Prosecution Insights
Last updated: April 19, 2026
Application No. 18/688,994

COMMUNICATION SYSTEM, COMMUNICATION METHOD, COMMUNICATION DEVICE, COMMUNICATION PROGRAM

Non-Final OA §103§112
Filed
Mar 04, 2024
Examiner
SOHRAB, MALICK ARIF
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
155 granted / 176 resolved
+30.1% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
207
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
61.0%
+21.0% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 176 resolved cases

Office Action

§103 §112
DETAILED ACTION 1. This office action is a response to the Application/Control Number: 18/688,994 filed on 03/04/2024. Claims Status 2. This office action is based upon claims received on 03/04/2024 (marked First Preliminary Amendment), which replace all prior or other submitted versions of the claims. -Claim 6 is cancelled. -Claims 1-5, 7, 8 are pending. -Claims 1-5, 7, 8 are rejected. Notice of Pre-AIA or AIA Status 3. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 4. Acknowledgment is made of a 371 of PCT/JP2021/033459, filed 09/13/2021. Information Disclosure Statement 5. The information disclosure statement (IDS) submitted on 03/04/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections 6. Claims 1, 5, 7, 8 are objected to because of the following informalities: A. Claims 1, 5 both appear to lack recitation of typical transitional phrases such as “comprising”, “consisting essentially of” or “consisting of”. While use of “in which” subsequent to “A communication system” such as in claim 1, and furthermore “that” subsequent to “A communication device” in claim 5, appear to hint at possible indications of transitions, questions may be raised as to what applicant’s objective is for what comprises a preamble, a transitional phrase, and further defining claim elements. Examiner interprets the subject claims listed as best possible. Applicant is requested to review and address questions raised and verify applicant’s objective for the referred to claim language. B. Regarding Claim 1, Claim 5, Claim 8 – Using claim 1 as an example representative of Claim 5 - Claim 1 recites terms “the window size” with an article “the” preceding “window size” after a number of preceding recitations of “window size” including such as, in recitation “an allocated window size”, and recitation “a window size before handover”, where the office action presents that significant questions could be raised as to where recitation of the terms “the window size” finds antecedence, i.e. whether any of recitations of “window size” such as in recitation “an allocated window size”, or recitation “a window size before handover” separately provide antecedence for “the window size”. Furthermore Claim 1, claim 5, and claim 8 all recite “the saved window size” with an article “the” preceding “save window size” for a first time without prior introduction or provision of a reference antecedence for “saved window size”. To avoid questions raised about antecedence, this office action interprets “the saved window size” as finding possible antecedence in “saves a window size”, with “the saved window size” possibly intended as “the” “window size” “saved”. Examiner interprets the subject claims listed as best possible. Applicant is requested to appropriately address and verify as applicable to reflect applicant’s intent and objective for the claim language noted. C. Regarding Claim 7. The claim recites “A non-transitory computer-readable medium having computer-executable instructions that, upon execution of the instructions by a processor of a computer, cause the computer to function as . For clarity and consistency, the office action suggests applicant to incorporate specific steps and processes recited in claim 5, into claim 7. Claim Rejections - 35 USC § 112 7. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 8. Claims 1, 2-4, 5, 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. A. Claim 1 is directed to “A communication system” with “a communication terminal” but lacks a structural component or structural components to perform functions of “communicates with an arbitrary communication device according to an allocated window size” and “the communication terminal performs the handover”, and “determines window size after the handover based on the saved window size”, as recited in the claim, rendering the claim scope unclear and indefinite. Furthermore the claim language is written in narrative form. To overcome the rejection, it is suggested that applicant review the specification to identify the appropriate structure performing the recited function(s), and to amend the claim to include the appropriate structure designated to perform the recited function(s), and present the amended claim language avoiding 112(a)-written description issues. B. Claim 5 is directed to “A communication device that functions as a communication terminal” but lacks a structural component or structural components to perform functions of “communicates with an arbitrary communication device”, “saves a window size before handover or a window size determined based on the window size when the handover is performed, after the handover, notifies the communication device of the saved window size, and uses a window size before the handover to establish a connection with the communication device” as recited in the claim, rendering the claim scope unclear and indefinite. Furthermore the claim language is written in narrative form. To overcome the rejection, it is suggested that applicant review the specification to identify the appropriate structure performing the recited function(s), and to amend the claim to include the appropriate structure designated to perform the recited function(s), and present the amended claim