Prosecution Insights
Last updated: October 01, 2026
Application No. 18/726,141

CONGESTION REDUCING METHOD PERFORMED BY A USER EQUIPMENT IN COMMUNICATION SYSTEMS

Non-Final OA §101§102§103
Filed
Jul 02, 2024
Priority
Jan 03, 2022 — DE 10 2022 200 001.3 +1 more
Examiner
SMITH, MARCUS
Art Unit
Tech Center
Assignee
Continental AG
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
440 granted / 568 resolved
+17.5% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
6 currently pending
Career history
575
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 568 resolved cases

Office Action

§101 §102 §103
CTNF 18/726,141 CTNF 82194 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-29-01 AIA Claim s 1-13 are objected to because of the following informalities: The method claims uses wherein as a transitional phrase. The examiner recommend uses the transitional phrase “comprising” to separate the preamble from the body of claim . Appropriate correction is required. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 8-13, 15, and 21-23 rejected under 35 U.S.C. 101 because the claimed invention is directed to mental process by organizing information and mapping information according a criteria without significantly more. The claim(s) recite(s) list of index, whereby every element in the list of index is associated with time and time being associated with a data volume threshold and/or an user equipment UE priority. This judicial exception is not integrated into a practical application because These additional elements merely identify the technological environment or field of use in which the abstract idea is applied the claim does not recite a specific technical mechanism by which the gNB uses the list of indexes, applies the segmented time values, controls a radio procedure, modifies network signaling, or otherwise effects a concrete technological improvement. Stated differently, the claim recites the informational relationships themselves, but does not recite any meaningful limitation that applies those relationships in a manner that improves the functioning of the base station or another technology. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of a base station (gNB) and a communication system do not integrate the abstract idea into a practical application because they merely provide a field of use and do not recite a specific technological improvement, particular machine implementation, or meaningful transformation. Nor do the claims recite significantly more than the abstract idea, as the additional elements are generic and conventional computer/network components performing ordinary functions. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 8-10 and 15 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Shah et al. (US 2020/0275477) . With regard to claim 8, Shah teaches: A method of reducing congestion performed by a base station (gNB) in a communication system (See figure 13), wherein a list of indexes (LoI) from the base-station (gNB) (paragraphs 141-145: [0141] In more detail, for the second embodiment a backoff tim e table (can also be termed backoff index table) i s used in the UE to allow implementation of the random access prioritization, the backoff time table associating different backoff time values with b oth a backoff index (which is received from the gNB) a nd corresponding prioritization criteria (or combination of prioritization criteria). In a similar manner as explained for embodiment 1, the prioritization of the random access procedure can be implemented based on several different criteria or any combination thereof, including the following: [0142] a random access event, triggering the transmission of a random access message, [0143] a user service currently used by the user equipment, optionally wherein the user service is one of a massive machine-type communication, mMTC, an enhanced mobile broadband, eMBB, and an ultra-reliable low-latency communication, URLLC, [0144] a contractual arrangement under which the user equipment is being operated by a user, such as respective quality of service requirements to be fulfilled, [0145] a subcarrier spacing defining the frequency distance between two contiguous subcarriers. , whereby every element of the list of indexes (LoI) is associated to specific time values, and the specific time values are segmented into different levels (see backoff time table in paragraphs 147-148), and the segmented specific time values are associated with a data volume threshold (DVT) and/or a user equipment UE priority (paragraphs 99 and 147-151: [0099] For example, a random access procedure triggered by certain random access events can be prioritized over a random access procedure triggered by other random access event(s). One example would be that RA event 1 (i.e., the initial access for a UE in RRC_IDLE state) could be prioritized lower than e.g., RA event 4 (i.e., downlink data arrival), by e.g., having a high (large) backoff parameter and/or a low transmit power. Similarly, RA event 2 (RRC Connection Re-establishment) could be also prioritized over RA event 1. For instance, all or only some of the RA events can be differentiated between one another for the RA prioritization. Another example is that random access events 6 and 7 could be prioritized higher irrespective of the user services. According to another example for a certain user service, such as URLLC, random access events 2, 3, 4 have higher priority while random access event has a low priority. According