CTNF 19/061,310 CTNF 85352 DETAILED ACTION 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. Double Patenting 08-33 AIA 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 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. 08-34 AIA Claim s 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,278,771 . Although the claims at issue are not identical, they are not patentably distinct from each other because conflicting claims are in a patent by the same inventive entity. See table below . Furthermore, where claims in the instant application are broader than the claims of the ‘771 patent, it would have been obvious to one of ordinary skill in the art at the time the invention was made to omit elements when the remaining elements perform as before. A person of ordinary skill could have arrived at the present claims by omitting the details of the ‘771 patent claims. See In re Karlson (CCPA) 136 USPQ 184, decided January 16, 1963 ("Omission of element and its function in combination is obvious expedient if remaining elements perform same function as before"). Instant application ‘771 patent Claims 1, 12, 13 (clm 1 exemplary) A method for latency control in a communication network, the method comprising: identifying that a service is currently associated with a user device associated with the communication network , wherein a deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded ; determining a current traffic load of the communication network ; and dynamically adjusting a configuration of the communication network for the service , wherein dynamically adjusting the configuration of the communication network is based on the current traffic load of the communication network Claims 1, 13, 14 (clm 1 exemplary) A method for latency control in a communication network, the method comprising: identifying that a service is currently associated with a user device associated with the communication network , wherein a deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded in that a ratio between a latency requirement parameter value of the service and a corresponding internal latency performance parameter value of the communication network falls within a bounding range, wherein each of the latency requirement parameter and the corresponding internal latency performance parameter is one of: an average duration of transfer, a maximum duration of transfer, and a variance of duration of transfer; and dynamically adjusting a configuration of the communication network for the service to decrease the internal latency performance parameter value for the communication network. Claims 4, 17 (clm 4 exemplary) The method of claim 1, further comprising determining a current traffic load of the communication network , and wherein dynamically adjusting the configuration of the communication network is based on the current traffic load . Claims 2, 14 (clm 2 exemplary) The method of claim 1, wherein dynamically adjusting the configuration of the communication network is performed only for services with bounded deviation between the latency requirement of the service and the internal latency performance of the communication network . Claims 2, 15 (clm 2 exemplary) The method of claim 1, wherein dynamically adjusting the configuration of the communication network is performed only for services with bounded deviation between the latency requirement of the service and the internal latency performance of the communication network . Claims 3, 15 (clm 3 exemplary) The method of claim 1, wherein dynamically adjusting the configuration of the communication network comprises controlling the communication network to provide latencies below a maximum latency threshold for the service . Claims 3, 16 (clm 3 exemplary) The method of claim 1, wherein dynamically adjusting the configuration of the communication network comprises controlling the communication network to provide latencies below a maximum latency threshold for the service . Claims 4, 16 (clm 4 exemplary) The method of claim 1, wherein dynamically adjusting the configuration of the communication network comprises using a first adjustment approach when the current traffic load is less than a first traffic load threshold value, and using a second adjustment approach when the current traffic load is higher than, or equal to, the first traffic load threshold value . Claims 5, 18 (clm 5 exemplary) The method of claim 4, wherein dynamically adjusting the configuration of the communication network comprises using a first adjustment approach when the current traffic load is less than a first traffic load threshold value, and using a second adjustment approach when the current traffic load is higher than, or equal to, the first traffic load threshold value . Claims 5, 17 (clm 5 exemplary) The method of claim 1, wherein dynamically adjusting the configuration of the communication network comprises performing adjustment only when the current traffic load is less than a second traffic load threshold value. Claims 6, 19 (clm 6 exemplary) The method of claim 4, wherein dynamically adjusting the configuration of the communication network comprises performing adjustment only when the current traffic load is less than a second traffic load threshold value . Claims 6, 18 (clm 6 exemplary) The method of claim 1, further comprising monitoring one or more buffers associated with the service, wherein dynamically adjusting the configuration of the communication network is triggered when a buffer size exceeds a buffer size threshold value . Claims 7, 20 (clm 7 exemplary) The method of claim 1 , further comprising monitoring one or more buffers associated with the service, wherein dynamically adjusting