Prosecution Insights
Last updated: April 19, 2026
Application No. 19/257,545

DATACENTER, COMMUNICATION APPARATUS, COMMUNICATION METHOD, AND COMMUNICATION CONTROL METHOD IN A COMMUNICATION SYSTEM

Final Rejection §103
Filed
Jul 02, 2025
Examiner
IQBAL, KHAWAR
Art Unit
2643
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
466 granted / 639 resolved
+10.9% vs TC avg
Strong +29% interview lift
Without
With
+28.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
34 currently pending
Career history
673
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
30.8%
-9.2% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 639 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-3, 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Van der Merwe et al (20130054763) in view of Malets et al (20120275442). Regarding claim 1, Van der Merwe et al discloses, a communication system comprising (abstract): at least one memory storing instructions, and at least one processor configured to execute the instructions to (¶ 0133): receive traffic, at a datacenter (134, fig. 1-2), from a mobile terminal (mobile device), the traffic being sent through a first communication facility operated by a first mobile network operator (¶ 0026, communications from mobile devices that are routed through a VPMN to an IP network are then routed through the virtualized tunnel specified by the routing and forwarding tables. This enables mobile devices associated with a client to access applications and/or data located within an enterprise VPN of the client or applications and/or data hosted by a virtual machine in a cloud computing data center); and determine at least one of a plurality of destinations for the received traffic, based on a network identifier of the traffic, wherein the plurality of destinations comprise: a mobile virtual network in the datacenter, the mobile virtual network realizing a mobile network function operated by a mobile network operator; and a virtual network for a cloud service in the datacenter (¶ 0058, cloud computing data center 134 of FIG. 2 is managed by a data center manager 220 to control the creation, allocation, and/or distribution of resources within the cloud computing data center 134. The cloud computing data center 134 further includes servers 222-228 for hosting computing resources, a virtual local area network (VLAN) switch 230, a router 232 that includes logical routers 234 and 236, and virtual machines VM X1 and VM X2 hosted respectively by the servers 222 and 224. Each of the servers 222-228 may be located within a single site location or, alternatively, may be distributed at a plurality of site locations within the cloud computing data center 134. Additionally, the cloud computing data center 134 may include other routers, logical routers, servers, VLANs, and/or switching networks that may be distributed across one or more sites located at different physical locations). Van der Merwe et al does not specifically disclose a second communication facility operated by a second mobile network operator. In the same field of endeavor, Malets et al discloses, a second communication facility operated by a second mobile network operator (¶ 0044-0045, a first network 108 run by network operator 106, and a second network 112 run by network operator 110). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Van der Merwe et al by specifically adding feature in order to enhance system performance to improving signaling overhead of mobility management and ensures cost-effective phone calls within roaming environment, while maintaining stable and known identity as taught by Malets et al. Regarding claims 2,7, Van der Merwe et al and Malets et al disclose in claim 1, further, Malets et al discloses, wherein the data center (202, fig. 2) is connected to the first wireless communication facility and the second wireless communication facility via a physical channel or a logical channel (¶ 0044). Regarding claims 3, 8 Van der Merwe et al and Malets et al disclose in claim 1, further, Malets et al discloses, wherein the data center terminates a bearer between the data center and one of a first user terminal, a second user terminal and a third user terminal (¶ 0044, a first network 108 run by network operator 106, and a second network 112 run by network operator 110. Roaming environment 200 also includes a platform component 202 that can be a Mobile Network Operator (MNO) The first network operator 106 and second network operator 110 share a Mobile Virtual Network Operator (MVNO) agreement 210 and see at least 1, ¶ 0057, Visited VoIP Gateway (VVG) 504, mobile device 516, and visited Mobile Switching Center (VMSC) 514 which are in a visited network. Home VoIP Gateway (HVG) 502, switching platform 506, and roaming platform 508 are within a home network (not shown). Connecting the two networks and managing communications between the networks are Mobile Virtual Network Operator 510 with associated Home Location Register 512...)). Regarding claim 5 Van der Merwe et al and Malets et al disclose in claim 1, further, Malets et al discloses, wherein the mobile virtual network operator is different from the first mobile network operator, and wherein the mobile virtual network operator is different from the second mobile network operator (¶ 0044, a first network 108 run by network operator 106, and a second network 112 run by network operator 110.). Regarding claim 6, Van der Merwe et al