to another example for a certain user service, such as eMBB, random access events 2 and 3 have a high priority while random access events 4 and 5 have a low priority. According to another example, random access event 1 may have a low priority, even irrespective of the user service for which the random access procedure is performed. [0148] As apparent from the above table, different user services (e.g., URLLC and eMBB) may thus have different backoff time values for the same RA event (e.g., RA event 2 and 3). [0149] As apparent from the above exemplary backoff time table, the backoff index table in this case allows defining a range of the backoff time value based on the backoff index the received from the gNB (e.g., from 0 to 10 ms for index 0), while the UE, based on the prioritization criteria (e.g., random access event, user service, contractual arrangement) selects the suitable backoff time value within a set range (e.g., 4 ms in case of RA event 2 and eMBB). Thus, using the backoff index table it is possible to prioritize the random access procedure by the UE for certain RA events or user services (or combinations thereof) etc. ). PNG media_image1.png 460 297 media_image1.png Greyscale With regard to claim 9, teaches: wherein the specific time values are backoff parameter values (BVP) (see tables in paragraphs 147-148). With regard to claim 10, teaches: wherein the base-station (gNB) configures a plurality of lower backoff parameter values (BPV) for a higher data volume threshold (DVT) and a plurality of higher backoff parameter values (BPV) for a lower data volume threshold (DVT) (paragraphs 99 and 147-151) With regard to claim 15, teaches: An apparatus for congestion reducing performed by a by a base station (gnB) in a wireless communication system, the apparatus comprising a wireless transceiver (see figure 7: paragraphs 75-76) , a processor coupled with a memory in which computer program instructions are stored (see figure 7: paragraphs 75-76), said instructions being configured such that the base-station (gNB) configures a plurality of lower backoff parameter values (BPV) for a higher data volume threshold (DVT) and a plurality of higher backoff parameter values (BPV) for a lower data volume threshold (DVT) (paragraphs 99-100, 125-126, 141-149: see claim 8: [0099] For example, a random access procedure triggered by certain random access events can be prioritized over a random access procedure triggered by other random access event(s). One example would be that RA event 1 (i.e., the initial access for a UE in RRC_IDLE state) could be prioritized lower than e.g., RA event 4 (i.e., downlink data arrival), by e.g., having a high (large) backoff parameter and/or a low transmit power. Similarly, RA event 2 (RRC Connection Re-establishment) could be also prioritized over RA event 1. For instance, all or only some of the RA events can be differentiated between one another for the RA prioritization. Another example is that random access events 6 and 7 could be prioritized higher irrespective of the user services. According to another example for a certain user service, such as URLLC, random access events 2, 3, 4 have higher priority while random access event has a low priority. According to another example for a certain user service, such as eMBB, random access events 2 and 3 have a high priority while random access events 4 and 5 have a low priority. According to another example, random access event 1 may have a low priority, even irrespective of the user service for which the random access procedure is performed. [0100] Moreover, prioritization of the random access procedure can be based on the user service, i.e., whether data communication by the UE is currently done for either URLLC, eMBB or mMTC. As explained in detail in previous pages, each user service is suited to different data transmission scenarios with different requirements; e.g., URLLC requiring very small delays, eMBB although not being delay-critical requiring high peak data rates etc. Random access procedures for URLLC could thus be prioritized over random access procedures for eMBB or mMTC, in order to facilitate meeting the delay requirements of the URLLC user service provided to the UE. For instance, all or only some of the user services can be differentiated between one another for the RA prioritization. [0126] For instance, the gNB can indicate 0.5 ms, 1 ms, or 2 ms e.g., when the random access is triggered by the random access event 5 and for URLLC. A higher backoff parameter value (e.g., 10 ms) can be instructed by the gNB, e.g., when the random access is triggered by the random access event 5 and for eMBB. ) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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 nonobviousness. 07-21-aia AIA Claim s 11-13 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah et al. (US 2020/0275477) in view of Rune et al. (US 2023/0083993) With regard to claims 11 and 21: Although Shah discloses base station calculates based on QoS parameter and user provision (premium or normal/standard) (paragraph 101) , Shah does not explicitly teaches wherein the base-station (gNB) updates the mapping between the data volume threshold (DVT) and the back off parameter values based on the load situation of the communication system. Similar to the system of Shah, Rune teaches a network node transmitting backoff parameter to user equipment (see figure 16, paragraph 221). Rune discloses backoff indicator is based on load situation (paragraphs 116 and 149). 