language avoiding 112(a)-written description issues. C. Claim 5 recites terms “the communication device” with an article “the” preceding “communication device” after a number of preceding recitations of “communication device” including such as in recitation “A communication device that functions”, and recitation “an arbitrary communication device”, where the office action presents a lack of clear antecedent basis as to where recitation of the terms “the communication device” subsequently recited, find antecedence, i.e. whether any of recitations of “communication device” in such as “A communication device that functions”, or “an arbitrary communication device”, individually provide antecedence for “the communication device” . Furthermore, for example in recitation “wherein the communication device saves a window size before handover or a window size determined based on the window size when the handover is performed, after the handover, notifies the communication device of the saved window size”, there is lack of clear antecedent basis as to whether “the communication device” in recitation “wherein the communication device saves a window size”, and subsequently “the communication device” in recitation “after the handover, notifies the communication device” refer back to “A communication device”, in which case this indicates that “the communication device” notifies itself in recitation “after the handover, notifies the communication device”, or alternately “the communication device” in recitation “after the handover, notifies the communication device” is intended to refer back to “an arbitrary communication device”, in which case “the communication device” of the “arbitrary communication device” receives the notification as in “after the handover, notifies” i.e. the “arbitrary communication device”, as received from “the communication device” referencing “A communication device”. Examiner interprets the subject claims listed as best possible. Applicant is requested and required to appropriately address and clarify applicant’s objective for the claim limitations referenced as applicable. D. Regarding Claims 2-4, which depend from independent claim 1, and claim 7 (see claim objections) which appears intended to possibly to depend from claim 5, these claims (i.e. claims 2-4, and claim 7) are further rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph at least via dependency to the respective independent claims. Examiner interprets the subject claims listed as best possible. Applicant is requested and required to appropriately address and clarify as applicable. Claim Rejections - 35 USC § 103 9. 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. 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 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. 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. 10. Claims 1, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Vinayakray-Jani et al. (US 20090168720 A1) i.e. “Vinayakray-Jani”, in view of Kobayashi (US 20110007713 A1) i.e. “Kobayashi”. Regarding Claim Vinayakray-Jani teaches: A communication system (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0064 […] mobile communications device hands over from a WLAN system to a GPRS (General Packet Radio Service) will be described with reference to FIG. 4 and FIG. 5[…] FIG. 5 shows a flow diagram of a method; NOTE-DISCLOSURE & TEACHING: Per ¶0064 i.e. mobile communications device hands over from a WLAN system to a GPRS (General Packet Radio Service) reads on: A communication system ) in which a communication terminal communicates with an arbitrary communication device according to an allocated window size (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0064 […] the mobile node MN1 is one end of the TCP connection and the correspondent node CN is at the other end of the TCP connection. The CN 70 can be any suitable entity such as for example, another mobile node or a server ;¶0066 […] S2 the MN determines and disseminates the window size to a peer or CN 70; ¶0067 […] MN has a previously estimated value of GPRS bandwidth delay product. Using this cached information MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0; ¶0068 […] step S3, upon receiving the window advertisement for future flows at t.sub.a1, the CN limits its data transmission rate as per the new received window size […] ; NOTE-DISCLOSURE & TEACHING: per ¶0064 i.e. the mobile node MN1 reads on: in which a communication terminal , per ¶0064 i.e. is one end of the TCP connection and i.e. the correspondent node CN is at the other end of the TCP connection. i.e. The CN 70 can be any suitable entity such as for example, another mobile node or a server reads on: communicates with an arbitrary communication device . Furthermore per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70, and ¶0067 […] MN has a previously estimated value of GPRS bandwidth delay product. Using this cached information MN selects the value for the receive window size and i.e. advertises to the CN 70 in a TCP acknowledgement (ACK) packet and furthermore per ¶0068 i.e. ¶0068 […] step S3, upon receiving the window advertisement for future flows at t.sub.a1 reads on: according to an allocated window size ), wherein the communication system saves a window size before handover (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0063 For handover, the MN, that is the mobile communications device, advertises the appropriate TCP receive window size to its Corresponding Node (CN), while preparing itself for inter-system handover; ¶0064 See Above ;¶0066 See above; ¶0067 See above; ¶0068 See above ; NOTE-DISCLOSURE & TEACHING: per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70 reads on: wherein the communication system saves a window size