discloses, a communication system comprising (abstract): receiving traffic, at a datacenter, from a mobile terminal, the traffic being sent through a first communication facility operated by a first mobile network operator, or a second communication facility operated by a second mobile network operator (¶ 0026, communications from mobile devices that are routed through a VPMN to an IP network are then routed through the virtualized tunnel specified by the routing and forwarding tables. This enables mobile devices associated with a client to access applications and/or data located within an enterprise VPN of the client or applications and/or data hosted by a virtual machine in a cloud computing data center); and determining at least one of a plurality of destinations for the received traffic, based on a network identifier of the traffic, wherein the plurality of destinations comprise: a mobile virtual network in the datacenter, the mobile virtual network realizing a mobile network function operated by a mobile network operator; and a virtual network for a cloud service in the datacenter (¶ 0058, cloud computing data center 134 of FIG. 2 is managed by a data center manager 220 to control the creation, allocation, and/or distribution of resources within the cloud computing data center 134. The cloud computing data center 134 further includes servers 222-228 for hosting computing resources, a virtual local area network (VLAN) switch 230, a router 232 that includes logical routers 234 and 236, and virtual machines VM X1 and VM X2 hosted respectively by the servers 222 and 224. Each of the servers 222-228 may be located within a single site location or, alternatively, may be distributed at a plurality of site locations within the cloud computing data center 134. Additionally, the cloud computing data center 134 may include other routers, logical routers, servers, VLANs, and/or switching networks that may be distributed across one or more sites located at different physical locations). Van der Merwe et al does not specifically disclose a second communication facility operated by a second mobile network operator. In the same field of endeavor, Malets et al discloses, a second communication facility operated by a second mobile network operator (¶ 0044-0045, a first network 108 run by network operator 106, and a second network 112 run by network operator 110). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Van der Merwe et al by specifically adding feature in order to enhance system performance to improving signaling overhead of mobility management and ensures cost-effective phone calls within roaming environment, while maintaining stable and known identity as taught by Malets et al. Claim(s) 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Van der Merwe et al in view of Malets et al and Banavalikar et al (20130287022). Regarding claims 4 and 9, Van der Merwe et al discloses in claim further, communications from mobile devices that are routed through a VPMN to an IP network are then routed through the virtualized tunnel specified by the routing and forwarding tables. This enables mobile devices associated with a client to access applications and/or data located within an enterprise VPN of the client or applications and/or data hosted by a virtual machine in a cloud computing data center (¶ 0026, 0046). Van der Merwe et al in view of Malets et al do not specifically disclose, in detail, wherein the data center terminates a tunnel between the data center and one of a first user terminal, a second user terminal and a third user terminal. In the same field of endeavor, Banavalikar et al discloses in more detail, wherein the data center terminates a tunnel between the data center and one of a first user terminal, a second user terminal and a third user terminal (¶ 0005, 0021, fig. 3-9). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Van der Merwe et al in view of Malets et al by specifically adding feature in order to enhance system performance to The virtual machines (VMs) move data across the architecture easily and efficiently by flat switch architecture as taught by Banavalikar et al. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAWAR IQBAL whose telephone number is (571)272-7909. The examiner can normally be reached M-F. 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, Jinsong Hu can be reached at 5712723965. 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. /KHAWAR IQBAL/Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Jul 02, 2025
Application Filed
Sep 11, 2025
Non-Final Rejection — §103
Dec 02, 2025
Applicant Interview (Telephonic)
Dec 02, 2025
Examiner Interview Summary
Dec 19, 2025
Response Filed
Jan 30, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597354
SYSTEMS AND METHODS FOR IDENTIFYING A VEHICLE ASSET PAIRING
2y 5m to grant Granted Apr 07, 2026
Patent 12587826
Roaming for UE of a NPN
2y 5m to grant Granted Mar 24, 2026
Patent 12580881
METHODS AND SYSTEMS FOR DELAYING MESSAGE NOTIFICATIONS
2y 5m to grant Granted Mar 17, 2026
Patent 12568373
FEDERATED MULTI-ACCESS EDGE COMPUTING AVAILABILITY NOTIFICATIONS
2y 5m to grant Granted Mar 03, 2026
Patent 12563386
METHOD AND APPARATUS FOR SECURITY REALIZATION OF CONNECTIONS OVER HETEROGENEOUS ACCESS NETWORKS
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+28.8%)
3y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 639 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month