the configuration of the communication network is triggered when a buffer size exceeds a buffer size threshold valu e. Claim 7 The method of claim 1, wherein dynamically adjusting the configuration of the communication network for the service comprises one or more of: assigning a bearer dedicated for low latency requirements to the service; increasing a number of resources for initial uplink grant; decreasing a duration between consecutive scheduling request opportunities; decreasing a target error rate; decreasing a coding rate used for retransmissions; decreasing an order of modulation used for retransmissions; decreasing a maximum coding rate; decreasing a maximum order of modulation; using only systematic encoding schemes; decreasing a maximum number of retransmissions; adjusting a duration of one or more timers used for medium access control, MAC, and/or radio link control, RLC, and/or discontinuous reception, DRX; and disabling a measurement gap when it coincides with a retransmission occasion . Claim 8 The method of claim 1, wherein dynamically adjusting the configuration of the communication network for the service comprises one or more of: assigning a bearer dedicated for low latency requirements to the service; increasing a number of resources for initial uplink grant; decreasing a duration between consecutive scheduling request opportunities; decreasing a target error rate; decreasing a coding rate used for retransmissions; decreasing an order of modulation used for retransmissions; decreasing a maximum coding rate; decreasing a maximum order of modulation; using only systematic encoding schemes; decreasing a maximum number of retransmissions; adjusting a duration of one or more timers used for medium access control, MAC, and/or radio link control, RLC, and/or discontinuous reception, DRX; and disabling a measurement gap when it coincides with a retransmission occasion . Claim 8 The method of claim 1, wherein identifying that a service is currently associated with a user device, wherein the deviation between the latency requirement of the service and the internal latency performance of the communication network is bounded, comprises one or more of: detecting that a service class identifier is indicative of the service; detecting that a bearer dedicated for low latency requirements is assigned for the service; and determining that a traffic pattern of the service matches a latency sensitive traffic pattern . Claim 9 The method of claim 1, wherein identifying that a service is currently associated with a user device, wherein the deviation between the latency requirement of the service and the internal latency performance of the communication network is bounded, comprises one or more of: detecting that a service class identifier is indicative of the service; detecting that a bearer dedicated for low latency requirements is assigned for the service; and determining that a traffic pattern of the service matches a latency sensitive traffic pattern . Claim 9 The method of claim 1, wherein the bounded deviation between the latency requirement of the service and the internal latency performance of the communication network comprises one or more of: a ratio between a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network not exceeding a bounding threshold; a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network being in a same order of magnitude; a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network being equal; and a required end-to-end round-trip-time of the service falling within a time range specified relative an internal round-trip-time of the communication network . Claim 10 The method of claim 1, wherein the bounded deviation between the latency requirement of the service and the internal latency performance of the communication network comprises one or more of: a ratio between a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network not exceeding a bounding threshold; a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network being in a same order of magnitude; a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network being equal; and a required end-to-end round-trip-time of the service falling within a time range specified relative an internal round-trip-time of the communication network . Claim 10 The method of claim 1, wherein the service has a maximum allowable latency which is lower than that of mobile broadband, MBB, services and/or higher than that of ultra-reliable low latency communication, URLLC, services . Claim 11 The method of claim 1, wherein the service has a maximum allowable latency which is lower than that of mobile broadband, MBB, services and/or higher than that of ultra-reliable low latency communication, URLLC, services . Claim 11 The method of claim 1, wherein the latency control comprises one or more of: decrease of latency variance associated with the communication network for the user device; decrease of a maximum latency associated with the communication network for the user device; decrease of a number of latency events associated with the communication network for the user device, that exceed a latency threshold value; and decrease of an average latency associated with the communication network for the user device . Claim 12 The method of claim 1, wherein the latency control comprises one or more of: decrease of latency variance associated with the communication network for the user device; decrease of a maximum latency associated with the communication network for the user device; decrease of a number of latency events associated with the communication network for the user device, that exceed a latency threshold value; and decrease of an average latency associated with the communication network for the user device . Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claimed product comprising a non-transitory computer readable medium, having thereon a computer program comprising program instructions , the computer program being loadable into a data processing unit may be software per se and, therefore, non-statutory. To overcome this rejection, applicant is encouraged to amend with substance equivalent to ‘... the computer program being loadable into a data processing unit processor and configured to cause execution of the method according to claim 1 when the computer program is run by the data processing unit processor .’ Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-3 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0288641 to Mildh et al. (“Mildh”) [IDS 2/24/25] in view of U.S. Patent Publication No. 2020/0336945 to Gapin et al. (“Gapin”) [IDS 2/24/25] and further in view of U.S. Patent Publication No. 2024/0323132 to Gilson et al. (“Gilson”) . As to claim 1 , Mildh discloses a method for latency control in a communication network (Mildh: fig 1-7, [0002-111]: fig 1 … high reliability is one of the most important aspects of ultra reliable and low latency communication (URLLC) use cases … in other words, for a URLLC services, the successful in-time transmission of messages needs to be guaranteed for a service up to a given reliability level for the defined latency bound… as illustrated in fig 1 [0007-8] … critical wireless service(s) refer to services with at least one of the following: … one or more lower latency requirements than corresponding latency requirements for a generic data service provided by the network [0072] … network node(s) can be any kind of network nodes … in radio access network, core network, wireless telecommunication network [0094]), the method comprising: identifying that a service is currently associated with a user device associated with the communication network (Mildh: fig 1-7, [0002-111]: methods, devices, systems described herein provide one or more of the following advantages [0019] … network can know what level of reliability it can offer to end users and, in some cases, end users’ applications can adapt their modes of operation to this level of reliability to optimize application performance [0021]). Mildh did not explicitly disclose wherein a deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded. Gapin discloses wherein a deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded. Specifically, Gapin discloses identifying that a service is currently associated with a user device associated with the communication network (Gapin: fig 1-6, [0004-78]: … for example, the application on a UE may communicate a desired constant latency e.g. 50 ms or a latency bound e.g. 45-55 ms also referred to as a latency ranges or latency with a threshold tolerance that a scheduler may consider along with other information such as network conditions to schedule transmission of packets to cause receipt of packets as the desired constant latency [0014]), wherein a deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded (Gapin: fig 1-6, [0004-78]: …scheduler 112 of a base station configured to provide consistent latency in delivery of content to devices 102A-B … receives a consistent latency request from device 102A requesting packets e.g. associated with a particular application be delivered ad a desired latency or within a desired latency range ( a latency requirement of the service ) and scheduler 112 processes various information related to the current conditions ( internal latency performance ) affecting communications ( deviation between ) with the requesting device 102A to make scheduling decisions to cause packets to be received by device 102A at desired latency or within the desired latency ( deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded ) [0024]). Mildh and Gapin are analogous art because they are from the same field of endeavor with respect to latency. Before the effective filing date, for AIA, it would have been obvious to a person of ordinary skill in the art to incorporate the strategies by Gapin into the method by Mildh. The suggestion/motivation would have been to deliver user data using techniques that may prioritize and ensure consistent latency rather than just a best effort or lowest latency (Gapin: [0011]). Mildh did not explicitly disclose determining a current traffic load of the communication network. Gilson discloses determining a current traffic load of the communication network (Gilson: fig 1-5, [0003-145]: ... using network performance and/or latency information as network management mechanisms for data packets ( determining a current traffic load of the communication network ) can assist network devices and/or applications, latency managers, etc. in communicating and negotiating appropriate delivery policies and time frames to more efficiently transfer data packets over a communication network in a timely manner ... and source applications, latency managers, client devices and/or other suitable computing devices may utilize information stored in latency profiles and network reports to anticipate the network resources, bandwidth, and time frames required to successfully transmit data packets within the communication network, and may also dynamically modify routing policies by reprioritizing the transmission of certain data packets, for example by changing/adjusting the respective TTB data for buffered data packets. [0007]). Mildh , Gapin and Gilson are analogous art because they are from the same field of endeavor with respect to latency. Before the effective filing