i.e. the system comprising the i.e. MN in determining therefore also saves a window size. Furthermore per ¶0063 i.e. For handover, the MN, that is the mobile communications device, advertises the appropriate TCP receive window size to its Corresponding Node (CN), i.e. while preparing itself for inter-system handover and i.e. per ¶0067 MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0 which is before i.e. Subsequently MN delays the registration process of received new location for a period of .delta. and sends the registration request at t.sub.r0 in S4 reads on: before handover i.e. the determining of the window size and advertising of the window size at t.sub.a0 is before handover procedures at t.sub.r0 in S4) or (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight) a window size determined based on the window size when the communication terminal performs the handover (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0063 See above; ¶0064 See Above ;¶0066 See above; ¶0067 See above; ¶0068 See above; NOTE-DISCLOSURE & TEACHING: per ¶0066 i.e. S2 the MN determines i.e. window size reads on: wherein the communication system saves a window size per ¶0066 i.e. and disseminates the window size to a peer or CN 70 reads on: determined based on the window size i.e. determines a window size and therefore saves the window size, and then disseminates the window size based on the window size the MN initially determines. Furthermore i.e. per ¶0067 MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0 which is before or precedes i.e. Subsequently MN delays the registration process of received new location for a period of .delta. and sends the registration request at t.sub.r0 in S4 i.e. in correlation to ¶0063 i.e. For handover, the MN, that is the mobile communications device, advertises the appropriate TCP receive window size to its Corresponding Node (CN), while preparing itself for inter-system handover reads on: when the communication terminal performs the handover i.e. the window size is determined in preparation for handover such as window size sent at t.sub.a0 which is before at t.sub.r0 for handover), and determines window size after the handover based on the saved window size (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0068 see above; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement reads on: and determines window size for future flows at t.sub.a1 reads on: after the handover , where i.e. step S3, upon receiving the window advertisement also reads on: based on the saved window size i.e. received and therefore saved by CN, and per ¶0066 prior determined in S2 and therefore saved by MN). While Vinayakray-Jani teaches: the communication system saves a window size before handover as noted herein above where per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70 i.e. MN in determining a window size therefore unavoidably also saves or retains the window size for the MN’s use and processing, assuming arguendo Vinayakray-Jani is not explicit about the process in the recitation saves, and i.e., Vinayakray-Jani does not appear to explicitly teach or strongly suggest (note: assuming arguendo i.e. see italicized portions): saves a window size; Kobayashi teaches: wherein communication system saves a window size before handover (Kobayashi – FIG. 5, FIG. 6, ¶0056 […] The window size table manages the initial value, the setting value in a predicted handover execution period, which shows the value set in the period inter-RAT handover is predicted to be executed, and the setting value before inter-RAT handover is executed, which shows the value of the congestion window size used until just before whether inter-RAT handover execution is predicted is decided […] ; ¶0064 […] When count time in window control timer 117 has expired, window control timer management section 116 respectively notifies congestion window control section 114 and advertised window control section 115 of the congestion window size and the advertised window size such that TCP protocol processing section 112 uses values set based on the setting values before executing handover for the congestion window size and the advertised window size; NOTE-DISCLOSURE & TEACHING: per ¶0064 i.e. TCP protocol processing section 112 i.e. uses values set based on the setting values reads on: wherein communication system saves such as i.e. in setting table per ¶0056. Furthermore per ¶0064 where the settings set pertain to i.e. the congestion window size and the advertised window size reads on: a window size , and where i.e. uses values set based on the setting values before executing handover reads on: before handover ); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Vinayakray-Jani with teachings of Kobayashi, since Kobayashi enables resetting the window size values to window size values before change by handover prediction, it is possible to stop reducing the amount of data transfer in a case where a vertical handover execution request is not received after vertical handover is predicted, so that it is possible to prevent communication from continuously executing in low throughput (Yi - ¶0064). Regarding Vinayakray-Jani teaches: A communication method executed by a system (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0064 […] mobile communications device hands over from a WLAN system to a GPRS (General Packet Radio Service) will be described with reference to FIG. 4 and FIG. 5[…] FIG. 5 shows a flow diagram of a method; NOTE-DISCLOSURE & TEACHING: Per ¶0064 i.e. mobile communications device hands over from a WLAN system to a GPRS (General Packet Radio Service) where i.e. FIG. 5 shows a flow diagram of a method reads on: A communication method executed by a system) (See the rejection of Claim 1, Claim 8 recites similar and parallel features to Claim 1, and the rationale for the rejection of Claim 1 applies similarly to Claim 8. Where applicable, minor differences between claims are noted as appropriate) in which a communication terminal communicates with an arbitrary communication device according to an allocated window size, the method comprising: saving a window size before handover or a window size determined based on the window size when the communication terminal performs the handover; and determining a window size after the handover based on the saved window size (See the rejection of Claim 1, Claim 8 recites similar and parallel features to Claim 1, and the rationale for the rejection of Claim 1 applies similarly to Claim 8. Where applicable, minor differences between claims are noted as appropriate). 