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 .
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.
DETAILED ACTION
This communication is in response to Application No. 17/521,665 filed on 8 November 2021. The response filed 14 January 2026 amends claims 1-5, 8, and 10-18, and presents arguments is hereby acknowledged. Claims 1-20 are presented for examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicants’ submission filed on 2 March 2026 has been entered.
Response to Arguments
Independent Claims 1 and 15
On pages 9-10 of the response filed 14 January 2026, Applicant addresses the 35 U.S.C. 103 rejection made on the 30 September 2025 Final Rejection. Applicant’s arguments, regarding the rejections under 35 U.S.C. 103, have been fully considered.
On pages 9-10, Applicant argues that the Örtenblad/NPL system fails to teach or suggest the amended limitation. Applicant argues “the combination of Örtenblad and NPL does not disclose an apparatus configured to operate as a network data analytics function (NWDAF) data handler. The combination of Örtenblad and NPL does not disclose an apparatus configured to operate as a network data analytics function (NWDAF) data handler to collect and process monitoring data received from network entities. The combination of Örtenblad and NPL does not disclose generating association information based on the first data identifier and the one or more second data identifiers, the association information indicates an association between data requested by the NWDAF data handler and the monitoring data to be collected from the one or more other network entities. The combination of Örtenblad and NPL does not disclose determining, based on the association information, whether the monitoring data to be collected is already available at the NWDAF data handler. The combination of Örtenblad and NPL does not disclose determining, based on the association information, whether the monitoring data to be collected should be collected from the one or more other network entities by the NWDAF data handler. The combination of Örtenblad and NPL does not disclose determining, based on the association information, whether the monitoring data to be collected is already available at the NWDAF data handler, or determining whether the monitoring data to be collected should be collected from the one or more other network entities by the NWDAF data handler.” Examiner respectfully disagrees and finds this argument unpersuasive. Paragraph 0002 of Örtenblad states “Network Data Analytics Function (NWDAF) is a centralized Network Function (NF) being standardized by the 3rd Generation Partnership Project (3GPP) for 5GC. NWDAF represents operator managed network analytics logical function. NWDAF provides analytical information to consumers such as other NFs. FIG. 1 illustrates examples of NFs including NWDAF in 5G architecture.” In addition, one of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of NPL 3GPP for a NWDAF that derives analytics. It would have been obvious for one of ordinary skill in the art to combine the NWDAF of Ortenblad with the NWDAF of the NPL as in improvement in the 3GPP field of endeavor. Therefore, Examiner finds these arguments unpersuasive.
Dependent Claims 2-14 and 16-20
On pages 9-10 of the response filed 14 January 2026, Applicant addresses the 35 U.S.C. 103 rejection made on the 30 September 2025 Final Rejection. Applicant submits that these claims are allowable at least as depending from an allowable independent claim, and further in view of the amendments to the independent claims, and the comments provided above. As per the comments above, Examiner found the arguments unpersuasive.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/197467 A1 to Örtenblad et al and in view of NPL 3 Generation Partnership Project; Technical Specification Group Services and System Aspects; Architecture enhancements for 5G System (5GS) to support network data analytics services (hereafter NPL).
Regarding Claim 1, Örtenblad discloses an apparatus configured to operate as a network data analytics function (NWDAF) data handler to collect and process monitoring data received from network entities (0002 and FIG. 3 provides for centralized NWDAF), the apparatus comprising: a network interface (FIG. 8, network interface circuit 807); and at least one processor configured to receive and transmit via the network interface (FIG. 8 and 0076 provides for processor 803 is configured to receive and transmit via network interface 807), the at least one processor configured, upon execution of instructions, to perform the following steps: receive a first data request from a first network entity (0008 and 0044 provides for NWDAF obtains a subscribe request from a consumer), the first data request comprising a first data identifier relating to monitoring data or analytics information (0046 provides for the subscribe request comprising an analytic ID, the analytic ID related to a specific parameter/monitoring data); obtain one or more second data identifiers from one or more other network entities (0003, 0046, and 0067 provides for obtaining input/second data identifier from a source, producing Network Function), wherein the one or more second data identifiers are related to the monitoring data to be collected from the one or more other network entities (0046 provides for wherein the input is related to the specific parameters collected from entities, such as an Event ID); and generate association information based on the first data identifier and the one or more second data identifiers (0046 provides for associating information based on analytic ID and Event ID to evaluate thresholds), the association information indicates an association between data requested by the NWDAF data handler and the monitoring data to be collected from the one or more other network entities (0046 provides for associating the analytic ID and Event ID). Örtenblad doesn’t explicitly disclose determine, based on the association information, whether the monitoring data to be collected is already available at the NWDAF data handler, or determine whether the monitoring data to be collected should be collected from the one or more other network entities by the NWDAF data handler. NPL, in a similar field of endeavor, discloses determine, based on association information, whether monitoring data to be collected is already available at a NWDAF data handler (pg. 38, Section “6.11.4 Procedures” provides for NWDAF at steps 2a and 2b determine, based on stored information, whether monitoring data to be collected is already available and this step can be skipped), or determine whether the monitoring data to be collected should be collected from the one or more other network entities by the NWDAF data handler. One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of NPL 3GPP for a NWDAF that derives analytics. The analytical NWDAF of NPL 3GPP, when implemented with the distributed analytics of the Örtenblad system, will allow one of ordinary skill in the art to evaluate multiple nodes for specific parameters in order to prevent and predict network failures. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the analytical NWDAF of NPL 3GPP with the distributed analytics of the Örtenblad system for the desirable purpose of detecting exceeded thresholds to prevent network faults.
