Prosecution Insights
Last updated: October 01, 2026
Application No. 18/917,280

DIFFERENTIATED DISCONTINUOUS RECEPTION BASED ON USER EQUIPMENT SERVICE PROFILE

Non-Final OA §DOUBLEPATENT
Filed
Oct 16, 2024
Priority
Nov 09, 2021 — continuation of 12/150,200
Examiner
HARLEY, JASON A
Art Unit
Tech Center
Assignee
Verizon Communications Inc.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
445 granted / 662 resolved
+7.2% vs TC avg
Strong +32% interview lift
Without
With
+31.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
32 currently pending
Career history
703
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
67.6%
+27.6% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 662 resolved cases

Office Action

§DOUBLEPATENT
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 The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Instant Applicant Patent 12,150,200 1. A method, comprising: receiving, by a device of a wireless network, a message associated with creating a session for a User Equipment device (UE); determining, by the device, when the UE is in a power saving mode or a low latency mode; specifying, by the device when the UE is in the power saving mode, a first maximum UE wait time period associated with a discontinuous reception (DRx) process involving the UE; specifying, by the device when the UE is in the low latency mode, a second maximum UE wait time period associated with the DRx process involving the UE, wherein the second maximum UE wait time period comprises a shorter time period than the first maximum UE wait time period and wherein each of the first maximum UE wait time period and the second maximum UE wait time period encompasses receipt of pending uplink data at the UE, the UE sending a scheduling request to the wireless network, and the UE receiving an uplink grant in response to the scheduling request and further includes any intervening time caused by components of the UE being in a powered down state during the DRx process; modifying, by the device when the UE is in the power saving mode, DRx parameters for the UE based on the specified first maximum UE wait time period; and modifying, by the device when the UE is in the low latency mode, the DRx parameters for the UE based on the specified second maximum UE wait time period. 1. A method, comprising: receiving, by a device of a wireless network, a message associated with creating a session for a User Equipment device (UE); determining, by the device, a mode of the UE, wherein the determined mode comprises one of multiple different modes and wherein the multiple different modes comprise a power saving mode and a low latency mode; determining, by the device, performance requirements associated with a Quality of Service (QOS) further associated with the session; specifying, when the determined mode of the UE comprises the power saving mode, a first maximum UE wait time associated with a discontinuous reception (DRx) process involving the UE; specifying, when the determined mode of the UE comprises the low latency mode, a second maximum UE wait time associated with the DRx process involving the UE, wherein the first maximum UE wait time comprises a first maximum time period, and the second maximum UE wait time comprises a second maximum time period, with each of the first maximum time period and the second time period encompassing receipt of pending uplink data at the UE, the UE sending a scheduling request to the wireless network, and the UE receiving an uplink grant in response to the scheduling request, and further includes any intervening time caused by components of the UE being in a powered down state during the DRx process and wherein the second maximum time period comprises a shorter time period than the first maximum time period; modifying, by the device when the determined mode of the UE comprises the power saving mode, DRx parameters for the UE based on the determined performance requirements and the specified first maximum UE wait time; modifying, by the device when the determined mode of the UE comprises the low latency mode, the DRx parameters for the UE based on the determined performance requirements and the specified second maximum UE wait time; and instructing, by the device, the UE to perform the DRx process using the modified DRx parameters. 5. The method of claim 1, further comprising: instructing, by the device, the UE to perform the DRx process using the modified DRx parameters, wherein instructing the UE to perform the DRx process comprises: generating, by the device, DRx instructions that include the modified DRx parameters; and sending, by the device, the DRx instructions to the UE to instruct the UE to perform the DRx process using the modified DRx parameters. 2. The method of claim 1, wherein instructing the UE to perform the DRx process comprises: generating, by the device, DRx instructions that include the modified DRx parameters; and sending, by the device, the DRx instructions to the UE to instruct the UE to perform the DRx process using the modified DRx parameters. 4. The method of claim 2, wherein the QoS associated with the session is identified by a QoS Class ID (QCI) or a Fifth Generation QoS ID (5QI) included in the message. 4. The method of claim 1, wherein the QoS associated with the session is identified by a QoS Class ID (QCI) or a Fifth Generation QOS ID (5QI) included in the message. 3. The method of claim 2, wherein modifying the DRx parameters for the UE comprises: modifying at least one of an On Duration Timer, a DRx Short Cycle Timer, a DRx Inactivity Timer, or a DRx Retransmission timer to satisfy the determined performance requirements. 5. The method of claim 1, wherein modifying the DRx parameters for the UE comprises: modifying at least one of an On Duration Timer, a DRx Short Cycle Timer, a DRx Inactivity Timer, or a DRx Retransmission timer to satisfy the determined performance requirements. 6. The method of claim 1, wherein the wireless network comprises a mobile wireless network and wherein modifying the DRx parameters further comprises: modifying the DRx parameters further based on whether the UE is currently being serviced by a Stand Alone (SA) mobile wireless network or by a Non-Stand Alone (NSA) mobile wireless network. 