Prosecution Insights
Last updated: October 02, 2026
Application No. 18/736,066

DYNAMICALLY ADJUSTING AN APPLICATION DEMAND PROFILE DURING SLICE FALLBACK

Non-Final OA §102
Filed
Jun 06, 2024
Examiner
O CONNOR, BRIAN T
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
T-Mobile USA Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
783 granted / 915 resolved
+27.6% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
16 currently pending
Career history
934
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 915 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 Claim 13 is objected to because of the following informalities: on line 2, the claim recites “(EPC) of an a Long Term Evolution”, this grammatical issue is objected to by the examiner. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cui et al. (US 2024/0129808 A1; hereafter CUI). With respect to claim 1, CUI discloses one or more computer-readable media (1330 in FIG. 13; 1506 in FIG. 15) having computer-executable instructions (paragraph [0157]) embodied thereon that, when executed, perform a method of dynamically adjusting an application demand profile during slice fallback (Abstract, Title : ‘Facilitating Network Slicing Information Preservation in Advanced Networks’), the method comprising: based on a user equipment (UE) (1102 in FIG. 12; 1375 in FIG. 13) fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs), receiving an attribute quality table (paragraph [0088], see the Network Slicing Configuration) for an application (paragraphs [0061], [0098], [0099], see the resuming of an application or a session on a UE) of the UE (1102 in FIG. 12; 1375 in FIG. 13); and based on the attribute quality table (paragraph [0088], see the Network Slicing Configuration), radio frequency (RF) conditions (paragraph [0084], see the coverage usage for optimizing), and quality of service (QOS) capabilities (paragraph [0084], see the policy and charging rules used for optimizing), optimizing capabilities for the data connection (paragraph [0072], see the optimized procedure). With respect to claim 2, CUI further discloses the media of claim 1, wherein the attribute quality table (paragraph [0088], see the Network Slicing Configuration) for the application determines a demand profile (paragraph [0030], see the User Priority for latency or jitter) for a 5G Standalone (SA) network (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 3, CUI further discloses the media of claim 2, further comprising, based on the UE (1102 in FIG. 12; 1375 in FIG. 13) reconnecting to the 5G SA network, allocating a network slice to the application (paragraphs [0061], [0098], [0099], see the resuming of an application or a session on a UE) of the UE (1102 in FIG. 12; 1375 in FIG. 13) based on the demand profile (paragraph [0030], see the User Priority for latency or jitter). With respect to claim 4, CUI further discloses the media of claim 2, further comprising receiving a real-time adjustment to the demand profile (paragraph [0030], see the User Priority for latency or jitter) for the application in accordance with the optimized capabilities (paragraph [0072], see the optimized procedure). With respect to claim 5, CUI further discloses the media of claim 1, further comprising, initiating the UE (1102 in FIG. 12; 1375 in FIG. 13) fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs) from a 5G Standalone (SA) network to a 5G Non-standalone (NSA) network (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 6, CUI further discloses the media of claim 1, further comprising, initiating the UE fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs) from a 5G Standalone (SA) network to an evolved packet core (EPC) of a Long Term Evolution (LTE) network (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 7, CUI further discloses the media of claim 1, wherein attributes of the attribute quality table (paragraph [0088], see the Network Slicing Configuration) comprise one or more of: bitrate, codec, resolution, framerate, packet loss, jitter, or latency (paragraph [0120], see the calculating of jitter, latency or throughput for the service configuration). With respect to claim 8, CUI discloses a method of dynamically adjusting an application demand profile during slice fallback (Abstract, Title : ‘Facilitating Network Slicing Information Preservation in Advanced Networks’), the method comprising: based on a user equipment (UE) (1102 in FIG. 12; 1375 in FIG. 13) fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs), receiving an attribute quality table (paragraph [0088], see the Network Slicing Configuration) for an application (paragraphs [0061], [0098], [0099], see the resuming of an application or a session on a UE) of the UE (1102 in FIG. 12; 1375 in FIG. 13); and based on the attribute quality table (paragraph [0088], see the Network Slicing Configuration), radio frequency (RF) conditions (paragraph [0084], see the coverage usage for optimizing), and quality of service (QOS) capabilities (paragraph [0084], see the policy and charging rules used for optimizing), optimizing capabilities for the data connection (paragraph [0072], see the optimized procedure). With respect to claim 9, CUI further discloses the method of claim 8, wherein the attribute quality table (paragraph [0088], see the Network Slicing Configuration) for the application determines a demand profile (paragraph [0030], see the User Priority for latency or jitter) for a 5G Standalone (SA) network (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 10, CUI further discloses the method of claim 9, further comprising, based on the UE (1102 in FIG. 12; 1375 in FIG. 13) reconnecting to the 5G SA network (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs), allocating