Prosecution Insights
Last updated: July 17, 2026
Application No. 18/767,287

DYNAMIC NON-REAL TIME RIC POWER CONSUMPTION ALLOCATION

Non-Final OA §102§112
Filed
Jul 09, 2024
Priority
May 15, 2024 — provisional 63/648,003 +1 more
Examiner
KAPLAN, HAL IRA
Art Unit
Tech Center
Assignee
Boost SubscriberCo LLC
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
768 granted / 892 resolved
+26.1% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
10 currently pending
Career history
898
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
37.9%
-2.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 892 resolved cases

Office Action

§102 §112
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 . Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Drawings The drawings are objected to because in Figure 2, O-CU-CP 212 should be O-CU-UP (see page 22, line 5 in the specification). The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 314 in Figure 3 (see page 24, lines 21-22 and page 27, lines 18-19. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Information Disclosure Statement The information disclosure statement filed October 17, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein for which no copy was provided, has not been considered. No copy has been provided of the reference CN 211320936. Claim Objections Claim 7 is objected to because of the following informalities: Claim 7, line 2, “obtain” should be “obtaining”. Claim 7, line 8, “obtain” should be “obtaining”. Claim 7, line 9, “determine” should be “determining”. Claim 7, line 13, “track” should be “tracking”. Claim 7, line 14, “determine” should be “determining”. Claim 7, line 17, “determine” should be “determining”. Claim 7, line 20, “maintain” should be “maintaining”. Appropriate correction is required. 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 1-7 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 “one or more configuration commands, each configuration command associated with one or more power consumption guidelines”. It is unclear what a “power consumption guideline” is, or what each configuration command is associated with. The claim also does not indicate which apparatus the configuration command or commands is/are associated with. For examination purposes, it has been assumed that a power consumption guideline is a power consumption value around which a device operates, for example a power consumption value for stabilizing a power grid. 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)(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) 1-6, 8-13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the US patent application publication of Frenger et al. (2023/0080777). As to claim 1, Frenger discloses an apparatus configured to store: one or more configuration commands (configurations controlling the network elements to participate in the stabilization of the grid, see Figure 6), each configuration command associated with one or more power consumption guidelines (power consumption values for stabilizing the grid); and historical data comprising historic power consumption at one or more communication sites in a communication network (see paragraph [0069], lines 1-6 and paragraph [0079], lines 8-16); and a processor communicatively coupled to the memory and configured to: obtain a first power value associated with a local power source configured to provide the first power value to a first network component in a first communication site (power consumption of the network element, see paragraph [0080], lines 3-8), wherein: the local power source is coupled to the first network component via a first plurality of connection interfaces (grid and battery are switchable); and the local power source supplies power from a first power supply to the first network component (grid and battery are used to power the network element); obtain a second power value associated with the first network component (the charging levels of one or more individual backup batteries); determine a first power consumption associated with the first plurality of connection interfaces based on the first power value and the second power value, the first power consumption being representative of power consumed during power distribution from the local power source to the first network component (power consumption of the individual network elements, see paragraph [0080], lines 5-6); track the first power consumption over a first period of time (620,622, see Figure 6); determine a first plurality of indicators (charging levels of backup batteries, RBEs of backup batteries at network elements, future power consumption, see Figures 6-7) associated with the first power consumption over the first period of time, the first plurality of indicators representing a first plurality of configuration commands associated with the first communication site; determine whether the first plurality of indicators at least partially match a first portion of the historical data (see paragraphs [0093] – [0104]); and in response to determining that the first plurality of indicators at least partially match the first portion of the historical data, replace the first power supply with a second power supply (the type of stabilization may be due to frequency being too low or too high, see paragraph [0036], lines 4-9, and paragraph [0108], lines 5-15). As to claims 2-3, the first and second power supplies are a local battery located at the first communication site and one or more connection elements to a power grid (see Abstract, lines 1-3). As to claim 4, at least one indicator of the first plurality of indicators comprises weather information associated with possible changes in weather over the first period of time in one or more areas surrounding the first communication site (see paragraph [0071], lines 11-16). As to claim 5, at least one indicator of the first plurality of indicators comprises location information associated with possible topographical changes over the first period of time in one or more areas surrounding the first communication site (geo-location of the radio base station, see paragraph [0100]). As to claim 6, at least one indicator of the first plurality of indicators comprises event information associated with possible changes in a number of access points over the first period of time in one or more areas surrounding the first communication site (see paragraph [0040], lines 3-12 and paragraph [0041], lines 1-4). As to claim 8, Frenger discloses a method, comprising: obtaining a first power value associated with a local power source configured to provide the first power value to a first network component in a first communication site (power consumption of the network element, see paragraph [0080], lines 3-8), wherein: the local power source is coupled to the first network component via a first plurality of connection interfaces (grid and battery are switchable); and the local power source supplies power from a first power supply to the first network component (grid and battery are used to power the network element); obtaining a second power value associated with the first plurality of connection interfaces based on the first power value and the second power value, the first power consumption being representative of power consumed during power distribution from the local power source to the first network component (see paragraph [0080], lines 5-6); tracking