6. The method of claim 1, wherein the wireless network comprises a mobile wireless network and wherein modifying the DRx parameters further comprises: modifying the DRx parameters further based on whether the UE is currently being serviced by a Stand Alone (SA) mobile wireless network or by a Non-Stand Alone (NSA) mobile wireless network. 7. The method of claim 1, further comprising: determining, by the device, performance requirements associated with a Quality of Service (QOS) further associated with the session; and obtaining, by the device, a network slicing identifier (ID) that identifies a network slice of the wireless network that services the session for the UE, wherein determining the performance requirements further comprises: determining further ones of the performance requirements based on the network slicing ID. 7. The method of claim 1, further comprising: obtaining, by the device, a network slicing ID that identifies a network slice of the wireless network that services the session for the UE, wherein determining the performance requirements further comprises: determining further ones of the performance requirements associated with the network slicing ID. 8. The method of claim 1, further comprising: determining, by the device, performance requirements associated with a Quality of Service (QOS) further associated with the session, wherein modifying, when the UE is in the power saving mode or the low latency mode, the DRx parameters for the UE comprises: modifying at least one of a DRx Inactivity Timer or a DRx Retransmission timer to satisfy the determined performance requirements, wherein the DRx Inactivity Timer comprises a timer value that specifies how long a receiver of the UE should remain powered on before powering down after receipt of a signal on a control channel, and wherein the DRx Retransmission timer comprises a timer value that specifies a period of time that the UE should remain active to wait on an incoming retransmission after a first available retransmission time 8. The method of claim 1, wherein modifying, when the determined mode comprises the power saving mode or when the determined mode comprises the low latency mode, the DRx parameters for the UE comprises: modifying at least one of a DRx Inactivity Timer or a DRx Retransmission timer to satisfy the determined performance requirements, wherein the DRx Inactivity Timer comprises a timer value that specifies how long a receiver of the UE should remain powered on before powering down after receipt of a signal on a control channel, and wherein the DRx Retransmission timer comprises a timer value that specifies a period of time that the UE should remain active to wait on an incoming retransmission after a first available retransmission time. 9. A device, comprising: a communication interface configured to receive a message associated with creating a session in a wireless network for a User Equipment device (UE); and a processing unit configured to: determine when the UE is in a power saving mode or a low latency mode, specify, when the UE is in the power saving mode, a first maximum UE wait time period associated with a discontinuous reception (DRx) process involving the UE, specify, when the UE is in the low latency mode, a second maximum UE wait time period associated with the DRx process involving the UE, wherein the second maximum UE wait time period comprises a shorter time period than the first maximum UE wait time period and wherein each of the first maximum UE wait time period and the second maximum UE wait time period encompasses receipt of pending uplink data at the UE, the UE sending a scheduling request to the wireless network, and the UE receiving an uplink grant in response to the scheduling request and further includes any intervening time caused by components of the UE being in a powered down state during the DRx process, modify, when the UE is in the power saving mode, DRx parameters for the UE based on the specified first maximum UE wait time period, and modify, when the UE is in the low latency mode, the DRx parameters for the UE based on the specified second maximum UE wait time period. 9. A device, comprising: a communication interface configured to receive a message associated with creating a session in a wireless network for a User Equipment device (UE); and a processing unit configured to: determine a mode of the UE, wherein the determined mode comprises one of multiple different modes and wherein the multiple different modes comprise a power saving mode and a low latency mode, determine performance requirements associated with a Quality of Service (Qos) further associated with the session, specify, when the determined mode of the UE comprises the power saving mode, a first maximum UE wait time associated with a discontinuous reception (DRx) process involving the UE, specify, when the determined mode of the UE comprises the low latency mode, a second maximum UE wait time associated with the DRx process involving the UE, wherein the first maximum UE wait time comprises a first maximum time period, and the second maximum UE wait time comprises a second maximum time period, with each of the first maximum time period and the second time period encompassing receipt of pending uplink data at the UE, the UE sending a scheduling request to the wireless network, and the UE receiving an uplink grant in response to the scheduling request, and further includes any intervening time caused by components of the UE being in a powered down state during the DRx process and wherein the second maximum time period comprises a shorter time period than the first maximum time period, modify, when the determined mode of the UE comprises the power saving mode, DRx discontinuous reception (DRx) parameters for the UE based on the determined performance requirements and the specified first maximum UE wait time, and modify, when the determined mode of the UE comprises the low latency mode, the DRx parameters for the UE based on the determined performance requirements and the specified second maximum UE wait time, and instruct the UE to perform the DRx process using the modified DRx parameters. 