11. Claims 2, 5, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Vinayakray-Jani et al. in view of Kobayashi , further in view of Zhang et al. (US 20050088972 A1) i.e. “Zhang”. Regarding Claim Vinayakray-Jani in view of Kobayashi teaches: The communication system according to claim 1, furthermore Vinayakray-Jani teaches: wherein the communication terminal saves a window size before the handover (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0063 See claim 1; ¶0064 See claim 1;¶0066 See claim 1; ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70 reads on: wherein the communication system saves a window size i.e. the system comprising the i.e. MN in determining therefore also saves a window size. Furthermore per ¶0063 i.e. For handover, the MN, that is the mobile communications device, advertises the appropriate TCP receive window size to its Corresponding Node (CN), i.e. while preparing itself for inter-system handover and i.e. per ¶0067 MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0 which is before i.e. Subsequently MN delays the registration process of received new location for a period of .delta. and sends the registration request at t.sub.r0 in S4 reads on: before handover i.e. the determining of the window size and advertising of the window size at t.sub.a0 is before handover procedures at t.sub.r0 in S4) or (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight) a window size determined based on the window size (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0063 See claim 1; ¶0064 See claim 1;¶0066 See claim 1; ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: per ¶0066 i.e. S2 the MN determines i.e. window size reads on: wherein the communication system saves a window size per ¶0066 i.e. and disseminates the window size to a peer or CN 70 reads on: determined based on the window size i.e. determines a window size and therefore saves the window size, and then disseminates the window size based on the window size the MN initially determines ), and notifies the communication device of a saved window size, and the communication device establishes a connection with the communication terminal using the window size notification of which is provided from the communication terminal device (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement reads on: and notifies the communication device of a saved window size i.e. such as i.e. the window advertisement i.e. for future flows at t.sub.a1 reads on: and the communication device establishes a connection with the communication terminal, where per ¶0068 i.e. step S3, upon receiving the window advertisement S3 reads on: using the window size notification, which furthermore i.e. S2 the window size determined is disseminated to a peer or CN 70 and per ¶0068 i.e. step S3, upon receiving reads on: of which is provided from the communication terminal device ). Vinayakray-Jani in view of Kobayashi does not appear to explicitly teach or strongly suggest (note: i.e. italicized portions): notifies after the handover; Zhang teaches: notifies the communication device of a saved window size after the handover (Zhang FIG. 2 & FIG. 3, ¶0046 […] FIGF. 3 […] a signaling diagram indicating the transmission of packets A to G between a TCP sender and a TCP receiver, which in the present case is the mobile node 1. It is noted that the vertical axis corresponds to the time axis. According to FIG. 3, the packets A to D and the acknowledgements ACK A to ACK C are routed through the first access network 10 with the high bandwidth. Then, after the handover operation, the packets E to G and the acknowledgements ACK D to ACK F are routed through the second access network 20 with the lower bandwidth […] when the packet E is received at the mobile node 1, the mobile node 1 changes the window size awnd of the advertised window based on the transmission conditions in the second access network 20 and sets the changed window size awnd in a corresponding information field in the acknowledgement message ACK E to be transmitted to the TCP sender. This point in time is indicated by "A" in the diagram of FIG. 3; NOTE-DISCLOSURE & TEACHING: per ¶0046 i.e. the mobile node 1 changes the window size awnd of the advertised window based on the transmission conditions in the second access network 20 and sets the changed window size awnd in a corresponding information field in the acknowledgement message ACK E to be transmitted to the TCP sender. This point in time is indicated by "A" reads on: notifies the communication device of a saved window size i.e. the communication device can apply to the TCP sender or the MN since both i.e. the TCP sender received the window size in receiving notification, or the MN i.e. when the packet E is received at the mobile node 1, the mobile node 1 changes the window size awnd, i.e. MN within the device itself receives notification of the window size changed. Furthermore per ¶0046 i.e. Then, after the handover