date, for AIA, it would have been obvious to a person of ordinary skill in the art to incorporate the strategies by Gilson into the method by Mildh and Gapin. The suggestion/motivation would have been to provide an entity operating within and/or operatively connected to the network, as a latency manager to gather information from the communication network and/or a service provider to determine which applications have the most impact on customer experience and network performance [0004]). Mildh , Gapin and Gilson further disclose dynamically adjusting a configuration of the communication network for the service, wherein dynamically adjusting the configuration of the communication network is based on the current traffic load of the communication network (Gilson: fig 1-5, [0003-145]: ... a computing device e.g., latency manager, network component, etc. may utilize a metric indicting a ratio of current throughput (... based on the current traffic load of the communication network ) e.g., max throughout, average throughput, instantaneous throughput, etc. to communication path speed e.g., max speed, average speed, instantaneous speed, etc. to gauge an incremental amount of latency incurred by adding a threshold amount of data traffic to the communication path (... based on the current traffic load of the communication network ) [0037] ... using network performance and/or latency information as network management mechanisms for data packets ( see with [0037] above - ... based on the current traffic load of the communication network ) can assist network devices and/or applications, latency managers, etc. in communicating and negotiating appropriate delivery policies and time frames to more efficiently transfer data packets over a communication network in a timely manner ... and source applications, latency managers, client devices and/or other suitable computing devices may utilize information stored in latency profiles and network reports to anticipate the network resources, bandwidth, and time frames required to successfully transmit data packets within the communication network , and may also dynamically modify routing policies by reprioritizing the transmission of certain data packets ( dynamically adjusting a configuration of the communication network for the service ), for example by changing/adjusting the respective TTB data for buffered data packets ( see with [0037] above - wherein dynamically adjusting the configuration of the communication network is based on the current traffic load of the communication network ) [0007]). Same motivation applies as mentioned above to make the proposed modification. As to claim 2 , Mildh , Gapin and Gilson disclose wherein dynamically adjusting the configuration of the communication network is performed only for services with bounded deviation between the latency requirement of the service and the internal latency performance of the communication network (Gapin: fig 1-6, [0004-78]: …scheduler 112 of a base station configured to provide consistent latency in delivery of content to devices 102A-B … receives a consistent latency request from device 102A requesting packets e.g. associated with a particular application be delivered ( performed only for services with bounded deviation ) at a desired latency or within a desired latency range ( a latency requirement of the service ) and scheduler 112 processes various information related to the current conditions ( internal latency performance ) affecting communications ( deviation between ) with the requesting device 102A to make scheduling decisions to cause packets to be received by device 102A at desired latency or within the desired latency ( see with [0047] - dynamically adjusting the configuration of the communication network is performed only for services with bounded deviation between the latency requirement of the service and the internal latency performance of the communication network ) [0024] … once an evaluated performance meets a latency target or bound, system may either maintain or downgrade a QCI as dynamic conditions allow to maintain performance … may dynamically adjust weighting of QCIs to meet desired variation in latency [0047]). For motivation, see rejection of claim 1. As to claim 3 , Mildh , Gapin and Gilson disclose wherein dynamically adjusting the configuration of the communication network comprises controlling the communication network to provide latencies below a maximum latency threshold for the service (Mildh: fig 1-7, [0002-111]: for example, critical services may rely on interference to one or more signals being kept ad a sufficiently low level … configured with interference measurement resource on a relevant spectrum so that it monitors for interference and reports of measured signal level is above threshold [0044] … determine whether reported interference poses a risk for the high reliability communication … node that collects the reports can take any of several actions to mitigate or otherwise respond to the interference [0046]). For motivation, see rejection of claim 1. As to claim 8 , Mildh , Gapin and Gilson disclose wherein identifying that a service is currently associated with a user device, wherein the deviation between the latency requirement of the service and the internal latency performance of the communication network is bounded, comprises one or more of: detecting that a service class identifier is indicative of the service (Gapin: fig 1-6, [0004-78]: … a scheduler schedules traffic first to ensure delivery of packets to a user at a desired latency and, in addition or alternatively, scheduler may change a QoS class identifier (QCI) of packets to a lower value e.g. higher priority