing operations, BIOS changing operations, inventory verification operations, or health check operations (see paragraph 51; An iRRU vProbe microservice 200 can monitor the health status of an eCPRI port/link and collect health status and performance data via a self-monitoring component 202 that monitors performance of the iRRU. The iRRU vProbe microservice 200 self-monitoring component 202 can also monitor the traffic on the active iRRU carriers and collect health status and performance (e.g., key performance indicators, and latency)). In regards to claims 4, 11 and 18 Hashemi teaches: accessing, via the one or more processors, validation data associated with the execution of the one or more RU operations (see figure 5 step 500 and paragraph 63; At block 500, a self-diagnostic procedure can be performed (via the self-diagnostic component 204) to calculate a latency associated with the iRRU 302. It should be noted that the self-diagnostic procedure can be performed in response to receiving data from the self-monitoring component 202, or it can be performed at specific time intervals); determining, via the one or more processors and based on the validation data, an occurrence of an error (see figure 5, step 502-504 and paragraph 63;. If the latency is less than a defined threshold value, then the flow diagram can proceed back to the block 500 to recursively check for latency that is greater than the defined threshold value. Once the latency is determined to be above the defined threshold value, the iRRU vProbe microservice 200 can initiate a self-healing procedure); determining, via the one or more processors, that the error is resolved and causing the one or more RU operations to resume execution (see paragraph 63 and figure 5 step 510; if the threshold number of commands is 2, and the number of self-healing procedures is equal to or less than 2, then the flow diagram can proceed to block 510 where the iRRU vProbe microservice 200 can perform software repair processing before proceeding back to block 500; thus this reads on the error is resolved). In regards to claims 5, 12 and 19 Hashemi teaches, further comprising causing a validation app to perform a validation, wherein the validation is one or more of a pre-check validation of the one or more RU operations that validates a data readiness before performing the one or more RU operations (see steps 608 in figure 6, step 708 in figure 7 and step 808 in figure 8; the facilitating performing a diagnostic procedure; see applications 906 in figure 9 and 1032 in figure 5), or a post-check validation that validates a successful completion of the one or more RU operations. In regards to claims 6, 13 and 20 Hashemi teaches, receiving a selection of the RU and at least one of the one or more RU operations from one or more user interface elements associated with a graphical user interface (see paragraph 75; The handset 900 includes a display 912 for displaying text, images, video, telephony functions (e.g., a Caller ID function), setup functions, and for user input. For example, the display 912 can also be referred to as a “screen” that can accommodate the presentation of multimedia content (e.g., music metadata, messages, wallpaper, graphics, etc.). The display 912 can also display videos and can facilitate the generation, editing and sharing of video quote; see paragraph 96; A user can enter commands and information into the computer 1002 through one or more wired/wireless input devices, e.g., a keyboard 1038, a touch screen 1040, and a pointing device, such as a mouse 1042; see paragraph 97; A monitor 1046 or other type of display device can be also connected to the system bus 1008 via an interface, such as a video adapter 1048). In regards to claims 7 and 14 Hashemi teaches, executing one or more workflows to perform the one or more RU operations (see figures 5, 6, 7 and 8 for the processes and workflows), wherein the execution of the one or more workflows is orchestrated by a workflow engine that executes in a network separate from the RU (see paragraph 98; The computer 1002 can operate in a networked environment using logical connections via wired and/or wireless communications to one or more remote computers, such as a remote computer(s) 1050. The remote computer(s) 1050 can be a workstation, a server computer, a router, a personal computer, portable computer, microprocessor-based entertainment appliance, a peer device or other common network node, and typically includes many or all of the elements described relative to the computer 1002, although, for purposes of brevity, only a memory/storage device 1052 is illustrated. The logical connections depicted include wired/wireless connectivity to a local area network (LAN) 1054 and/or larger networks, e.g., a wide area network (WAN) 1056. Such LAN and WAN networking environments are commonplace in offices and companies, and facilitate enterprise-wide computer networks, such as intranets, all of which can connect to a global communications network, e.g., the Internet). Response to Arguments Applicant’s arguments with respect to the amended claim language 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 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 JAY P PATEL whose telephone number is (571)272-3086. The examiner can normally be reached M-F 9:30-6. 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, Faruk Hamza can be reached at 571-272-8786. 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. /JAY P PATEL/Primary Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

May 20, 2024
Application Filed
May 08, 2026
Non-Final Rejection mailed — §103
Jul 30, 2026
Interview Requested
Aug 06, 2026
Applicant Interview (Telephonic)
Aug 06, 2026
Examiner Interview Summary
Aug 10, 2026
Response Filed
Sep 22, 2026
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

3-4
Expected OA Rounds
85%
Grant Probability
90%
With Interview (+5.4%)
2y 8m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 946 resolved cases by this examiner. Grant probability derived from career allowance rate.

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