the first power consumption over a first period of time (620,622, see Figure 6); determining a first plurality of indicators (charging levels of backup batteries, RBEs of backup batteries at network elements, future power consumption, see Figures 6-7) associated with the first power consumption over the first period of time, the first plurality of indicators representing a first plurality of configuration commands associated with the first communication site; determining whether the first plurality of indicators at least partially match a first portion of historical data (see paragraphs [0093] – [0104]) comprising historic power consumption at one or more communication sites in a communication network; and in response to determining that the first plurality of indicators at least partially match the first portion of the historical data, replacing the first power supply with a second power supply (the type of stabilization may be due to frequency being too low or too high, see paragraph [0036], lines 4-9, and paragraph [0108], lines 5-15). As to claims 9-10, the first and second power supplies are a local battery located at the first communication site and one or more connection elements to a power grid (see Abstract, lines 1-3). As to claim 11, at least one indicator of the first plurality of indicators comprises weather information associated with possible changes in weather over the first period of time in one or more areas surrounding the first communication site (see paragraph [0071], lines 11-16). As to claim 12, at least one indicator of the first plurality of indicators comprises location information associated with possible topographical changes over the first period of time in one or more areas surrounding the first communication site (geo-location of the radio base station, see paragraph [0100]). As to claim 13, at least one indicator of the first plurality of indicators comprises event information associated with possible changes in a number of access points over the first period of time in one or more areas surrounding the first communication site (see paragraph [0040], lines 3-12 and paragraph [0041], lines 1-4). As to claim 15, Frenger discloses a non-transitory computer-readable medium storing instructions (see paragraph [0126], lines 1-7) that when executed by a processor cause the processor to: obtain a first power value associated with a local power source configured to provide the first power value to a first network component in a first communication site (power consumption of the network element, see paragraph [0080], lines 3-8), wherein: the local power source is coupled to the first network component via a first plurality of connection interfaces (grid and battery are switchable); and the local power source supplies power from a first power supply to the first network component (grid and battery are used to power the network element); obtain a second power value associated with the first network component (the charging levels of one or more individual backup batteries), the first power consumption being representative of power consumed during power distribution from the local power source to the first network component (see paragraph [0080], lines 5-6); determine a first power consumption associated with the first plurality of connection interfaces (grid and battery are switchable) based on the first power value and the second power value, the first power consumption being representative of power consumed during power distribution from the local power source to the first network component (see paragraph [0080], lines 3-8); track the first power consumption over a first period of time (620,622, see Figure 6); determine a first plurality of indicators (charging levels of backup batteries, RBEs of backup batteries at network elements, future power consumption, see Figures 6-7) associated with the first power consumption over the first period of time, the first plurality of indicators representing a first plurality of configuration commands associated with the first communication site; determine whether the first plurality of indicators at least partially match a first portion of historical data (see paragraphs [0093] – [0104]) comprising historic power consumption at one or more communication sites in a communication network; and in response to determining that the first plurality of indicators at least partially match the first portion of the historical data, replace the first power supply with a second power supply (the type of stabilization may be due to frequency being too low or too high, see paragraph [0036], lines 4-9, and paragraph [0108], lines 5-15). As to claims 16-17, the first and second power supplies are a local battery located at the first communication site and one or more connection elements to a power grid (see Abstract, lines 1-3). As to claim 18, at least one indicator of the first plurality of indicators comprises weather information associated with possible changes in weather over the first period of time in one or more areas surrounding the first communication site (see paragraph [0071], lines 11-16). As to claim 19, at least one indicator of the first plurality of indicators comprises location information associated with possible topographical changes over the first period of time in one or more areas surrounding the first communication site (geo-location of the radio base station, see paragraph [0100]). As to claim 20, at least one indicator of the first plurality of indicators comprises event information associated with possible changes in a number of access points over the first period of time in one or more areas surrounding the first communication site (see paragraph [0040], lines 3-12 and paragraph [0041], lines 1-4). Allowable Subject Matter Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claim 14 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. The following is a statement of reasons for the indication of allowable subject matter: Claim 7 contains allowable subject matter because none of the prior art of record discloses or suggests the apparatus of claim 1, further comprising the features recited in claim 7, in combination with the remaining claimed features. Claim 14 contains allowable subject matter because none of the prior art of record discloses or suggests the obtaining, determining, tracking, and maintaining steps as recited in claim 14, in combination with the remaining claimed features. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The US patent application publication of Eleftheriadis et al. (2025/0330041) corresponds to WO 2023227936. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAL KAPLAN whose telephone number is (571)272-8587. The examiner can normally be reached 8:30AM-5:30PM. 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, Taelor Kim can be reached at 571-270-7166. 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. /HAL KAPLAN/Primary Examiner, Art Unit 2836
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Prosecution Timeline

Jul 09, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §102, §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
86%
Grant Probability
95%
With Interview (+9.2%)
2y 8m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 892 resolved cases by this examiner. Grant probability derived from career allowance rate.

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