operation, the packets E to G and the acknowledgements ACK D to ACK F are routed through the second access network 20 reads on: after the handover); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Vinayakray-Jani in view of Kobayashi with teachings of Zhang, since Zhang enables procedures where congestion window size is adjusted based on the determined transmission conditions of the second access network to a size close to the optimum size, and thus the adjustment process can be accelerated and packet loss can be prevented, as a result, transmission reliability and resource utilization is improved (Zhang - ¶0045; ¶0047 ). Regarding Claim Vinayakray-Jani teaches: A communication device that functions as a communication terminal (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0064 […] mobile communications device hands over from a WLAN system to a GPRS (General Packet Radio Service) will be described with reference to FIG. 4 and FIG. 5; NOTE-DISCLOSURE & TEACHING: Per ¶0064 i.e. mobile communications device reads on: that functions as a communication terminal per ¶0064 that i.e. hands over from a WLAN system to a GPRS (General Packet Radio Service)) that communicates with an arbitrary communication device according to an allocated window size (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0064 See claim 1 ;¶0066 See claim 1; ¶0068 See claim 1 ; NOTE-DISCLOSURE & TEACHING: per ¶0064 i.e. the mobile node MN1 reads on: in which a communication terminal , per ¶0064 i.e. is one end of the TCP connection and i.e. the correspondent node CN is at the other end of the TCP connection. i.e. The CN 70 can be any suitable entity such as for example, another mobile node or a server reads on: communicates with an arbitrary communication device . Furthermore per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70, and ¶0067 […] MN has a previously estimated value of GPRS bandwidth delay product. Using this cached information MN selects the value for the receive window size and i.e. advertises to the CN 70 in a TCP acknowledgement (ACK) packet and furthermore per ¶0068 i.e. ¶0068 […] step S3, upon receiving the window advertisement for future flows at t.sub.a1 reads on: according to an allocated window size ), wherein the communication device saves a window size before handover (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0063 See Claim 1; ¶0064 See Claim 1 ;¶0066 See Claim 1; ¶0067 See Claim 1; ¶0068 See Claim 1; NOTE-DISCLOSURE & TEACHING: per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70 reads on: wherein the communication device saves a window size i.e. MN in determining therefore also saves a window size. Furthermore per ¶0063 i.e. For handover, the MN, that is the mobile communications device, advertises the appropriate TCP receive window size to its Corresponding Node (CN), i.e. while preparing itself for inter-system handover and i.e. per ¶0067 MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0 which is before i.e. Subsequently MN delays the registration process of received new location for a period of .delta. and sends the registration request at t.sub.r0 in S4 reads on: before handover i.e. the determining of the window size and advertising of the window size at t.sub.a0 is before handover procedures at t.sub.r0 in S4) or (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight) a window size determined based on the window size when the handover is performed (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0063 See claim 1; ¶0064 See claim 1;¶0066 See claim 1; ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: per ¶0066 i.e. S2 the MN determines i.e. window size reads on: wherein the communication system saves a window size per ¶0066 i.e. and disseminates the window size to a peer or CN 70 reads on: determined based on the window size i.e. determines a window size and therefore saves the window size, and then disseminates the window size based on the window size the MN initially determines. Furthermore i.e. per ¶0067 MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0 which is before or precedes i.e. Subsequently MN delays the registration process of received new location for a period of .delta. and sends the registration request at t.sub.r0 in S4 i.e. in correlation to ¶0063 i.e. For handover, the MN, that is the mobile communications device, advertises the appropriate TCP receive window size to its Corresponding Node (CN), while preparing itself for inter-system handover reads on: when the communication terminal performs the handover i.e. the window size is determined in preparation for handover such as window size sent at t.sub.a0 which is before at t.sub.r0 for handover), notifies the communication device of the saved window size, and uses a window size before the handover to establish a connection with the communication device (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement reads on: notifies the communication device of the saved window size i.e. such as i.e. the window advertisement for future flows at t.sub.a1 reads on: and uses a window size before the handover i.e. S2 the window size determined is disseminated in S3 to CN which is i.e. the window size is determined in preparation for handover such as window size sent at t.sub.a0 which is before at t.sub.r0 for handover. Furthermore per ¶0068 i.e. the window advertisement i.e. for future flows at t.sub.a1 reads on: to establish a connection with the communication device i.e. flows communicating with the MN ). While Vinayakray-Jani teaches: the communication system saves a window size before handover as noted herein above where per ¶0066 i.e. S2 the MN determines and disseminates the window size to a peer or CN 70 i.e. MN in determining a window size therefore unavoidably