0116] In a particular embodiment, the configuration informs the UE that it is allowed to ignore (i.e. may ignore) the Backoff Indicator in a MsgB, if it switches to 4-step RA in a 4-step RA only RO. The rationale for allowing this only in 4-step RA only ROs is that if the 2-step RA resources are overloaded, this may mean that the number of 2-step preambles and MsgA PUSCH transmissions is too high for the gNB to process and since the preamble processing resources assumedly are shared for 2-step preambles and 4-step preambles, switching to 4-step RA in a shared RO would add to the load, whereas the 4-step RA only ROs may be lightly loaded. Such a situation may occur e.g. if there are many UEs located in the same cell and a majority of them experiences/measures channel qualities that exceed the threshold for selection of 2-step RA as the RA type. [0149] In a particular embodiment, the unused R bit in the MsgB subheader for backoff may be used to indicate a more detailed back off including an indication to switch to 4-step preamble transmission. This could be used to move users between 2-step and 4-step in case the network experiences high load on the 2-step resources while the load on the 4-step resources are low or moderate. Specifically, the unused R bit in the MsgB BI subheader may be used to indicate different forms of back off for the 2-step procedure. For example, the reserved bit may be used to indicate either 1) back off and continue with 2-step or 2) back off and switch to 4-step. This can be achieved as follows: [0150] if the R-bit is set to 0, the 2-step UE should do back off according to the BI value and continue with a msgA transmission. [0151] if the R-bit is set to 1, the 2-step UE should do back off according to the BI value and continue with a preamble transmission in the 4-step procedure. [0152] As an alternative to using the reserved bit to signal back off or switch to 4-step procedure would be to allow the 2-step UE which receives a back off for 2-step to switch to 4-step and continue without doing any back off. This procedure would allow the UE to directly try the 4-step procedure which would reduce the latency in case the 2-step resources are suffering from high load. As described above, this may be beneficial especially in the case where the ROs are not shared between the 2-step and 4-step procedures. A drawback may be that the UE could not both back off and switch to 4-step. Thus, in a particular embodiment, a UE receiving a back off indication for the 2-step RA procedure may switch to the 4-step procedure and do preamble transmission without back off if the 2-step and 4-step procedures have separate ROs. Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to updates the mapping between the data volume threshold (DVT) and the back off parameter values based on the load situation of the communication system as taught by Rune in the RACH procedure of Shah in order to improve power consumption (Rune: paragraph 215). With regard to claims 12 and 22, Shah teaches: wherein, if the load situation of the communication system is high, the base-station (gNB) configures a longer window for the higher data volume threshold (DVT) (paragraphs 100 and 126: eMBB has a longer window) [0100] Moreover, prioritization of the random access procedure can be based on the user service, i.e., whether data communication by the UE is currently done for either URLLC, eMBB or mMTC. As explained in detail in previous pages, each user service is suited to different data transmission scenarios with different requirements; e.g., URLLC requiring very small delays, eMBB although not being delay-critical requiring high peak data rates etc. Random access procedures for URLLC could thus be prioritized over random access procedures for eMBB or mMTC, in order to facilitate meeting the delay requirements of the URLLC user service provided to the UE. For instance, all or only some of the user services can be differentiated between one another for the RA prioritization. [0126] For instance, the gNB can indicate 0.5 ms, 1 ms, or 2 ms e.g., when the random access is triggered by the random access event 5 and for URLLC. A higher backoff parameter value (e.g., 10 ms) can be instructed by the gNB, e.g., when the random access is triggered by the random access event 5 and for eMBB. With regard to claims 13 and 23, Shah teaches: wherein segmentation of the backoff parameter values results in at least 2 blocks (paragraphs 141-151) . 07-21-aia AIA Claim s 1-3, 5-7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Agiwal (US 2025/0159733) in view of Shah et al. (US 2020/0275477) . With regard to claims 1 and 14, Agiwal teaches: A method of reducing congestion performed by a user equipment (UE) in a communication system, wherein the user equipment (UE) is prepared for transmitting uplink data (UL) and is in a passive status (Paragraphs 107-110 and 149-151: see steps 401 in figure 4 or steps 305-307 in figure 3) and after initiating a Random Access Channel procedure (RACH) the user equipment (UE) (Paragraphs 107-110 and 151-153: see step 403-405 in figure 4 or step 309 in figure 3) receives a received back off index from a base-station (gNB) (paragraphs 124 and 152-154: see step 407 in figure 4) [0152] During the RRC_INACTIVE, in operation 403 , the UE may initiate a random access (RA) procedure. [0153] In operation 405 , the UE may transmit, to the gNB, PRACH preamble in case of 4 step RA procedure and MsgA in case of 2 step RA