Prosecution Insights
Last updated: July 17, 2026
Application No. 18/832,259

SCHEDULING CONTROL APPARATUS, SCHEDULING CONTROL SYSTEM, SCHEDULING CONTROL METHOD, AND PROGRAM

Non-Final OA §102§103
Filed
Jul 23, 2024
Priority
Feb 16, 2022 — nonprovisional of PCTJP2022006258
Examiner
EBRAHIM, ANEZ C
Art Unit
Tech Center
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
639 granted / 773 resolved
+22.7% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
809
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
87.4%
+47.4% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 773 resolved cases

Office Action

§102 §103
CTNF 18/832,259 CTNF 85701 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. DETAILED ACTION 1. This communication is response to the application filed 08/20/2025 havingclaims 1-6 pending and presented for examination. Priority 2 . Application filed on 07/23/2024 is a 371 of PCT/JP2022/006258 02/16/2022 are acknowledged. Drawings 06-37 AIA 3 . The drawings were received on 07/23/2024 and these drawings are accepted . 4. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Oath/Declaration 4. The Oath/Declaration filed on 07/23/2024 is accepted by the examiner. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 1. 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 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. 07-07-aia AIA 07-07 2. 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 1, 4-6 are rejected under 35 U.S.C. 102 ( a)(1 ) as being anticipated by US Publication US 20120120881 A1 KALHAN et al. (Hereinafter “ KALHAN ") . As per claim 1, KALHAN teaches a scheduling control apparatus that calculates a weight for scheduling a terminal in a wireless system including a plurality of base stations, the scheduling control apparatus comprising: a processor; and a memory storing program instructions that cause the processor to: acquire information regarding a connection state between each of the plurality of base stations and the terminal (para 0065-0073], fig. 1-2, scheduler acquires the signal strength of terminal connected each plurality of base station in the specified area); calculate, for each base station of the plurality of base stations, a weight indicating an allocation ratio of communication amounts between one or a plurality of terminals connected to the base station (para 0065-0073], fig. 1-2, based on the terminal and its proximity to each base stations and signal strength calculate the weight for each base station of the plurality of base stations, a weight indicating an allocation ratio of communication amounts between one or a plurality of terminals connected to the base station); and notify the base station of the weight ((para 0065-0073], fig. 1-2, notify the base station of the weight ), wherein the program instructions cause the processor to calculate the weight by repeating processing for updating the weight so that an error between expected wireless communication quality obtained when the weight is given to each of the terminals and required wireless communication quality of each of the terminals is small ((para 0065-0073], fig. 1-2, instruction are tailored to calculate the weight of each base to the corresponding terminal by repeatedly for updating the weight so that an error between expected wireless communication quality obtained when the weight is given to each of the terminals and required wireless communication quality of each of the terminals is small so that terminals get the correct weight for communicating between network and terminal regardless where terminals are located in large, overlapping or near small base stations). As per claim 4, KALHAN teaches scheduling control system comprising: the scheduling control apparatus of claim 1; and the plurality of base stations, wherein each of the plurality of base stations executes scheduling for each of the terminals to be connected by using the weight received from the scheduling control apparatus ((para 0065-0073], fig. 1-2, and the plurality of base stations, wherein each of the plurality of base stations executes scheduling for each of the terminals to be connected by using the weight received from the scheduling control apparatus). As per claim 5, KALHAN teaches a scheduling control method executed by a computer that calculates a weight for scheduling a terminal in a wireless system including a plurality of base stations, the method comprising: acquiring information regarding a connection state between each of the plurality of base stations and the terminal(para 0065-0073], fig. 1-2, scheduler acquires the signal strength of terminal connected each plurality of base station in the specified area);; calculating, for each base station of the plurality of base stations, a weight indicating an allocation ratio of communication amounts between one or a plurality of terminals connected to the base station(para 0065-0073], fig. 1-2, based on the terminal and its proximity to each base stations and signal strength calculate the weight for each base station of the plurality of base stations, a weight indicating an allocation ratio of communication amounts between one or a plurality of terminals connected to the base station); and notify the base station of the weight ((para 0065-0073], fig. 1-2, notify the base station of the weight ); and notifying the base station of the weight((para 0065-0073], fig. 1-2, notify the base station of the weight ),, wherein, in the calculating of the weight, the weight is calculated by repeating processing for updating the weight so that an error between expected wireless communication quality obtained when the weight is given to each of the terminals and required wireless communication quality of each of the terminals is small(para 0065-0073], fig. 1-2, instruction are tailored to calculate the weight of each base to the corresponding terminal by repeatedly for updating the weight so that an error between expected wireless communication quality obtained when the weight is given to each of the terminals and required wireless communication quality of each of the terminals is small so that terminals get the correct weight for communicating between network and terminal regardless where terminals are located in large, overlapping or near small base stations).. As per claim 6, KALHAN teaches a non-transitory computer-readable recording medium storing a program configured for causing a computer to execute the scheduling control method of claim 5 (para 0065-0073], fig. 1-2, program configured for causing a computer to execute the scheduling control method of claim 5) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 1. 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 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. 07-20-aia AIA 2. 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 3. The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-20-02-aia AIA 4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA 5. Claim (s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over KALHAN further view of US PG Pub US 20220279535A1 to Tsui et al (hereinafter Tsui) . As per claim 2, KALHAN teaches the scheduling control apparatus according to claim 1,Tsui teaches wherein the program instructions cause the processor to calculate the weight so that a mean square error between the required wireless communication quality and the expected wireless communication quality is equal to or less than a threshold (para 0100], adjusting the weight calculation based on mean square error between the required wireless communication quality and the expected wireless communication quality is equal to or less than a threshold). 20220279535 Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the combination system of KALHAN by e program instructions cause the processor to calculate the weight so that a mean square error between the required wireless communication quality and the expected wireless communication quality is equal to or less than a threshold as suggested by Tsui, this modification would benefit KALHAN for efficient data transmission in a mobile communication network . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 3 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 Prior arts made of record, not relied upon: US Patent Publication US 20150126133 A1; US Patent Publication US 20220141851 A1, US Patent Publication US 20220217021 A1 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on M-F 8 AM to 5 PM If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANEZ C EBRAHIM/Primary Examiner, Art Unit 2467 Application/Control Number: 18/832,259 Page 2 Art Unit: 2467 Application/Control Number: 18/832,259 Page 3 Art Unit: 2467 Application/Control Number: 18/832,259 Page 4 Art Unit: 2467 Application/Control Number: 18/832,259 Page 5 Art Unit: 2467 Application/Control Number: 18/832,259 Page 6 Art Unit: 2467 Application/Control Number: 18/832,259 Page 7 Art Unit: 2467 Application/Control Number: 18/832,259 Page 8 Art Unit: 2467 Application/Control Number: 18/832,259 Page 9 Art Unit: 2467
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Prosecution Timeline

Jul 23, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
91%
With Interview (+7.9%)
2y 10m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 773 resolved cases by this examiner. Grant probability derived from career allowance rate.

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