also saves or retains the window size for the MN’s use and processing, assuming arguendo Vinayakray-Jani is not explicit about the process in the recitation saves, i.e., Vinayakray-Jani does not appear to explicitly teach or strongly suggest (note: assuming arguendo i.e. see italicized portions): saves a window size; Kobayashi teaches: wherein communication device saves a window size before handover (Kobayashi - – FIG. 5, FIG. 6, ¶0056 See claim1; ¶0064 See claim 1; NOTE-DISCLOSURE & TEACHING: per ¶0064 i.e. TCP protocol processing section 112 i.e. uses values set based on the setting values reads on: wherein the communication device saves, where the settings set pertain to i.e. the congestion window size and the advertised window size reads on: a window size , and where i.e. uses values set based on the setting values before executing handover reads on: before handover ); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Vinayakray-Jani with teachings of Kobayashi, since Kobayashi enables resetting the window size values to window size values before change by handover prediction, it is possible to stop reducing the amount of data transfer in a case where a vertical handover execution request is not received after vertical handover is predicted, so that it is possible to prevent communication from continuously executing in low throughput (Yi - ¶0064). While Vinayakray-Jani in view of Kobayashi teaches: A communication device that functions as a communication terminal that communicates with an arbitrary communication device according to an allocated window size, wherein the communication device saves a window size before handover or a window size determined based on the window size when the handover is performed, notifies the communication device of the saved window size, and uses a window size before the handover to establish a connection with the communication device, Vinayakray-Jani in view of Kobayashi does not appear to explicitly teach or strongly suggest (note: i.e. italicized portions): after the handover, notifies; Zhang teaches: after the handover, notifies the communication device of the saved window size (Zhang FIG. 2 & FIG. 3, ¶0046 See claim 2; NOTE-DISCLOSURE & TEACHING: per ¶0046 i.e. Then, after the handover operation, the packets E to G and the acknowledgements ACK D to ACK F are routed through the second access network 20 reads on: after the handover , where per ¶0046 i.e. the mobile node 1 changes the window size awnd of the advertised window based on the transmission conditions in the second access network 20 and sets the changed window size awnd in a corresponding information field in the acknowledgement message ACK E to be transmitted to the TCP sender. This point in time is indicated by "A" reads on: notifies the communication device of the saved window size i.e. the communication device can apply to the TCP sender or the MN since both i.e. the TCP sender received the window size in receiving notification, or the MN i.e. when the packet E is received at the mobile node 1, the mobile node 1 changes the window size awnd, i.e. MN within the device itself receives notification of the window size changed ); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Vinayakray-Jani in view of Kobayashi with teachings of Zhang, since Zhang enables procedures where congestion window size is adjusted based on the determined transmission conditions of the second access network to a size close to the optimum size, and thus the adjustment process can be accelerated and packet loss can be prevented, as a result, transmission reliability and resource utilization is improved (Zhang - ¶0045; ¶0047 ). Regarding Claim Vinayakray-Jani teaches: A non-transitory computer-readable medium having computer-executable instructions that, upon execution of the instructions by a processor of a computer, cause the computer to function as (Vinayakray-Jani – FIG. 2 ¶0044 […] a schematic partially sectioned view of a mobile communication device; ¶0046 […] A mobile communication device is typically provided with at least one data processing entity 3 and at least one memory 4 for use in tasks it is designed to perform. The data processing and storage entities can be provided on an appropriate circuit board and/or in chipsets. This feature is denoted by reference 6. Examples of data processing entity embodiments are processor, microcontroller, field-programmable gate array, application-specific integrated circuit; NOTE-DISCLOSURE & TEACHING: i.e. at least one memory 4 for use in tasks it is designed to perform reads on: A non-transitory computer-readable medium having computer-executable instructions , where i.e. one data processing entity 3 for use in tasks & in chipsets, data processing entity embodiments are processor, microcontroller, field-programmable gate array reads on: upon execution of the instructions by a processor of a computer, cause the computer to function as i.e. as also applicable to a computational device referenced in ¶0045) (See the rejection of Claim 5, Claim 7 recites similar and parallel features to Claim 5, and the rationale for the rejection of Claim 5 applies similarly to Claim 7. Where applicable, minor differences between claims are noted as appropriate) (See the rejection of Claim 5, Claim 7 recites similar and parallel features to Claim 5, and the rationale for the rejection of Claim 5 applies similarly to Claim 7. Where applicable, minor differences between claims are noted as appropriate). 