Prosecution Insights
Last updated: April 19, 2026
Application No. 18/753,648

REAL-TIME MESSAGING METHOD AND APPARATUS

Non-Final OA §102§DP
Filed
Jun 25, 2024
Examiner
WINDER, PATRICE L
Art Unit
2453
Tech Center
2400 — Computer Networks
Assignee
Voxer Ip LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
550 granted / 632 resolved
+29.0% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
26 currently pending
Career history
658
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 632 resolved cases

Office Action

§102 §DP
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 . Double Patenting More than 53 applications or patents related to this application are broadly similar to the limitations recited in claims 2-3. Each of those claims are recited with much greater specificity. For example, claim 2 which recites “an apparatus, the apparatus including a device” would be any/every apparatus comprising a device. Similarly, claim 3 recites “a method, the method including a step” would be any of the claims with steps. Based on the scope of the claims each parent application would meet the claim limitations, a mapping will not be constructed because at present the mapping would be repetitive. Should the claims in those cases or the present case sufficiently evolve a mapping for double patenting will be applied as appropriate. 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. Claim(s) 2-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bettis et al., US 20070064619 A1 (hereafter referred to as Bettis). Claim 2, Bettis teaches an apparatus (p. 86, “The telecommunications platform then begins the delivery of the video content by streaming the video content 456 to the receiver device 420. The receiver device 420 receives the streaming video and begins to render 458 it on a display of the receiver device 420. While the video content is being rendered by the receiver device 420, a user may actuate a control function, such as pause, fast forward, reverse, etc. 460.”), the apparatus including a device (p. 86, “The receiver device 420 receives the streaming video and begins to render 458 it on a display of the receiver device 420.”). Claim 3, Bettis teaches a method, the method including a step (claim 1, “A method for providing playback control of video content delivered through a wireless cellular network to a receiving device, the method comprising the steps of: receiving video content at the receiver device from a source; commence rendering of the received video content on a display of the receiver device starting with the beginning of the video content…”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Partaker et al., US 20090013059 A1, teaches VoIP packets from the user terminal 104 are transmitted into the Internet 106 via the network interface 108, and routed to the computer terminal 122 of User B 114, via a network interface 123. A client 124 (similar to the client 110) running on the user terminal 122 of User B 114 decodes the VoIP packets to produce an audio signal that can be heard by User B using the handset 126. Partaker et al., US 9584563 B2, teaches VoIP packets from the user terminal 104 are transmitted into the Internet 106 via the network interface 108, and routed to the computer terminal 122 of User B 114, via a network interface 123. A client 124 (similar to the client 110) running on the user terminal 122 of User B 114 decodes the VoIP packets to produce an audio signal that can be heard by User B using the handset 126. Bettis et al., US 8112778 B2, teaches a telecommunications platform then begins the delivery of the video content by streaming the video content 456 to the receiver device 420. The receiver device 420 receives the streaming video and begins to render 458 it on a display of the receiver device 420. While the video content is being rendered by the receiver device 420, a user may actuate a control function, such as pause, fast forward, reverse, etc. 460. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICE L WINDER whose telephone number is (571)272-3935. The examiner can normally be reached M-F 10am-6pm. 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, KAMAL B DIVECHA can be reached at (571)272-5863. 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. /Patrice L Winder/Primary Examiner, Art Unit 2453
Read full office action

Prosecution Timeline

Jun 25, 2024
Application Filed
Oct 31, 2025
Non-Final Rejection — §102, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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SYSTEM AND A METHOD FOR DISTRIBUTING INFORMATION
2y 5m to grant Granted Apr 07, 2026
Patent 12593205
NETWORK SLICE-SPECIFIC AUTHENTICATION AND AUTHORIZATION
2y 5m to grant Granted Mar 31, 2026
Patent 12587396
SYSTEMS AND METHODS FOR RECOMMENDING NETWORK PROCESSING ROUTES WHEN CONDUCTING NETWORK OPERATIONS
2y 5m to grant Granted Mar 24, 2026
Patent 12580812
COMMUNICATION CONTROL DEVICE, COMMUNICATION CONTROL METHOD, AND NON-TRANSITORY COMPUTER READABLE RECORDING MEDIUM
2y 5m to grant Granted Mar 17, 2026
Patent 12580965
SYSTEM AND METHOD FOR MANAGING COMPLIANCE FAILURES BASED ON ESTIMATIONS FOR REMEDIATION
2y 5m to grant Granted Mar 17, 2026
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
87%
Grant Probability
98%
With Interview (+11.1%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 632 resolved cases by this examiner. Grant probability derived from career allow rate.

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