Prosecution Insights
Last updated: August 17, 2026
Application No. 18/948,633

DUAL SUBSCRIBER IDENTITY MODULE RADIO DEVICE AND SERVICE RECOVERY METHOD

Non-Final OA §DP
Filed
Nov 15, 2024
Priority
Aug 20, 2021 — continuation of 11/924,896 +1 more
Examiner
CASCA, FRED A
Art Unit
Tech Center
Assignee
AT&T Intellectual Property I L.P.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
541 granted / 640 resolved
+24.5% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
18 currently pending
Career history
653
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
65.3%
+25.3% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 640 resolved cases

Office Action

§DP
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 . The Specification and drawings have been accepted by examiner. The IDS has been considered by examiner. Double Patenting The nonstatutory 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 11,924896. Take an example of comparing claim 1 of pending application and claim 1 of Patent No. 11,924896. The table below shows a direct comparison and mapping of the claims of the instant application and claims of the Patent. Claims of the instant application: 1.A radio device, comprising: a first subscriber identity module; a second subscriber identity module; radio resources; a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising: pausing or suspending activities of a second communications network connection associated with the second subscriber identity module responsive to communications activity on a first communications network connection associated with the first subscriber identity module; blocking use of the radio resources by the second communications network connection; and responsive to completing the communications activity on the first communications network connection, recovering an activity of the activities of the second communications network connection. . Claims of the Patent No. 11,924896 1. A radio device, comprising: first and second subscriber identity modules; radio resources; a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising: establishing a first communications network connection associated with the first subscriber identity module; establishing a second communications network connection associated with the second subscriber identity module; determining a communications activity on the first communications network connection; pausing or suspending activities of the second communications network connection; blocking use of the radio resources by the second communications network connection; and responsive to completing the communications activity on the first communications network connection, recovering an activity of the activities of the second communications network connection. . As it can be seen in the table above, independent claim 1 of Patent include all the limitations of independent claim 1 of the instant application plus additional limitations with a few wording variations. One skilled in the art would recognize that the minor word variations are obvious and they can easily be interchanged. The underlined portion in the patent claims is additional material not present in the claims of the instant application. Further independent claims 10 and 17 of the instant application are similarly rejected based on independent claim 10 and 17 of the patent 11924896. See the table below for comparison. Claims of the instant application: 10. A non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: pausing or suspending activities of a second communications network connection associated with a second subscriber identity module of a radio device responsive to communications activity on a first communications network connection associated with a first subscriber identity module of the radio device; and blocking use of a radio resource of the radio device by the second communications network connection; and recovering an activity of the activities of the second communications network connection responsive to completing the communications activity on the first communications network connection. Claims of the Patent No. 11924896 10. A non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: establishing a first communications network connection associated with a first subscriber identity module; establishing a second communications network connection associated with a second subscriber identity module; determining a communications activity on the first communications network connection; pausing or suspending activities of the second communications network connection; and blocking use of radio resources by the second communications network connection; and recovering an activity of the activities of the second communications network connection based on a last known saved state information. Independent claims 10 and 17 of Patent include all the limitations of independent claims 10 and 17 of the instant application with a few wording variations and the variation in the preamble. Additionally, the Patent claim has additional limitations as presented in bold. One skilled in the art would recognize that the minor word variations are obvious and they can easily be interchanged. The underlined elements in the patent claims are additional material not present in the claims of the instant application. Dependent claims 2-9, 11-16 and 18-19 are identical to patent 11924896 claims 2-9, 11-16 and 18-19. See the table below for dependent claims: Claims of the instant application: 2. The radio device of claim 1, wherein the operations further comprise: releasing the radio resources. 3. The radio device of claim 2, wherein the operations further comprise: restoring the activities of the second communications network connection. 4. The radio device of claim 3, wherein the operations further comprise: starting a radio silence timer when the radio resources are blocked. 5. The radio device of claim 4, further comprising resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 6. The radio device of claim 4, wherein the operations further comprise storing last known saved state information of the activity. 7. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises initiating a voice call. 8. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises receiving a voice call. 9. The radio device of claim 1, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 11. The non-transitory, machine-readable medium of claim 10, wherein the operations further comprise: completing the communications activity on the first communications network connection; and releasing the radio resource. 12. The non-transitory, machine-readable medium of claim 11, wherein the operations further comprise: restoring the activities of the second communications network connection. 13. The non-transitory, machine-readable medium of claim 12, wherein the operations further comprise: starting a radio silence timer when the radio resource is blocked. 14. The non-transitory, machine-readable medium of claim 13, wherein the restoring comprises resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 15. The non-transitory, machine-readable medium of claim 13, wherein the operations further comprise storing last known saved state information. 16. The non-transitory, machine-readable medium of claim 11, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 18. The method of claim 17, comprising: completing, by the processing system, the communications activity on the first communications network connection; and releasing, by the processing system, the radio resources. 19. The method of claim 18, comprising: restoring, by the processing system, the activities of the second communications network connection. 20. The method of claim 17, wherein further comprising storing last known saved state information. Claims of the Patent No. 11924896 2. The radio device of claim 1, wherein the operations further comprise: releasing the radio resources for use by the second communications network connection. 