Prosecution Insights
Last updated: July 17, 2026
Application No. 18/740,691

DATACENTER, COMMUNICATION APPARATUS, COMMUNICATION METHOD, AND COMMUNICATION CONTROL METHOD IN A COMMUNICATION SYSTEM

Non-Final OA §112
Filed
Jun 12, 2024
Priority
Mar 04, 2015 — JP 2015-042270 +3 more
Examiner
VAN, JENKEY
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
443 granted / 570 resolved
+19.7% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
23 currently pending
Career history
594
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.6%
+48.6% vs TC avg
§102
5.1%
-34.9% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 570 resolved cases

Office Action

§112
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 . DETAILED ACTION Claims 1-4, 8-11, 16 have been examined and are pending. Information Disclosure Statement An initialed and dated copy of Applicant’s IDS form 1449 submitted 06/12/2024 is attached to the instant office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112 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. Claims 1-5 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "”the first mobile virtual network operator” in line 7. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "”the second mobile virtual network operator” in line 9. There is insufficient antecedent basis for this limitation in the claim. Claims 2-5 are rejected for having the same limitations as claim 1 above. Claim 6 recites the limitation "”the first mobile virtual network operator” in line 5. There is insufficient antecedent basis for this limitation in the claim. Claim 6 recites the limitation "”the second mobile virtual network operator” in line 7. There is insufficient antecedent basis for this limitation in the claim. Claims 9-11 are rejected for having the same limitations as claim 1 above. Claims 9-11 are rejected for having the same limitations as claim 6 above. Claim 16 recites the limitation "”the first mobile virtual network operator” in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 16 recites the limitation "”the second mobile virtual network operator” in line 6. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 1-5, 9-12, 16 rejected under 35 USC 112, but would be allowable if amended to overcome the 112 rejections. Reasons for Allowance The following is an examiner’s statement of reasons for allowance:: The prior art teaches the general concepts of communication between a terminal and a data center having virtual networks operated by different mobile virtual network operators. For example, Parker (US 2013/0121207), teaches a data center including multiple virtual networks performing virtual mobile core and cloud functions (inclusive of the mobile virtual network operators) communicating with core networks (i.e. inclusive of the network operators) in which traffic for a particular network is routed from a facility in the core network. In another example, Maria (US 2012/0287781) discloses a mediator for MVNO in the core network side that identifies and routes traffic destined for particular MVNOs from different network operators. Other prior arts such as Fujinami (US 2018/0035284), discloses general concepts of routing traffic for an MVNO to which a terminal subscribes based on PLMN ID and establishment of EPS bearers in which a terminal communicates with the Internet and the like via the EPS bearer constructed in a MVNO operated virtual network. Van der Merwe et al. (US 2013/0054763), discloses aspects of virtual tunneling to allow for a mobile device to communicate with virtual machines in a MVNO operated network. Wakayama et al. (US 2010/0014532), discloses establishing a tunnel between an MNO and corresponding MVNOs to allow for a packet to be transmitted appropriately to the network of the MVNO to which the user who sends the corresponding packet belongs. While each of the claim limitations can be taught separately, there is no combination of prior art that teaches the claim as a whole. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2014/0362807 A1 to Bhatnagar, directed to establishing a tunnel between wireless services gateway and data service gateway US 2016/0212654 A1 to Itoh et al, directed to establishing a tunnel corresponding to a bearer between a base station and a gateway apparatus. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENKEY VAN whose telephone number is (571)270-7160. The examiner can normally be reached Monday - Friday 9am - 5pm. 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, Chirag Shah can be reached at (571)272-3144. 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. /JENKEY VAN/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Jun 12, 2024
Application Filed
Oct 31, 2024
Response after Non-Final Action
Jun 26, 2026
Non-Final Rejection mailed — §112 (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
78%
Grant Probability
99%
With Interview (+30.8%)
3y 0m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 570 resolved cases by this examiner. Grant probability derived from career allowance rate.

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