Prosecution Insights
Last updated: April 19, 2026
Application No. 18/694,813

CONTROL APPARATUS, COMMUNICATION SYSTEM, CONTROL METHOD AND PROGRAM

Non-Final OA §102
Filed
Mar 22, 2024
Examiner
PHAN, HANH
Art Unit
2634
Tech Center
2600 — Communications
Assignee
NTT, Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
1015 granted / 1145 resolved
+26.6% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
8 currently pending
Career history
1153
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
40.6%
+0.6% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1145 resolved cases

Office Action

§102
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 Objections Claims 3 and 6 are objected to because of the following informalities: In Claim 3, line 1, the phrase “the average throughput of the terminals” should be changed to -- an average throughput of the terminals --. In Claim 6, line 10, the phrase “the system per se and a terminal” should be changed to -- the communication system and a terminal --. Appropriate correction is required. Claim Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hisano et al (Pub. No.: US 2019/0372698). Regarding claims 1, 6 and 7, referring to Figures 1-2, Hisano et al teaches a control device (i.e., OLT 100, Figures 1-2) comprising: a processor (i.e., a CPU, Figures 1-2, page 3, paragraphs [0033]-[0034], and page 6, paragraph [0071]); and a storage medium (i.e., memory, Figures 1-2, page 3, paragraphs [0033]-[0034]) having computer program instructions stored thereon, wherein the computer program instruction, when executed by the processor, perform processing of: acquiring (i.e., control signal receiving unit 106 and traffic monitoring unit 107, Figures 1-2), at a predetermined cycle, cooperation information, which is information indicating a communication state between a communication system (i.e., PON system 200, Figure 1) that includes a wireless station (i.e., ONU 7-1, ONU 7-2, ONU 7-3, Figure 1) including an antenna (i.e., antenna 2-1, 2-2 and 2-3, Figure 1) and an allocation device (i.e., wavelength allocation unit 105 and OSU 103, Figures 1-2) that allocates a wavelength, and a terminal (i.e., terminal 1, Figure 1) to be communicated (i.e., Figures 1-2, page 3, paragraphs [0038] and [0040], page 4, paragraphs [0041]-[0043]) ; analyzing (i.e., wavelength allocation calculation unit 111, Figures 1-2) the communication state in the communication system on the basis of the cooperation information (i.e., page 4, paragraphs [0041]-[0048]); and controlling (i.e., wavelength switching instruction signal generation unit 112 and control signal transmission unit 113, Figures 1-2) execution of wavelength allocation by the allocation device on the basis of an analysis result of the analyzing (i.e., page 4, paragraphs [0046]-[0048]). Regarding claim 8, Hisano et al further teaches a non-transitory computer readable medium which stores a program for causing a computer to function as the control device (i.e., Figures 1-2, page 3, paragraphs [0033]-[0034]). Allowable Subject Matter Claims 2-5 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 and overcome the objection above. Conclusion 6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Guey et al (US Patent No. 8,649,341) discloses joint management of radio and transport resources. 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hanh Phan whose telephone number is (571)272-3035. If attempts to reach the examiner by telephone are unsuccessful the examiner's supervisor, Kenneth Vanderpuye, can be reached on (571)272-3078. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)305-4700. /HANH PHAN/Primary Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

Mar 22, 2024
Application Filed
Feb 07, 2026
Non-Final Rejection — §102 (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
89%
Grant Probability
95%
With Interview (+6.7%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1145 resolved cases by this examiner. Grant probability derived from career allow rate.

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