12. Claims 3, 4 are rejected under 35 U.S.C. 103 as being unpatentable over Vinayakray-Jani et al. in view of Kobayashi , further in view of Cao (US 6876639 B1) i.e. “Cao”. Regarding Claim Vinayakray-Jani in view of Kobayashi teaches: The communication system according to claim 1, furthermore Vinayakray-Jani teaches: wherein the communication terminal gives a notice to the communication device before the handover (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement reads on: wherein the communication terminal gives a notice to the communication device before the handover i.e. such as i.e. the window advertisement i.e. for future flows at t.sub.a1 reads on: and the communication device establishes a connection with the communication terminal, where per ¶0068 i.e. step S3, upon receiving the window advertisement S3 reads on: using the window size notification, which i.e. per ¶0067 MN selects the value for the receive window size and advertises it to the CN 70 in a TCP acknowledgement (ACK) packet at t.sub.a0 which is before i.e. Subsequently MN delays the registration process of received new location for a period of .delta. and sends the registration request at t.sub.r0 in S4 reads on: before handover), and the communication device saves the window size before the handover when receiving the notice (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement for future flows at t.sub.a1 reads on: and the communication device saves the window size before the handover i.e. as received from MN at S3 reads on: when receiving the notice applied for i.e. future flows at t.sub.a1 ), and after the handover, the communication device establishes a connection with the communication terminal using the saved window size (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement for future flows at t.sub.a1 reads on: and after the handover , per ¶0068 i.e. flows at t.sub.a1 reads on: the communication device establishes a connection with the communication terminal, i.e. by applying the received window advertisement at S3 reads on: using the saved window size ). Vinayakray-Jani in view of Kobayashi does not appear to explicitly teach or strongly suggest (note: i.e. italicized portions): the communication terminal gives a disconnection notice to the communication device before the handover, and the communication device saves the window size before the handover when receiving the disconnection notice; Cao teaches: wherein the communication terminal gives a disconnection notice to the communication device before the handover, and the communication device saves the window size before the handover when receiving the disconnection notice (Cao FIG. 6 A Col 9 (ln 10-32) […] functionality of the TCP protocol stack 24 in the transmitting host will now be described with reference to FIG. 6A which deals with the processing of acknowledgement packets [….] the first thing which occurs of course is the receipt of an acknowledgement packet (step 6A-1). The packet is examined to determine whether the handoff indication (the TCPHN flag) indicates handoff (step 6A-2). In the event it does indicate handoff, the acknowledgement is processed (step 6A-5) […] On the other hand, if the TCP-H variable has not previously been set (No path, step 6A-6) then the local TCP-H variable is set to indicate handoff (step 6A-7). Furthermore, the congestion window is frozen (step 6A-8), data transmission is suspended (step 6A-9), and the fast re-transmit feature is suppressed (step 6A-10) […] This completes the necessary processing of acknowledgements indicating handoff; NOTE-DISCLOSURE & TEACHING: per Col 9 (ln 10-32) as applied to i.e. the transmitting host i.e. the receipt of an acknowledgement packet (step 6A-1). The packet is examined to determine whether the handoff indication (the TCPHN flag) indicates handoff (step 6A-2). In the event it does indicate handoff, the acknowledgement is processed (step 6A-5) […] On the other hand, if the TCP-H variable has not previously been set (No path, step 6A-6) then the local TCP-H variable is set to indicate handoff (step 6A-7) reads on: wherein the communication terminal gives a disconnection notice to the communication device before the handover i.e. when i.e. if the TCP-H variable has not previously been set (No path, step 6A-6) then the local TCP-H variable is set to indicate handoff i.e. notice from the Acknowledgement sender received at the transmitting host indicating hand off i.e. for the first time i.e. before handoff per Col 9 (ln 10-29) i.e. completes the necessary processing of acknowledgements indicating handoff . Furthermore i.e. the congestion window is frozen (step 6A-8) reads on: and the communication device saves the window size before the handover when receiving the disconnection notice i.e. a result of i.e. the local TCP-H variable is set to indicate handoff i.e. notice from the Acknowledgement sender received at the transmitting host indicating hand off i.e. for the first time); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Vinayakray-Jani in view of Kobayashi with teachings of Cao, since Cao enables a transfer control protocol handoff notification (TCPHN) mechanism for a wireless network by which transmitting transmission control protocol hosts can be notified in the event of a handoff, and the TCPHN mechanism allows hosts connected in TCP to avoid TCP timeouts and reduce any adverse effect on transmission performance (Cao – Col 5 (Ln 26-33) ). Regarding Claim Vinayakray-Jani in view of Kobayashi teaches: The communication system according to claim 1, furthermore Vinayakray-Jani teaches: wherein the communication device saves a window size for establishing a connection with the communication terminal (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement for future flows at t.sub.a1 reads on: wherein the communication device saves a window size i.e. as received from MN at S3 and i.e. applied to i.e. future flows at t.sub.a1 reads on: for establishing a connection with the communication terminal ), and when the connection with the communication