3. The radio device of claim 2, wherein the operations further comprise: restoring the activities of the second communications network connection. 4. The radio device of claim 3, wherein the operations further comprise: starting a radio silence timer when the radio resources are blocked. 5. The radio device of claim 4, further comprising resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 6. The radio device of claim 4, wherein the operations further comprise storing the last known saved state information of the activity. 7. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises initiating a voice call. 8. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises receiving a voice call. 9. The radio device of claim 1, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 11. The non-transitory, machine-readable medium of claim 10, wherein the operations further comprise: completing the communications activity on the first communications network connection; and releasing the radio resources for use by the second communications network connection. 12. The non-transitory, machine-readable medium of claim 11, wherein the operations further comprise: restoring the activities of the second communications network connection. 13. The non-transitory, machine-readable medium of claim 12, wherein the operations further comprise: starting a radio silence timer when the radio resources are blocked. 14. The non-transitory, machine-readable medium of claim 13, wherein the restoring comprises resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 15. The non-transitory, machine-readable medium of claim 13, wherein the operations further comprise storing the last known saved state information. 16. The non-transitory, machine-readable medium of claim 11, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 18. The method of claim 17, comprising: completing, by the processing system, the communications activity on the first communications network connection; and releasing, by the processing system, the radio resources for use by the second communications network connection. 19. The method of claim 18, comprising: restoring, by the processing system, the activities of the second communications network connection. 20. The method of claim 17, wherein further comprising storing the last known saved state information. Further, claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12,185401. Take an example of comparing claim 1 of pending application and claim 1 of Patent No. 11,924896. The table below shows a direct comparison and mapping of the claims of the instant application and claims of the Patent. Claims of the instant application: 1.A radio device, comprising: a first subscriber identity module; a second subscriber identity module; radio resources; a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising: pausing or suspending activities of a second communications network connection associated with the second subscriber identity module responsive to communications activity on a first communications network connection associated with the first subscriber identity module; blocking use of the radio resources by the second communications network connection; and responsive to completing the communications activity on the first communications network connection, recovering an activity of the activities of the second communications network connection. . Claims of the Patent No. 12,185401 1.A radio device, comprising: first and second subscriber identity modules; radio resources; a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising: determining a communications activity on a first communications network connection associated with the first subscriber identity module; pausing or suspending activities of a second communications network connection associated with the second subscriber identity module; blocking use of the radio resources by the second communications network connection; and responsive to completing the communications activity on the first communications network connection, recovering an activity of the activities of the second communications network connection based on a last known saved state information. As it can be seen in the table above, independent claim 1 of Patent include all the limitations of independent claim 1 of the instant application plus additional limitations with a few wording variations. One skilled in the art would recognize that the minor word variations are obvious and they can easily be interchanged. The underlined portion in the patent claims are additional material not present in the claims of the instant application. Further independent claims 10 and 17 of the instant application are similarly rejected based on independent claim 10 and 17 of the patent 11924896. See the table below for comparison. Claims of the instant application: 10. A non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: pausing or suspending activities of a second communications network connection associated with a second subscriber identity module of a radio device responsive to communications activity on a first communications network connection associated with a first subscriber identity module of the radio device; and blocking use of a radio resource of the radio device by the second communications network connection; and recovering an activity of the activities of the second communications network connection responsive to completing the communications activity on the first communications network connection. 17. A method, comprising: pausing or suspending, by a processing system comprising a processor, activities of a second communications network connection associated with a second subscriber identity module in a radio device responsive to communication activities on a first communications network connection associated with a first subscriber identity module of the radio device; blocking, by the processing system, the second communications network connection from using radio resources used by a communications activity on the first communications network connection associated with the first subscriber identity module in the radio device; and recovering, by the processing system, an activity of the activities of the second communications network connection responsive to completing the communications activity on the first communications network connection. Claims of the Patent No. 12185401 10. A non-transitory, machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: determining a communications activity on a first communications network connection associated with a first subscriber identity module of a radio device; pausing or suspending activities of a second communications network connection associated with a second subscriber identity module of the radio device; and blocking use of radio resources of the radio device by the second communications network connection; and recovering an activity of the activities of the second communications network connection based on a last known saved state information responsive to completing the communications activity on the first communications network connection. 17. A method, comprising: determining by a processing system comprising a processor, a communications activity on a first communications network connection associated with a first subscriber identity module of a radio device; pausing or suspending, by the processing system, activities of a second communications network connection associated with a second subscriber identity module in the radio device; blocking, by the processing system, the second communications network connection from using radio resources used by the communications activity on the first communications network connection associated with the first subscriber identity module in the radio device; and recovering, by the processing system, an activity of the activities of the second communications network connection based on a last known saved state information responsive to completing the communications activity on the first communications network connection. Independent claims 10 and 17 of Patent include all the limitations of independent claims 10 and 17 of the instant application with a few wording variations and the variation in the preamble. Additionally, the Patent claim has additional limitations as presented in bold. One skilled in the art would recognize that the minor word variations are obvious and they can easily be interchanged. The underlined elements in the patent claims are additional material not present in the claims of the instant application. Dependent claims 2-9, 11-16 and 18-19 are identical to patent 11924896 claims 2-9, 11-16 and 18-19. See the table below for dependent claims: Claims of the instant application: 2. The radio device of claim 1, wherein the operations further comprise: releasing the radio resources. 