to cause rapid transmission once packet is released to the scheduler for scheduling of the transmission [0015]); detecting that a bearer dedicated for low latency requirements is assigned for the service; and determining that a traffic pattern of the service matches a latency sensitive traffic pattern. For motivation, see rejection of claim 1. As to claim 9 , see similar rejection to claim 1 where the method is taught by the method. As to claim 9 , Mildh , Gapin and Gilson further disclose wherein the bounded deviation between the latency requirement of the service and the internal latency performance of the communication network comprises one or more of: a ratio between a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network not exceeding a bounding threshold (Gapin: fig 1-6, [0004-78]: … for example, the application on a UE may communicate a desired constant latency e.g. 50 ms or a latency bound e.g. 45-55 ms also referred to as a latency ranges or latency with a threshold tolerance that a scheduler may consider along with other information such as network conditions to schedule transmission of packets to cause receipt of packets as the desired constant latency [0014] … buffer and release operation may provide consistent 50 ms inter-packet delays as long as the average ( a ratio ) inter-packet delay over the network remains at or below 50 ms ); a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network being in a same order of magnitude; a latency requirement parameter value of the service and an internal latency performance parameter value of the communication network being equal; and a required end-to-end round-trip-time of the service falling within a time range specified relative an internal round-trip-time of the communication network. For motivation, see rejection of claim 1. As to claim 10 , see similar rejection to claims 1 and 9. As to claim 10 , Mildh , Gapin and Gilson further disclose wherein the service has a maximum allowable latency which is lower than that of mobile broadband, MBB, services and/or higher than that of ultra-reliable low latency communication, URLLC, services (Mildh: fig 1-7, [0002-111]: … events may comprise combination of metrics e.g. a first metric going below/above a threshold and/or a second metric going below/above a threshold, etc. [0055] … a node may, upon receiving interference and jamming reports, assess whether interference or jamming poses a threat to URLLC communication and take appropriate action e.g. by adjusting operation of the critical service … take any of several actions to mitigate or otherwise respond [0062] … critical service may correspond to one or URLLC use cases described in 3GPP specification [0072]). For motivation, see rejection of claim 1. As to claim 11 , see similar rejection to claims 1 and 9-10. As to claim 11 , Mildh , Gapin and Gilson further disclose wherein the latency control comprises one or more of: decrease of latency variance associated with the communication network for the user device (Gapin: fig 1-6, [0004-78]: described implementations relate to delivering user data that may prioritize and ensure consistent latency for user data rather than a best effort or lowest latency … further reducing latency variation reduces occurrence of traffic spikes and, as such, by providing consistent latency for media experiences, improve user satisfaction [0011]); decrease of a maximum latency associated with the communication network for the user device; decrease of a number of latency events associated with the communication network for the user device, that exceed a latency threshold value; and decrease of an average latency associated with the communication network for the user device. For motivation, see rejection of claim 1. As to claim 12 , see similar rejection to claim 1 where the product is taught by the method. As to claims 13-15 , see similar rejection to claims 1-3, respectively, where the apparatus is taught by the method . 07-21-aia AIA Claim s 4-6 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0288641 to Mildh et al. (“Mildh”) [IDS 2/24/25] in view of U.S. Patent Publication No. 2020/0336945 to Gapin et al. (“Gapin”) [IDS 2/24/25], U.S. Patent Publication No. 2024/0323132 to Gilson et al. (“Gilson”) and further in view of U.S. Patent Publication No. 2010/0039938 to Sagfors et al. (“Sagfors”) [IDS 2/24/25] . As to claim 4 , Mildh , Gapin and Gilson disclose the method of claim 1. For motivation, see rejection of claim 1. Mildh did not explicitly disclose wherein dynamically adjusting the configuration of the communication network comprises using a first adjustment approach when the current traffic load is less than a first traffic load threshold value, and using a second adjustment approach when the current traffic load is higher than, or equal to, the first traffic load threshold value. Sagfors discloses wherein dynamically adjusting the configuration of the communication network comprises using a first adjustment approach when the current traffic load is less than a first traffic load threshold value (Sagfors: fig 1-9, [0025-137]: defining minimum threshold ( first traffic load threshold value ) and maximum threshold levels for packet queue and, for a packet received by buffer, 2) not performing a congestion avoidance procedure if buffer queue is less than minimum threshold level ( using a first adjustment approach when the current traffic load is less than a first traffic load threshold value ) [0031-32;34]), and using a second adjustment approach when the current traffic load is higher than, or equal to, the first traffic load threshold value (Sagfors: fig 1-9, [0025-137]: 3) if the buffer queue lies between