Regarding Claim 2, the Örtenblad/NPL system discloses the apparatus of claim 1, wherein: if the monitoring data to be collected is not available, in particular upon the basis of a subscription, then the NWDAF data handler is configured to retrieve the monitoring data to be collected from the one or more other network entities upon the basis of at least one further data request, and the NWDAF data handler is configured to send and/or forward the retrieved monitoring data to be collected to the first network entity upon receiving the retrieved monitoring data (Examiner interprets this to be an alternative limitation); or if the monitoring data is available at the NWDAF data handler, then the NWDAF data handler is configured to send and/or forward the available monitoring data to the first network entity (NPL, pg. 39, Section “6.11.4 Procedures,” Step 4 provides for NWDAF sending and/or forwarding the requested UE communication analytics to the NF). Same motivation as claim 1.
Regarding Claim 3, the Örtenblad/NPL system discloses the apparatus of claim 1, which is configured to determine that the monitoring data is already available at the NWDAF data handler if the monitoring data is receivable by the NWDAF data handler upon a basis of a data subscription from the one or more other network entities (NPL, pg. 38, Section “6.11.4 Procedures,” steps 2a-2d provides for if the required analytics is receivable by the NWDAF upon a basis of an Event Exposure data subscription from the AF and SMF other entities). Same motivation as claim 1.
Regarding Claim 4, the Örtenblad/NPL system discloses the apparatus of claim 2, which is configured to generate the at least one further data request if the monitoring data is not available at the NWDAF data handler (Examiner interprets this to be an alternative limitation), the at least one further data request comprising at least one further data identifier relating to at least a subset of the monitoring data to be collected, and/or a subscription requesting a subscription of at least the subset of the monitoring data from at least one further network entity.
Regarding Claim 5, the Örtenblad/NPL system discloses the apparatus of claim 4, which is configured to obtain a second data identifier of the one or more second data identifiers as the at least one further data identifier, the second data identifier relating to monitoring data to be collected from a second network entity, wherein the NWDAF data handler is configured to obtain the second data identifier, in particular before receiving the first data request (Examiner interprets this to be an alternative limitation).
Regarding Claim 6, the Örtenblad/NPL system discloses the apparatus of claim 1, which is configured to generate the first data identifier, and to transmit the first data identifier towards the first network entity, in particular before receiving the first data request (Örtenblad, FIG. 7, 0067, and 0073 provides for generating a specific Analytic ID, and registering NF consumers with Analytic IDs supported before receiving the NF consumer subscription requests).
Regarding Claim 7, the Örtenblad/NPL system discloses the apparatus of claim 1, which is configured to associate the first data identifier with at least one data collection parameter in order to associate the first data identifier with the monitoring data to be collected (Örtenblad, 0046 provides for associating the analytic ID with a specific parameter in order to associate the analytic ID with load level information to be collected), wherein the at least one data collection parameter is a second data identifier of the one or more second data identifiers and indicates which data comprises the monitoring data or a specific subset of monitoring data (Örtenblad, 0046 provides for wherein the load level information is the event ID and indicated which load levels indicate load level information associated with an event).
Regarding Claim 8, the Örtenblad/NPL system discloses the apparatus of claim 7, wherein the second identifier is formed by and/or comprises at least one of the following identifiers: an event identifier (Örtenblad, 0046 provides for an event ID), and in particular an event identifier relating to monitoring data to be collected from the second network entity.
Regarding Claim 9, the Örtenblad/NPL system discloses the apparatus of claim 1, wherein the first data request further comprises a filter information, in particular filtering a geographical area and/or a threshold value associated with the first data identifier (Örtenblad, 0046 provides for a threshold value associated with the analytic ID), and/or data reporting information and/or target of data reporting indication and, wherein the further data request further comprises a filter information, in particular filtering a geographical area and/or threshold value associated with the second identifier (Örtenblad, 0046 provides for a threshold value associated with the event ID), and/or data reporting information and/or target of data reporting indication.