3. The radio device of claim 2, wherein the operations further comprise: restoring the activities of the second communications network connection. 4. The radio device of claim 3, wherein the operations further comprise: starting a radio silence timer when the radio resources are blocked. 5. The radio device of claim 4, further comprising resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 6. The radio device of claim 4, wherein the operations further comprise storing last known saved state information of the activity. 7. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises initiating a voice call. 8. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises receiving a voice call. 9. The radio device of claim 1, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 11. The non-transitory, machine-readable medium of claim 10, wherein the operations further comprise: completing the communications activity on the first communications network connection; and releasing the radio resource. 12. The non-transitory, machine-readable medium of claim 11, wherein the operations further comprise: restoring the activities of the second communications network connection. 13. The non-transitory, machine-readable medium of claim 12, wherein the operations further comprise: starting a radio silence timer when the radio resource is blocked. 14. The non-transitory, machine-readable medium of claim 13, wherein the restoring comprises resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 15. The non-transitory, machine-readable medium of claim 13, wherein the operations further comprise storing last known saved state information. 16. The non-transitory, machine-readable medium of claim 11, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 18. The method of claim 17, comprising: completing, by the processing system, the communications activity on the first communications network connection; and releasing, by the processing system, the radio resources. 19. The method of claim 18, comprising: restoring, by the processing system, the activities of the second communications network connection. 20. The method of claim 17, wherein further comprising storing last known saved state information. Claims of the Patent No. 12185401 2. The radio device of claim 1, wherein the operations further comprise: releasing the radio resources. 3. The radio device of claim 2, wherein the operations further comprise: restoring the activities of the second communications network connection. 4. The radio device of claim 3, wherein the operations further comprise: starting a radio silence timer when the radio resources are blocked. 5. The radio device of claim 4, further comprising resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 6. The radio device of claim 4, wherein the operations further comprise storing the last known saved state information of the activity. 7. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises initiating a voice call. 8. The radio device of claim 1, wherein the communications activity on the first communications network connection comprises receiving a voice call. 9. The radio device of claim 1, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 11. The non-transitory, machine-readable medium of claim 10, wherein the operations further comprise: completing the communications activity on the first communications network connection; and releasing the radio resources. 12. The non-transitory, machine-readable medium of claim 11, wherein the operations further comprise: restoring the activities of the second communications network connection. 13. The non-transitory, machine-readable medium of claim 12, wherein the operations further comprise: starting a radio silence timer when the radio resources are blocked. 14. The non-transitory, machine-readable medium of claim 13, wherein the restoring comprises resuming a paused activity of the second communications network connection based on an elapsed time of the radio silence timer. 15. The non-transitory, machine-readable medium of claim 13, wherein the operations further comprise storing the last known saved state information. 16. The non-transitory, machine-readable medium of claim 11, wherein the processing system comprises a plurality of processors operating in a distributed computing environment. 18. The method of claim 17, comprising: completing, by the processing system, the communications activity on the first communications network connection; and releasing, by the processing system, the radio resources. 19. The method of claim 18, comprising: restoring, by the processing system, the activities of the second communications network connection. 20. The method of claim 17, wherein further comprising storing the last known saved state information. Allowable Subject Matter Claim(s) 1-20 would be allowable once Terminal Disclaimers for the for Patents 11,924,896 and 12,185401 have been received and approved. The following is the examiner’s statement of reasons for allowance: Regarding claims 1,10,17, Dhanapal (2020/0304984) disclose a radio device (106 of fig. 2, 3), comprising: first and second subscriber identity modules (para. 0050); radio resources; a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising (fig. 3 comprises processor, memory etc.): establishing a first communications network connection associated with the first subscriber identity module (para. 0097); establishing a second communications network connection associated with the second subscriber identity module (para. 0097); determining a communications activity on the first communications network connection (para. 0099) and blocking use of the radio resources by the second communications network connection (para. 0099 discloses second SIM enter a no-service state interpreted as not using or blocking the RF resources. However, the prior art does not disclose the limitation, “pausing or suspending activities of a second communications network connection associated with the second subscriber identity module responsive to communications activity on a first communications network connection associated with the first subscriber identity module; blocking use of the radio resources by the second communications network connection; and responsive to completing the communications activity on the first communications network connection, recovering an activity of the activities of the second communications network connection” along with other limitations of the independent claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED A CASCA whose telephone number is (571)272-7918. The examiner can normally be reached on Monday through Friday from 9 to 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, Kathy Wang-Hurst, can be reached at (571) 270-5371. 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). /FRED A CASCA/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Nov 15, 2024
Application Filed
Jul 22, 2026
Non-Final Rejection mailed — §DP (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
84%
Grant Probability
98%
With Interview (+13.1%)
3y 0m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 640 resolved cases by this examiner. Grant probability derived from career allowance rate.

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