10. The device of claim 9, wherein the processing unit is further configured to: determine performance requirements associated with a Quality of Service (QOS) further associated with the session, wherein modifying the DRx parameters for the UE is further based on the determined performance requirements. 10. The device of claim 9, wherein, when instructing the UE to perform the DRx process, the processing unit is further configured to: generate DRx instructions that include the modified DRx parameters; and send, via the communication interface, the DRx instructions to the UE to instruct the UE to perform the DRx process using the modified DRx parameters. 12. The device of claim 10, wherein the QoS associated with the session is identified by a QoS Class ID (QCI) or a Fifth Generation QoS ID (5QI) included in the message. 11. The device of claim 9, wherein the QoS associated with the session is identified by a QoS Class ID (QCI) or a Fifth Generation QoS ID (5QI) included in the message. 11. The device of claim 10, wherein, when modifying the DRx parameters for the UE, the processing unit is further configured to: modify at least one of an On Duration Timer, a DRx Short Cycle Timer, a DRx Inactivity Timer, or a DRx Retransmission timer to satisfy the determined performance requirements. 12. The device of claim 9, wherein, when modifying the DRx parameters for the UE, the processing unit is further configured to: modify at least one of an On Duration Timer, a DRx Short Cycle Timer, a DRx Inactivity Timer, or a DRx Retransmission timer to satisfy the determined performance requirements. 15. The device of claim 9, wherein the wireless network comprises a mobile wireless network and wherein, when modifying the DRx parameters, the processing unit is further configured to: modify the DRx parameters further based on whether the UE is currently being serviced by a Stand Alone (SA) mobile wireless network or by a Non-Stand Alone (NSA) mobile wireless network. 13. The device of claim 9, wherein the wireless network comprises a mobile wireless network and wherein, when modifying the DRx parameters, the processing unit is further configured to: modify the DRx parameters further based on whether the UE is currently being serviced by a Stand Alone (SA) mobile wireless network or by a Non-Stand Alone (NSA) mobile wireless network. 16. The device of claim 9, wherein the processing unit is further configured to: determine performance requirements associated with a Quality of Service (QOS) further associated with the session; and obtain a network slicing identifier (ID) that identifies a network slice of the wireless network that services the session for the UE, wherein, when determining the performance requirements, the processing unit is further configured to: determine further ones of the performance requirements based on the network slicing ID. 14. The device of claim 9, wherein the processing unit is further configured to: obtain a network slicing ID that identifies a network slice of the wireless network that services the session for the UE, wherein, when determining the performance requirements, the processing unit is further configured to: determine further ones of the performance requirements associated with the network slicing ID. 17. The device of claim 9, wherein the processing unit is further configured to: determine performance requirements associated with a Quality of Service (QOS) further associated with the session, wherein, when modifying, when the UE is in the power saving mode or the low latency mode, the DRx parameters for the UE, the processing unit is further configured to: modify at least one of a DRx Inactivity Timer or a DRx Retransmission timer to satisfy the determined performance requirements, wherein the DRx Inactivity Timer comprises a timer value that specifies how long a receiver of the UE should remain powered on before powering down after receipt of a signal on a control channel, and wherein the DRx Retransmission timer comprises a timer value that specifies a period of time that the UE should remain active to wait on an incoming retransmission after a first available retransmission time. 15. The device of claim 9, wherein, when modifying, when the determined mode comprises the power saving mode or when the determined mode comprises the low latency mode, the DRx parameters for the UE, the processing unit is further configured to: modify at least one of a DRx Inactivity Timer or a DRx Retransmission timer to satisfy the determined performance requirements, wherein the DRx Inactivity Timer comprises a timer value that specifies how long a receiver of the UE should remain powered on before powering down after receipt of a signal on a control channel, and wherein the DRx Retransmission timer comprises a timer value that specifies a period of time that the UE should remain active to wait on an incoming retransmission after a first available retransmission time. 18. A non-transitory storage medium storing instructions executable by a device of a wireless network, wherein execution of the instructions causes the device to: receive a message associated with creating a session for a User Equipment device (UE); determine when the UE is in a power saving mode or a low latency mode; specify, when the UE is in the power saving mode, a first maximum UE wait time period associated with a discontinuous reception (DRx) process involving the UE; specify, when the UE is in the low latency mode, a second maximum UE wait time period associated with the DRx process involving the UE, wherein the second maximum UE wait time period comprises a shorter time period than the first maximum UE wait time period and wherein each of the first maximum UE wait time period and the second maximum UE wait time period encompasses receipt of pending uplink data at the UE, the UE sending a scheduling request to the wireless network, and the UE receiving an uplink grant in response to the scheduling request and further includes any intervening time caused by components of the UE being in a powered down state during the DRx process; modify, when the UE is in the power saving mode, DRx parameters for the UE based on the specified first maximum UE wait time period; and modify, when the UE is in the low latency mode, the DRx parameters for the UE based on the specified second maximum UE wait time period. 