Prosecution Insights
Last updated: August 17, 2026
Application No. 18/929,231

CUSTOMIZED FRONT-HAUL FOR CELLULAR NON-TERRESTRIAL NETWORK SYSTEMS

Non-Final OA §103
Filed
Oct 28, 2024
Priority
Jun 21, 2024 — provisional 63/662,879
Examiner
TAYLOR, BARRY W
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Dish Wireless LLC
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
719 granted / 956 resolved
+13.2% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
979
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
64.2%
+24.2% vs TC avg
§102
16.3%
-23.7% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 956 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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 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. 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. 1. Claims 1, 4, 7, 13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Stephan et al (2024/0292382) in view of Lee et al (2024/0171265). Regarding claims 1 and 13. Stephan teaches a method and a non-terrestrial cellular network system, comprising: a satellite, comprising a radio unit (RU), the satellite functioning as part of a cellular network (figure 3, 0008-0010 – satellite only has RU and the function of the DU is integrated in the gateway on the ground, 0024 – the RU, which carries out the attachment of UEs, is onboard a satellite and the DU and CU are integrated into the gateway on the ground, 0052 – satellite carries onboard the RU of a radio access network RAN according to the 5G standard (e.g., satellite functioning as part of the cellular network), figure 5, 0110-0117 – Satellite comprises a RU and the ground gateway comprises DU and comprises a device 200 for controlling the connection); and a gateway system, comprising a distributed unit (DU) and a configuration manager, wherein the configuration manager is configured to (figure 3, 0008-0010 – satellite only has RU and the function of the DU is integrated in the gateway on the ground, 0024 – the RU, which carries out the attachment of UEs, is onboard a satellite and the DU and CU are integrated into the gateway on the ground, 0052 – satellite carries onboard the RU of a radio access network RAN according to the 5G standard (e.g., satellite functioning as part of the cellular network), figure 5, 0110-0117 – Satellite comprises a RU and the ground gateway comprises DU and comprises a device 200 for controlling the connection): determine a characteristic of the non-terrestrial cellular network system (0127 – the DU carries out the encoding/decoding, assigns bandwidth to the connection over the link Rl1 and detects the data packet losses (e.g,. characteristic of the NTN network); analyze the characteristic of the non-terrestrial cellular network system (0127 – the DU carries out the encoding/decoding, assigns bandwidth to the connection over the link Rl1 and detects the data packet losses (e.g,. characteristic of the NTN network); Stepan does not teach but Lee teaches transmit one or more updated parameters to the RU of the satellite in response to analyzing the characteristic (figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A), wherein: the RU of the satellite is configured to update functionality based on the one or more updated parameters (figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A)); and the RU of the satellite is configured to communicate with a plurality of user equipment (UEs) in accordance with the updated one or more parameters (figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A)). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan to use information related to satellite orbit(s) as taught by Lee in order to enable the gateway to accurately determine satellite location with respect to a target region (e.g., particular land mass, country, city, shipping channel or other area of interest) and dynamically in real-time control the coverage area of the satellite. Regarding claims 4 and 16. Stephan does not teach wherein the updated parameters include an adjustment to a beamforming pattern of the RU. Lee teaches at figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan to use information related to satellite orbit(s) as taught by Lee in order to enable the gateway to accurately determine satellite location with respect to a target region (e.g., particular land mass, country, city, shipping channel or other area of interest) and dynamically in real-time control the coverage area of the satellite. Regarding claims 7 and 17. Stephan does not teach wherein the characteristic of the non-terrestrial cellular network system comprises a location of the satellite in orbit. Stepan does not teach but Lee teaches transmit one or more updated parameters to the RU of the satellite in response to analyzing the characteristic (figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A), wherein: the RU of the satellite is configured to update functionality based on the one or more updated parameters (figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A)); and the RU of the satellite is configured to communicate with a plurality of user equipment (UEs) in accordance with the updated one or more parameters (figure 1, 0052 – the gateway controller 30 can determine which of the satellites has an inclined orbit that reaches a particular distance from the target region, and the controller 30, and the controller can cause the satellite to tilt the boresight of its antenna 22 at or near the target region to increase coverage at the target region. In an embodiment, the gateway controller 30 can cause the satellite 12 to adjust the coverage area CA by sending updated programming instructions to the respective satellite controller 20 which communicates with a plurality of UEs 16 (figure 1, 0029), 0028 – gateway controller 30 sends instructions to the satellite controller 20 to instruct the satellite controller how to operate the satellite, figure 10, 0053-0054 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to adjust beam coverage, figure 11, 0055-0056 – gateway controller uses the location of the satellite in orbit and sends updated parameters to the satellite to shift the coverage from over the Pacific Ocean to over the coast of South America which has higher user population. 0062 – gateway controller can send commands to satellite(s) in order to shut off one or more satellites in certain areas to prevent interference, 0063 and 0069 – gateway controller can use user density information (e.g., number of users) to control the satellite coverage area, 0036 – target regions include a particular land mass, country, city, shipping channel, or other area of interest, figures 5-8, 0037-0038 – target region, for example, Alaska … gateway controls satellite to adjust coverage area to Alaska verses over the Pacific Ocean where coverage is generally not need over the ocean, figure 9A)). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan to use information related to satellite orbit(s) as taught by Lee in order to enable the gateway to accurately determine satellite location with respect to a target region (e.g., particular land mass, country, city, shipping channel or other area of interest) and dynamically in real-time control the coverage area of the satellite. 