a network slice to the application (paragraphs [0061], [0098], [0099], see the resuming of an application or a session on a UE) of the UE (1102 in FIG. 12; 1375 in FIG. 13) based on the demand profile (paragraph [0030], see the User Priority for latency or jitter). With respect to claim 11, CUI further discloses the method of claim 9, further comprising receiving a real-time adjustment to the demand profile (paragraph [0030], see the User Priority for latency or jitter) for the application in accordance with the optimized capabilities (paragraph [0072], see the optimized procedure). With respect to claim 12, CUI further discloses the method of claim 8, further comprising, initiating the UE fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs) from a 5G Standalone (SA) network to a 5G Non-standalone (NSA) network (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 13, CUI further discloses the method of claim 8, further comprising, initiating the UE fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs) from a 5G Standalone (SA) network to an evolved packet core (EPC) of an a Long Term Evolution (LTE) network (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 14, CUI further discloses the method of claim 8, wherein attributes of the attribute quality table (paragraph [0088], see the Network Slicing Configuration) comprise one or more of: bitrate, codec, resolution, framerate, packet loss, jitter, or latency (paragraph [0120], see the calculating of jitter, latency or throughput for the service configuration). With respect to claim 15, CUI discloses a system (1200 in FIG. 12) for dynamically adjusting an application demand profile during slice fallback (Abstract, Title : ‘Facilitating Network Slicing Information Preservation in Advanced Networks’), the system comprising: at least one wireless base station (1110 or 1108 in FIG. 12) coupled to an operator core network (1106 in FIG. 12), wherein the at least one wireless base station (1110 or 1108 in FIG. 12) establishes one or more communication links between the operator core network and a user equipment (UE) (1102 in FIG. 12; 1375 in FIG. 13); one or more processors to perform one or more operations to: based on the operator core network initiating a fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs), receiving an attribute quality table (paragraph [0088], see the Network Slicing Configuration) for an application (paragraphs [0061], [0098], [0099], see the resuming of an application or a session on a UE) of the UE (1102 in FIG. 12; 1375 in FIG. 13); and based on the attribute quality table (paragraph [0088], see the Network Slicing Configuration), radio frequency (RF) conditions (paragraph [0084], see the coverage usage for optimizing), and quality of service (QOS) capabilities (paragraph [0084], see the policy and charging rules used for optimizing), optimizing capabilities for a communication link of the one or more communication links (paragraph [0072], see the optimized procedure). With respect to claim 16, CUI further discloses the system of claim 15, wherein the attribute quality table (paragraph [0088], see the Network Slicing Configuration) for the application determines a demand profile (paragraph [0030], see the User Priority for latency or jitter) for a 5G Standalone (SA) communication link (paragraphs [0021], [0022], [0023] and [0024]). With respect to claim 17, CUI further discloses the system of claim 16, further comprising, based on the UE (1102 in FIG. 12; 1375 in FIG. 13) reconnecting to the 5G SA network, allocating a network slice to the application (paragraphs [0061], [0098], [0099], see the resuming of an application or a session on a UE) of the UE (1102 in FIG. 12; 1375 in FIG. 13) based on the demand profile (paragraph [0030], see the User Priority for latency or jitter). With respect to claim 18, CUI further discloses the system of claim 16, further comprising receiving a real-time adjustment to the demand profile (paragraph [0030], see the User Priority for latency or jitter) for the application in accordance with the optimized capabilities (paragraph [0072], see the optimized procedure). With respect to claim 19, CUI further discloses the system of claim 15, further comprising initiating the UE fallback (paragraph [0061] and [0099], see the moving away from coverage and then returning or being handed off among eNBs) from a 5G Standalone (SA) communication link to a 5G Non-standalone (NSA) communication link (paragraphs [0021], [0022], [0023] and [0024]) or from the 5G SA communication link to an evolved packet core (EPC) of a Long Term Evolution (LTE) communication link. With respect to claim 20, CUI further discloses the system of claim 15, wherein attributes of the attribute quality table (paragraph [0088], see the Network Slicing Configuration) comprise one or more of: bitrate, codec, resolution, framerate, packet loss, jitter, or latency (paragraph [0120], see the calculating of jitter, latency or throughput for the service configuration). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm. 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, Gary Mui can be reached at 571-270-1420. 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. /BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 August 7, 2026
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Prosecution Timeline

Jun 06, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §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
86%
Grant Probability
94%
With Interview (+8.1%)
2y 10m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 915 resolved cases by this examiner. Grant probability derived from career allowance rate.

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