maximum and minimum thresholds ( first traffic load threshold value ) ( … when the current traffic load is higher than, or equal to, the first traffic load threshold value ) , performing congestion avoidance procedure for the packet and not performing procedure for at least one or more subsequent packets (using a second adjustment approach … ) [0035]). Mildh , Gapin , Gilson and Sagfors are analogous art because they are from the same field of endeavor with respect to thresholds. Before the effective filing date, for AIA, it would have been obvious to a person of ordinary skill in the art to incorporate the strategies by Sagfors into the method by Mildh , Gapin and Gilson. The suggestion/motivation would have been to provide thresholds to avoid perceived poor performance by user and inefficient use of a link bandwidth (Sagfors: [0100-101]). As to claim 5 , see similar rejection to claim 4 where the method is taught by the method. As to claim 5 , Mildh , Gapin , Gilson and Sagfors further disclose wherein dynamically adjusting the configuration of the communication network comprises performing adjustment only when the current traffic load is less than a second traffic load threshold value (Sagfors: fig 1-9, [0025-137]: 3) if the buffer queue lies between maximum ( second traffic load threshold value ) and minimum thresholds ( … when the current traffic load is less than a second traffic load threshold value ) , performing congestion avoidance procedure for the packet and not performing procedure for at least one or more subsequent packets ( … performing adjustment only when … ) [0035]). For motivation, see rejection of claim 4. As to claim 6 , see similar rejection to claims 4-5. As to claim 6 , Mildh , Gapin , Gilson and Sagfors further disclose further comprising monitoring one or more buffers associated with the service (Sagfors: fig 1-9, [0025-137]: … queue management of buffers is required for packet data traffic that is time critical such as streaming and may not tolerate excessive delays in delivery of traffic [0025]), wherein dynamically adjusting the configuration of the communication network is triggered when a buffer size exceeds a buffer size threshold value (Sagfors: fig 1-9, [0025-137]: defining minimum threshold (first traffic load threshold value) and maximum threshold ( second traffic load threshold value ) levels for packet queue and, for a packet received by buffer, 1) performing congestion avoidance procedure if the buffer queue exceeds the maximum threshold level ( performing adjustment only when the current traffic load is less than a second traffic load threshold value ) [0031-33]). For motivation, see rejection of claim 4. As to claims 16-18 , see similar rejection to claims 4-6, respectively, where the apparatus is taught by the method . 07-21-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0288641 to Mildh et al. (“Mildh”) [IDS 2/24/25] in view of U.S. Patent Publication No. 2020/0336945 to Gapin et al. (“Gapin”) [IDS 2/24/25], U.S. Patent Publication No. 2024/0323132 to Gilson et al. (“Gilson”) and further in view of U.S. Patent Publication No. 2011/0199934 to Olofsson et al. (“Olofsson”) [IDS 2/24/25] . As to claim 7 , Mildh , Gapin and Gilson disclose the method of claim 1. For motivation, see rejection of claim 1. Mildh did not explicitly disclose wherein dynamically adjusting the configuration of the communication network for the service comprises one or more of: assigning a bearer dedicated for low latency requirements to the service; increasing a number of resources for initial uplink grant; decreasing a duration between consecutive scheduling request opportunities; decreasing a target error rate; decreasing a coding rate used for retransmissions; decreasing an order of modulation used for retransmissions; decreasing a maximum coding rate; decreasing a maximum order of modulation; using only systematic encoding schemes; decreasing a maximum number of retransmissions; adjusting a duration of one or more timers used for medium access control, MAC, and/or radio link control, RLC, and/or discontinuous reception, DRX; and disabling a measurement gap when it coincides with a retransmission occasion. Olofsson discloses wherein dynamically adjusting the configuration of the communication network for the service comprises one or more of: assigning a bearer dedicated for low latency requirements to the service; increasing a number of resources for initial uplink grant; decreasing a duration between consecutive scheduling request opportunities; decreasing a target error rate; decreasing a coding rate used for retransmissions; decreasing an order of modulation used for retransmissions; decreasing a maximum coding rate; decreasing a maximum order of modulation; using only systematic encoding schemes; decreasing a maximum number of retransmissions; adjusting a duration of one or more timers used for medium access control, MAC, and/or radio link control, RLC, and/or discontinuous reception, DRX (Olofsson: fig 1-7, [0019-49]: … one or more settings or parameters of a RAN in a WCDMA communication network configured according to pattern detected in flow of traffic, for example, one or more timers and/or threshold values for throughput and buffer load may be adapted [0035] … RAN initially configured such that an inactivity timer is set to a time(1) … after detecting a pattern of large bursts of traffic load with long periods of inactivity, the value of the inactivity timer is reduced to time(2) such that the time taken until the state is changed is reduced [0036]); and disabling a measurement gap when it coincides with a retransmission occasion. Mildh , Gapin , Gilson and Olofsson are analogous