Regarding Claim 10, the Örtenblad/NPL system discloses wherein the first network entity comprises a NWDAF service consumer (Örtenblad, 0046 provides for a consumer); the NWDAF data handler is configured to receive the first data request (Örtenblad, 0046 provides for the NWDAF receives a request), the first data request indicating a subscription and/or request of analytics information (Örtenblad, 0046 provides for a subscription request for load level information); the first data identifier comprises an analytics identifier (Örtenblad, 0046 provides for an analytic ID); the at least one processor is configured to associate the analytics identifier and/or the first data request with the data to be collected as the monitoring data (Örtenblad, 0046 provides for associating the analytic ID with monitored load levels), wherein the monitoring data to be collected is associated with monitoring parameters (Örtenblad, 0046 provides for monitored load levels) such as at least one event identifier (Örtenblad, 0046 provides for associated with an event ID) and/or event filter information and/or event reporting information and/or target of data reporting indication; and the NWDAF data handler is configured to decide whether to trigger the data collection from the one of more other network entities if a new subscription of analytics information is necessary, or whether the requested analytics information is already provided to the NWDAF data handler upon the basis of an already existing subscription of analytics information from the one or more other network entities (NPL, pg. 38, Section “6.11.4 Procedures” provides for NWDAF data handler is configured to determine whether the requested analytic information is already stored upon the basis on an already existing subscription request in steps 2a-2d). Same motivation as claim 1.
Regarding Claim 11, the Örtenblad/NPL system discloses the apparatus of claim 1, wherein the first network entity comprises a NWDAF service consumer (Örtenblad, 0046 provides for a consumer); the NWDAF data handler is configured to receive a subscription termination request from the first network entity (Örtenblad, 0044 provides for an unsubscribe request), the subscription termination request indicating a termination of a subscription of analytics information (Örtenblad, 0044-0045 provides for an unsubscribe request indicated unsubscribing from analytic information of load events notification); the NWDAF data handler is configured to terminate a transmission of monitoring data relating to the terminated subscription to the first network entity (Örtenblad, 0044-0045 provides for an unsubscribe request indicated unsubscribing from analytic information of load events notification); and the NWDAF data handler is configured to modify the association of the subscription request from the first network entity and monitoring data to be collected or wherein the NWDAF data handler is configured to delete the association of the subscription request from the first network entity and monitoring data to be collected (Örtenblad, 0044-0045 provides for an unsubscribe request indicated unsubscribing from analytic information of load events notification).
Regarding Claim 12, the Örtenblad/NPL system discloses the apparatus of claim 1, wherein the NWDAF data handler data handler is configured to determine a data collection process in order to collect data from the one or more other network entities in order to obtain the monitoring data (Örtenblad, 0070 provides for collecting offline data).
Regarding Claim 13, the Örtenblad/NPL system discloses the apparatus of claim 1, wherein the NWDAF data handler is configured to determine the one or more other network entities from which data should be collected to obtain the monitoring data upon the basis of the received first data request and/or the first data identifier (Örtenblad, 0070 provides for collecting data from NF or other sources).
Regarding Claim 14, the Örtenblad/NPL system discloses the apparatus of claim 1, wherein the NWDAF data handler is configured to receive the one or more second data identifiers from the one or more other network entities (Örtenblad, 0046 provides for receive/inputting an Event ID), wherein the one or more second data identifiers identify the monitoring data to be collected from the one or more other network entities (Örtenblad, 0044-0045 provides for the Event ID is triggered based on threshold levels).
Regarding Claim 15, similar rejection where the apparatus of claim 1 teaches the data handling method of claim 15.
Regarding Claim 16, similar rejection where the apparatus of claim 2 teaches the data handling method of claim 16.
Regarding Claim 17, similar rejection where the apparatus of claim 4 teaches the data handling method of claim 17.
Regarding Claim 18, similar rejection where the apparatus of claim 7 teaches the data handling method of claim 18.
Regarding Claim 19, the Örtenblad/NPL system discloses the method of claim 18, further comprising the first data request including a filter information for filtering one or both of a geographical area or a threshold value associated with the first data identifier (Örtenblad, 0046 provides for a threshold value associated with the analytic ID), and for filtering a geographical area and/or threshold value associated with the second identifier (Örtenblad, 0046 provides for a threshold value associated with the event ID).
Regarding Claim 20, similar rejection where the apparatus of claim 13 teaches the data handling method of claim 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent 11,700,540 B2 to Guo et al discloses a NWDAF that monitors data analysis.
US PGPUB 2021/0337555 A1 to Fan et al discloses in slice-based network reinforcement.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 SCHQUITA GOODWIN whose telephone number is (571)272-5477. The examiner can normally be reached M-F 9am - 5pm EST.
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/SCHQUITA D GOODWIN/Primary Examiner, Art Unit 2459