procedure. [0154] In operation 407 , the UE may receive, from the gNB, RAR including information associated with BI. PNG media_image2.png 415 511 media_image2.png Greyscale And Agiwal teaches the UE received the backoff indicator in response to RACH message (see figure 3 and figure 4), however it fails to disclose the user equipment (UE) selects a selected back off Index based on user equipment (UE) criteria related to at least one communication system relevant criterion. Similar to the system of Agiwal, Shah discloses teaches a RACH process with backoff value in the random access response message (see figure 12). Shah explicitly discloses backoff value in response message is based on backoff index based on user service, event, QOS and priority (paragraphs 141-153). [0153] In turn, the base station, receiving the random access message, will then determine in a usual manner a backoff index (see e.g., LTE RACH procedure, as explained before), and the determined backoff index is then conveyed to the UE as part of the random access response (RAR) message. Based on this received backoff index, the UE can then determine the actual backoff parameter value using the backoff time table as explained above additionally taking into consideration the prioritization criteria (such as a random access event, and/or user service, and/or contractual arrangement, and/or subcarrier spacing). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to selects a selected back off Index based on user equipment (UE) criteria related to at least one communication system relevant criterion as taught by Shah in the RACH procedure of Agiwal in order to reduce signaling overhead (Shah : paragraph 111). PNG media_image3.png 499 360 media_image3.png Greyscale With regard to claim 2, Agiwal teaches: wherein the communication system relevant criterion is a data volume threshold (DVT) and/or a user equipment (UE) priority (Agiwal teaches RACH priority for SDT (paragraphs 130-138) and size/data volume (paragraph 193). (Shah also teaches priorities for backoff values (see paragaphs 140-151)) . With regard to claim 3, Agiwal teaches: wherein the user equipment (UE) receives a mapping between the data volume threshold (DVT) and a back off parameter (BPV) in a system information message (Paragraphs 108 and 255) . With regard to claim 5, Agiwal teaches: wherein the user equipment (UE) selects the back off parameter corresponding to the data volume threshold (DVT) and with the user equipment (UE) priority whereby, if the user equipment (UE) priority is low, then the user equipment (UE) selects a higher the back off parameter, and, if the user equipment (UE) priority is high, then the user equipment (UE) selects a lower back off parameter (see figure 3: paragraphs 119-124 and see figure 4, see paragraphs 156-160). With regard to claim 6, Shah also teaches: wherein a configuration of the user equipment (UE) priority for each user equipment (UE) in the communication system is realized by a dedicated radio resource control protocol (RRC) message (see paragraphs 109-110: [0109] Another possible way is that the gNB provides the necessary information to the UE, e.g., within system information. This would also involve the benefit that the PRACH parameterization (i.e., differentiation of PRACH resources) could be cell specific and thus could change from cell to cell. Correspondingly, when the UE moves from a source gNB to a target gNB, the new PRACH configuration information would be received by the UE either via the system information in the new radio cell or already via the RRC Connection Reconfiguration message. ). With regard to claim 7, Agiwal teaches: wherein a configuration of the user equipment (UE) priority for each user equipment (UE) in the communication system is realized per logical channel (Paragraph 107, Qos flow to DRB mapping) Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 4 is 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. He et al. (US 2024/0205980), which teaches a dynamic RACH process based on access criteria (see figure 9). Wen et al. (US 2023/0138947), which teaches a backoff process for RACH process (see figure 2) Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS R SMITH whose telephone number is (571)270-1096. The examiner can normally be reached Monday-Friday 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, Deborah J Reynolds can be reached at (571) 272-0734. 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. /MARCUS SMITH/ Supervisory Patent Examiner, Art Unit 2468 Application/Control Number: 18/726,141 Page 2 Art Unit: 2468 Application/Control Number: 18/726,141 Page 3 Art Unit: 2468 Application/Control Number: 18/726,141 Page 4 Art Unit: 2468 Application/Control Number: 18/726,141 Page 5 Art Unit: 2468 Application/Control Number: 18/726,141 Page 6 Art Unit: 2468 Application/Control Number: 18/726,141 Page 7 Art Unit: 2468 Application/Control Number: 18/726,141 Page 8 Art Unit: 2468 Application/Control Number: 18/726,141 Page 9 Art Unit: 2468 Application/Control Number: 18/726,141 Page 10 Art Unit: 2468 Application/Control Number: 18/726,141 Page 11 Art Unit: 2468 Application/Control Number: 18/726,141 Page 12 Art Unit: 2468
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Prosecution Timeline

Jul 02, 2024
Application Filed
May 14, 2026
Non-Final Rejection mailed — §101, §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
89%
With Interview (+11.5%)
3y 3m (~1y 0m remaining)
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