art because they are from the same field of endeavor with respect to monitoring traffic. Before the effective filing date, for AIA, it would have been obvious to a person of ordinary skill in the art to incorporate the strategies by Olofsson into the method by Mildh , Gapin and Gilson. The suggestion/motivation would have been to use temporal traffic behavior of communication sessions to control settings or parameters of radio access network configuration (Olofsson: [0031]). Conclusion 07-96 The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. A) US 20230397053 – Ronkainen A method is disclosed for a radio access network control node operating in a communication network having an associated user device, wherein the user device has an ongoing application service session with an application server via the communication network. The method includes detecting that a trigger condition is met for the user device, the trigger condition indicating an upcoming communication interruption in relation to the application service session. The method also includes causing implementation of a temporary transmission rate adjustment of the application service session, wherein the temporary transmission rate adjustment provides a radio access channel margin accommodating the upcoming communication interruption. In some embodiments, causing implementation of the temporary transmission rate adjustment includes transmitting an adjustment command to the user device and/or the application server. Corresponding methods for a user device and an application server are also disclosed. B) US 20230247500 – Ostberg A method for latency control in a communication network is disclosed. The method includes identifying that a service is currently associated with a user device associated with the communication network, wherein a deviation between a latency requirement of the service and an internal latency performance of the communication network is bounded, and dynamically adjusting one or more handover criteria for the user device associated with the service. In some embodiments, the dynamic adjustment is performed only for user devices associated with services with bounded deviation between the latency requirement of the service and the internal latency performance of the communication network. C) US 20260052465 – Carrion A communication management resource can be configured to dynamically provide latency adjustments associated with queuing and forwarding data packets to support reduction in energy consumption. For example, the communication management resource can be configured to establish a first wireless link between a wireless base station and a first communication device. Assume that the communication management resource receives a first notification to change data packet latency settings of queuing and forwarding data packets associated with the first mobile communication device, where the data packets are queued for conveyance over the first wireless link. In response to receiving the first notification and other notifications, the communication management resource dynamically adjusts the data packet latency settings associated queuing and forwarding of the data packets over the first wireless link. D) US 20250184813 – Pan In accordance with an embodiment, a method includes: receiving a round-trip latency requirement of a service; generating a parameter of an uplink quality of service flow and a parameter of a downlink quality of service flow based on the round-trip latency requirement, wherein the uplink quality of service flow and the downlink quality of service flow are respectively configured to be used for transmitting uplink data and downlink data of the service; and sending the parameter of the uplink quality of service flow and the parameter of the downlink quality of service flow to a session management network element. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUNE SISON whose telephone number is (571)270-5693. The examiner can normally be reached 9:00 am - 5:00 pm. 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, Emmanuel Moise can be reached at 571-272-3865. 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. /JUNE SISON/Primary Examiner, Art Unit 2455 Application/Control Number: 19/061,310 Page 2 Art Unit: 2455 Application/Control Number: 19/061,310 Page 3 Art Unit: 2455 Application/Control Number: 19/061,310 Page 4 Art Unit: 2455 Application/Control Number: 19/061,310 Page 5 Art Unit: 2455 Application/Control Number: 19/061,310 Page 6 Art Unit: 2455 Application/Control Number: 19/061,310 Page 7 Art Unit: 2455 Application/Control Number: 19/061,310 Page 8 Art Unit: 2455 Application/Control Number: 19/061,310 Page 9 Art Unit: 2455 Application/Control Number: 19/061,310 Page 10 Art Unit: 2455 Application/Control Number: 19/061,310 Page 11 Art Unit: 2455 Application/Control Number: 19/061,310 Page 12 Art Unit: 2455 Application/Control Number: 19/061,310 Page 13 Art Unit: 2455 Application/Control Number: 19/061,310 Page 14 Art Unit: 2455 Application/Control Number: 19/061,310 Page 15 Art Unit: 2455 Application/Control Number: 19/061,310 Page 16 Art Unit: 2455 Application/Control Number: 19/061,310 Page 17 Art Unit: 2455 Application/Control Number: 19/061,310 Page 18 Art Unit: 2455 Application/Control Number: 19/061,310 Page 19 Art Unit: 2455 Application/Control Number: 19/061,310 Page 20 Art Unit: 2455 Application/Control Number: 19/061,310 Page 21 Art Unit: 2455 Application/Control Number: 19/061,310 Page 22 Art Unit: 2455 Application/Control Number: 19/061,310 Page 23 Art Unit: 2455 Application/Control Number: 19/061,310 Page 24 Art Unit: 2455
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