terminal is resumed, establishes the connection with the communication terminal using the saved window size (Vinayakray-Jani - FIG. 4 & FIG. 5 & ¶0067 See claim 1; ¶0068 See claim 1; NOTE-DISCLOSURE & TEACHING: ¶0068 i.e. step S3, upon receiving the window advertisement for future flows at t.sub.a1 reads on: and when the connection with the communication terminal is resumed i.e. the window advertisement for future flows at t.sub.a1 reads on: establishes the connection with the communication terminal i.e. the window advertisement applied i.e. for future flows reads on: using the saved window ). Vinayakray-Jani in view of Kobayashi does not appear to explicitly teach or strongly suggest (note: i.e. italicized portions): the communication device saves a window size for establishing a connection with the communication terminal for a predetermined time after the connection with the communication terminal is disconnected and when the connection with the communication terminal is resumed at the predetermined time, establishes the connection; Cao teaches: the communication device saves a window size for establishing a connection with the communication terminal for a predetermined time after the connection with the communication terminal is disconnected and when the connection with the communication terminal is resumed at the predetermined time, establishes the connection (Cao FIG. 6 A Col 9 (10-32) see claim 3; Col 9 (ln 32-41) (No path, step 6A-2) in step 6A-3 a test is made to determine whether this is a change in the handoff indication. This can be done by checking the TCP-H variable. In the event this indicates handoff, the Yes Path of step 6A-3 is pursued. The first step is to change the TCP-H variable to indicate that there is no longer a handoff in progress (step 6A-11). Next, the TCP context is reset to the last acknowledged packet as specified in the acknowledgement packet received (step 6A-12). Finally, normal TCP transmission is resumed at step 6A-13; NOTE-DISCLOSURE & TEACHING: as applied to per Col 9 (10-32) i.e. the transmitting host when i.e. if the TCP-H variable has not previously been set (No path, step 6A-6) then the local TCP-H variable is set to indicate handoff i.e. notice from the Acknowledgement sender received at the transmitting host indicating hand off i.e. for the first time i.e. before handoff. Furthermore i.e. the congestion window is frozen (step 6A-8) reads on: the communication device saves a window size for establishing a connection with the communication terminal . Furthermore between a time point when, i.e. a result of i.e. the local TCP-H variable is set to indicate handoff when i.e. a notice from the Acknowledgement sender received at the transmitting host indicating hand off i.e. for the first time, and temporally later per Col 9 (32-41) when i.e. at FIG. 6 step 6A-2 Hand off indication? - NO path to 6A-3 i.e. the Yes Path of step 6A-3 is pursued. The first step is to change the TCP-H variable to indicate that there is no longer a handoff in progress (step 6A-11). Therefore: - i.e. time period determined by predetermined notice i.e. local TCP-H variable is set to indicate handoff to the time i.e. predetermined notice to i.e. change the TCP-H variable to indicate that there is no longer a handoff in progress reads on: for a predetermined time after the connection with the communication terminal is disconnected. Furthermore i.e. a predetermined notice per Col 9 (ln 32-41) predetermined notice to i.e. change the TCP-H variable to indicate that there is no longer a handoff in progress i.e. Next, the TCP context is reset to the last acknowledged packet as specified in the acknowledgement packet received (step 6A-12) reads on: and when the connection with the communication terminal is resumed at the predetermined time i.e. Finally, normal TCP transmission is resumed at step 6A-13 reads on: establishes the connection); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Vinayakray-Jani in view of Kobayashi with teachings of Cao, since Cao enables a transfer control protocol handoff notification (TCPHN) mechanism for a wireless network by which transmitting transmission control protocol hosts can be notified in the event of a handoff, and the TCPHN mechanism allows hosts connected in TCP to avoid TCP timeouts and reduce any adverse effect on transmission performance (Cao – Col 5 (Ln 26-33) ). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALICK A SOHRAB whose telephone number is (571)272-4347. The examiner can normally be reached on Mo-Fri 9:00 am - 5:00 pm. 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, Edan Orgad can be reached on (571) 272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.A.S./ Examiner, Art Unit 2414 02/05/2026 /EDAN ORGAD/Supervisory Patent Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Mar 04, 2024
Application Filed
Feb 06, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593368
METHOD AND APPARATUS FOR GENERATING MAC CE FOR BEAM FAILURE RECOVERY IN WIRELESS COMMUNICATION SYSTEM
2y 5m to grant Granted Mar 31, 2026
Patent 12592794
LOGICAL CHANNEL PRIORITIZATION IN UNLICENSED SPECTRUM
2y 5m to grant Granted Mar 31, 2026
Patent 12587296
Radio interference test setup and method
2y 5m to grant Granted Mar 24, 2026
Patent 12588008
METHOD AND DEVICE FOR TRANSMISSION CONFIGURATION INDICATOR-BASED CONTROL CHANNEL CANDIDATE MONITORING IN WIRELESS COMMUNICATION
2y 5m to grant Granted Mar 24, 2026
Patent 12587321
UE CONFIGURED FOR ENHANCED TYPE 3 HARQ-ACK CODEBOOK TRIGGERING BY DCI FORMAT
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+19.1%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 176 resolved cases by this examiner. Grant probability derived from career allow 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