2. Claims 2-3 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Dybdal (6,055,431). Regarding claims 2 and 14. Stephan in view of Lee do not explicitly teach wherein the updated parameters include an adjustment to an advanced sleep mode (ASM) setting of the RU that causes one or more components of the RU to be powered down. However, Lee teaches the gateway sends a command that shuts off one or more satellites in certain areas to prevent interference (0062). Dybdal teaches the ground gateway sends commands to the satellite to dynamically turn on/off one or more components of the satellite (col. 2 line 60 – col. 3 line 9) wherein the determination to turn on/off components of the satellite depend upon the number of users, or regions without any users, such as vast tracks of ocean (col. 2 lines 29-44, col. 5 lines 1-10). It would have been extremely obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to turn off/on components of the satellite as taught by Dybdal thereby saving on orbit prime power, when the satellite passes over areas of little or no use, such as in vast tracks of ocean (Dybdal at col. 5 lines 1-10). Regarding claims 3 and 15. Stephan in view of Lee do not explicitly teach after transmitting the one or more updated parameters to the RU of the satellite in response to analyzing the characteristic, transmit an additional updated parameter to the RU comprising a wake-up command that adjusts the ASM setting and causes the one or more components of the RU at the satellite to be powered up. Dybdal teaches the ground gateway sends commands to the satellite to dynamically turn on/off one or more components of the satellite (col. 2 line 60 – col. 3 line 9) wherein the determination to turn on/off components of the satellite depend upon the number of users, or regions without any users, such as vast tracks of ocean (col. 2 lines 29-44, col. 5 lines 1-10). It would have been extremely obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to turn off/on components of the satellite as taught by Dybdal thereby saving on orbit prime power, when the satellite passes over areas of little or no use, such as in vast tracks of ocean (Dybdal at col. 5 lines 1-10). 3. Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Sun et al (2024/00482228). Regarding claim 5. Stephan in view of Lee do not teach wherein the updated parameters include an adjustment to a subcarrier spacing (SCS) at the RU. Sun teaches the ground station configures SCS based upon the position of the satellite (0034-0038, 0135). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to use satellite position as taught by Sun in order to update SCS based upon satellite position, speed and direction. Regarding claim 6. Stephan in view of Lee do not teach wherein the updated parameters include an adjustment to a channel bandwidth at the RU. Sun teaches the ground station configures SCS based upon the position of the satellite (0034-0038, 0135) wherein the selected SCS supports a channel bandwidth configuration (0057).. It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to use satellite position as taught by Sun in order to update SCS based upon satellite position, speed and direction wherein the SCS supports a channel bandwidth configuration. 4. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Jong et al (2017/0251379). Regarding claim 8. Stephan in view of Lee do not teach wherein the characteristic of the non-terrestrial cellular network system comprises an amount of UE traffic on the cellular network. Jong teaches determining the total number of UEs communicating with the satellite which is used to dynamically adjust satellite beams (0035). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to determine UE traffic as taught by Jong in order to adjust satellite beam(s) based on UE traffic. 5. Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Porcelli et al (6,333,924). Regarding claims 9 and 18. Stephan in view of Lee do not teach wherein the characteristic of the non-terrestrial cellular network system comprises a beam-forming pattern of an antenna array of the satellite. Porcelli taches using an adjustable phased array communication antenna on the satellite which is controlled in various ways to achieve a desired beam coverage wherein ground gateway controls the adjustable phased array based on market changes during the lifetime of the satellite (col. 11 lines 1-40, see claim 20 – wherein each of the satellites comprise a phased array antenna operative to change said satellite’s overall beam pattern in response to commands based on the location of said satellite in orbit). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to use adjustable phased array communication antenna on the satellite as taught by Porcelli in order to enable the ground gateway to dynamically adjust the phased array as the market changes. 6. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Irani (2018/0013486). Regarding claim 10. Stephan in view of Lee do not teach wherein the RU of the satellite comprises a software-defined radio (SDR). Irani teaches advanced software defined radio (SDR) can be used in satellite (0115) which allows for re-configurability, better interoperability and reduced interference, increased security capabilities for certain applications (0116-0122) thereby providing adaptive coverage depending on satellite location, traffic demand and spectrum environment (0044). It would have been extremely obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to use SDR at the satellite as taught by Irani thereby providing adaptive coverage depending on satellite location and/or traffic demand. 7. Claims 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Bay (2007/0085735). Regarding claims 11 and 19. Stephan in view of Lee do not teach wherein the one or more parameters comprises clock synchronization between the radio unit and the distributed unit. Bay teaches the position data of the satellite may include synchronization information (0029). Upon calculating the position of the satellite, the ground gateway generates and provides a satellite position message to the satellite. As noted above, the satellite position message includes the calculated position data. Preferably, however, the position message also includes clock synchronization information for updating and synchronizing of the satellite clock with the ground gateway (0040). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to include clock synchronization information in the message as taught by Bay thereby updating and synchronizing the satellite clock with the ground gateway. 8. Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stephan in view of Lee further in view of Williamson et al (10,506,483). Regarding claim 12 and 20. Stephan in view of Lee do not teach wherein the one or more parameters comprises a transmit buffer size, receive buffer size, or both at the radio unit. Williamson teaches the size of the buffer may be selected to be sufficient to accommodate the maximum possible path delay differential between incoming and outgoing satellites (col. 11 line 62 – col. 12 line 3). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Stephan in view of Lee to select buffer size as taught by Williamson thereby selecting the buffer size to be sufficient to accommodate the maximum possible path delay differential between incoming and outgoing satellites. Conclusion 9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ---(2024/0179653) Wu et al teaches using satellite distance information to adjust TX/RX buffer(s) (0008, 0024). 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5. 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, Matthew Anderson can be reached at 571-272-4177. 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. /BARRY W TAYLOR/Primary Examiner, Art Unit 2646
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Prosecution Timeline

Oct 28, 2024
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
80%
With Interview (+4.6%)
2y 6m (~9m remaining)
Median Time to Grant
Low
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