16. A non-transitory storage medium storing instructions executable by a device, wherein execution of the instructions cause the device to: receive a message associated with creating a session in a wireless network for a User Equipment device (UE); determine a mode of the UE, wherein the determined mode comprises one of multiple different modes and wherein the multiple different modes comprise a power saving mode and a low latency mode; determine performance requirements associated with a Quality of Service (QOS) further associated with the session; specify, when the determined mode of the UE comprises the power saving mode, a first maximum UE wait time associated with a discontinuous reception (DRx) process involving the UE; specify, when the determined mode of the UE comprises the low latency mode, a second maximum UE wait time associated with the DRx process involving the UE, wherein the first maximum UE wait time comprises a first maximum time period, and the second maximum UE wait time comprises a second maximum time period, with each of the first maximum time period and the second time period encompassing receipt of pending uplink data at the UE, the UE sending a scheduling request to the wireless network, and the UE receiving an uplink grant in response to the scheduling request, and further includes any intervening time caused by components of the UE being in a powered down state during the DRx process and wherein the second maximum time period comprises a shorter time period than the first maximum time period; modify, when the determined mode of the UE comprises the power saving mode, DRx parameters for the UE based on the determined performance requirements and the specified first maximum UE wait time; and modify, when the determined mode of the UE comprises the low latency mode, the DRx parameters for the UE based on the determined performance requirements and the specified second maximum UE wait time; and instruct the UE to perform the DRx process using the modified DRx parameters. 19. The non-transitory storage medium of claim 18, wherein execution of the instructions further causes the device to: determine performance requirements associated with a Quality of Service (QOS) further associated with the session, wherein, when modifying the DRx parameters for the UE, execution of the instructions further causes the device to: modify at least one of an On Duration Timer, a DRx Short Cycle Timer, a DRx Inactivity Timer, or a DRx Retransmission timer to satisfy the determined performance requirements. 17. The non-transitory storage medium of claim 16, wherein the instructions to cause the device to modify the DRx parameters for the UE further comprise instructions to cause the device to: modify at least one of an On Duration Timer, a DRx Short Cycle Timer, a DRx Inactivity Timer, or a DRx Retransmission timer to satisfy the determined performance requirements. 20. The non-transitory storage medium of claim 18, wherein execution of the instructions further causes the device to: instruct the UE to perform the DRx process using the modified DRx parameters, wherein, when instructing the UE to perform the DRx process, execution of the instructions further cause the device to: generate DRx instructions that include the modified DRx parameters; and send the DRx instructions to the UE to instruct the UE to perform the DRx process using the modified DRx parameters. 20. The non-transitory storage medium of claim 16, wherein the instructions to cause the device to modify, when the determined mode comprises the power saving mode or when the determined mode comprises the low latency mode, the DRx parameters for the UE further comprise instructions to cause the device to: modify at least one of a DRx Inactivity Timer or a DRx Retransmission timer to satisfy the determined performance requirements, wherein the DRx Inactivity Timer comprises a timer value that specifies how long a receiver of the UE should remain powered on before powering down after receipt of a signal on a control channel, and wherein the DRx Retransmission timer comprises a timer value that specifies a period of time that the UE should remain active to wait on an incoming retransmission after a first available retransmission time. Claims 1-20rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No.12,150,200. Although the claims at issue are not identical, they are not patentably distinct from each other because the each of the claims are directed toward discontinuous reception (DRx) involving a process of turning off a device's receiver when the device does not expect to receive incoming messages. DRx, due to powering down the components of the receiver, reduces power drain on the device's battery. The patent claims a more specific of the UE modifying, by the device when the determined mode of the UE comprises the low latency mode, the DRx parameters for the UE based on the determined performance requirements and the specified second maximum UE wait time; and instructing, by the device, the UE to perform the DRx process using the modified DRx parameters. The instant application has broader representation of the modification when the UE is in the power saving mode, DRx parameters for the UE based on the specified first maximum UE wait time period; and modify, when the UE is in the low latency mode, the DRx parameters for the UE based on the specified second maximum UE wait time period. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON A HARLEY whose telephone number is (571)270-5435. The examiner can normally be reached 7:30-300 6:30-8:30. 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, Marcus Smith can be reached at (571) 270-1096. 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. /JASON A HARLEY/Examiner, Art Unit 2468
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Prosecution Timeline

Oct 16, 2024
Application Filed
Aug 19, 2026
Non-Final Rejection mailed — §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+31.5%)
4y 1m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 662 resolved cases by this examiner. Grant probability derived from career allowance rate.

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