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 Amendment
The Amendment filed February 3, 2026 has been entered. Claims 1-8 and 10-21 are pending in the application. Applicant has submitted amendments to the claims along with other remarks. Claims 1-8, 10-21 are still rejected by prior art references, refer to the following rejection for details.
Response to Arguments
Applicant’s arguments and amendments, see pp. 7-17 of the response, filed February 3, 2026, with respect to the rejection(s) of claim(s) 1-8 and 10-21 under § 103 have been fully considered and are persuasive. However, upon further consideration for the amendments, a new ground(s) of rejection is made in view of new reference, please see the rejection for details.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not
identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, , and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2021/0105193 (hereinafter "Chong") in view of U.S. Publication No. 20160021603 (hereinafter "Mueck") and in view of U.S. Publication No. 2015/0105094 (hereinafter “Kotecha”) and further in view of U.S. Publication No. 2010/0278158 (hereinafter "Lee") and further in view of U.S. Publication No. 2024/0031811 (hereinafter "Mohebbi").
Regarding claim 1, Chong teaches: A device comprising: 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: obtaining first network performance data characterizing a first wireless network that uses one technology, wherein the first wireless network provides one or more users of a plurality of users access to a collection of servers that enable services ([0065] In a possible design, determining, by a first network element, a status reflecting how a network satisfies a network quality requirement includes receiving, by the first network element, first network experience data of the network from the network data analytics device, where the first network experience data is used to indicate network service quality, and determining, by the first network element based on the first network experience data, the status reflecting how the network satisfies the network quality requirement); obtaining first service performance data characterizing a first service of the services that are enabled by the collection of servers ([0139] Manner 1: The network data analytics device obtains the first service experience data set of the service from a service server of the service.); obtaining first service requirements of the first service ([0143] The service description information may include one or more of the following information: a service identifier to which a service flow belongs, IP filtering information, a media bandwidth requirement, traffic routing information, a jitter buffer requirement, a media coding type requirement, a media coding rate requirement, a Transmission Control Protocol (TCP) congestion window requirement, a TCP receive window requirement, a buffer requirement, and a requirement on a value of at least one data type.) ; obtaining second service performance data characterizing a second service of the services that are enabled by the collection of servers, wherein the second service is a different service than the first service ([0013] In a possible implementation of the first aspect, obtaining, by a data analytics function network element, a first service experience data set of a service includes obtaining, by the data analytics function network element, a second service experience data set of the service, where each piece of second service experience data in the second service experience data set is used to indicate service quality, corresponding to a single user, of the service, and obtaining, by the data analytics function network element, the first service experience data set of the service based on the second service experience data set.); obtaining second service requirements of the second service (The information about the second service quality requirement indicates a requirement on user-level service quality of the service (for example, a MOS of a voice service of the single user is required to be greater than 3).) ; and responsive to receiving an indication of a preference of a first user to utilize the first wireless network, selecting from between the first service or the second service as a selected service for the first user, wherein the selecting of the selected service is based upon the first network performance data, the first service performance data, the first service requirements, the second service performance data, and the second service requirements; obtaining second network performance data characterizing a second wireless network that uses a second wireless communication technology, wherein the second wireless communication technology is a different wireless communication technology than the first wireless communication technology, wherein the second wireless network provides one or more of the plurality of users access to the collection of servers that enable the services, and wherein the first service and the second service are supported by both the first wireless communication technology and the second wireless communication technology.
Chong does not explicitly teach: responsive to receiving an indication of a preference of a first user to utilize the first wireless network, selecting from between the first service or the second service, or selecting from between the first wireless network or the second wireless network as a selected wireless network for the first user, wherein the selecting of the selected wireless network is based upon the first network performance data, the second network performance data, the first service performance data, and the first service requirements.
However, in the same field of endeavor, Mueck teaches: responsive to receiving an indication of a preference of a first user to utilize the first wireless network, selecting from between the first service or the second service ([0003] the radio network policies may also govern parameters of the UE's connection to the radio network, for example, data rates, encoding parameters, downlink data transfer parameters, or other parameters of transferring or receiving data using the radio networks. [0039] Additionally, the user may be able to interact with the interface element 430 to select which radio network UE should be streaming video from.).
Mueck also teaches: selecting from between the first wireless network or the second wireless network as a selected wireless network for the first user, wherein the selecting of the selected wireless network is based upon the first network performance data, the second network performance data, the first service performance data, and the first service requirements ([0029] In this context, network 200 may be assumed to provide a set of network policies that will enforce operator preferences such as MAC modes, data rates, radio network selection, the numbers or types of radio links, or other parameters.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of selecting network and a combination of Chong with Mueck renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., select a preferred network for supporting services and selecting a network to affect a service on that network).
The combination of Chong and Mueck discloses obtaining second service performance data that characterizes services. The combination, however, does not explicitly disclose obtaining second service of the services that are enabled by the collection of servers, wherein the second service is a different service than the first service or obtaining second service requirements of the second service and selecting from between the first service or the second service as a selected service for the first user, wherein the selecting of the selected service is based upon the first network performance data, the first service performance data, the first service requirements, the second service performance data, and the second service requirements.
Kotecha discloses transmission optimization of the traffic flows in the wireless network based on values for parameters associated with applications and based on information relating to a state of a wireless network. (Abstract). Kotecha discloses determining modifications to the operation of the wireless network based on the values for the performance parameters and based on the information regarding the state of the wireless network ([0060]). For example, Applications may be associated with desired performance parameter values, which may represent minimum desirable thresholds for acceptable performance of the application. ([0039]).
Thus, Chong and Kotecha each disclose optimization of a network using performance data. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that satisfaction of a network requirement by a particular service could have been substituted for the second experience data set because both perform the function of optimizing network resources and quality of service. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of selecting a service based on performance data of the network, first service, and second service using the methods known in Kotecha.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the quality of service teachings in Kotecha for the quality of service techniques in Chong according to known methods to yield the predictable result of selecting a service based on performance data of the network, first service, and second service according to respective service requirements.
The combination of Chong, Mueck, and Kotecha does not teach: obtaining second network performance data characterizing a second wireless network that uses another technology, wherein the another technology is a different technology than the one technology , and wherein the second wireless network provides one or more of the plurality of users access to the collection of servers that enable the services.
However, in the same field of endeavor, Lee teaches: obtaining second network performance data characterizing a second wireless network ([0013] Different network performance metrics can be used for the client to select different APs for different data flows. When a client needs to find an AP to associate with, it scans and searches the nearby APs in the wireless network to obtain information about the channels between the client and each AP. The channel information includes network performance metrics, such as RSS, latency, bandwidth (throughput), loss rate, etc. The client may obtain the values for each metric.) that uses another technology , wherein the another technology is a different technology than the one technology (An AP is a device that allows wireless communication devices, such as the client 104, to connect to a wireless network using a standard, such as an 802.11 standard or other type of standard.), and wherein the second wireless network provides one or more of the plurality of users access to the collection of servers that enable the services ([0020] In FIG. 1, the client 104 is wirelessly connected to one of the APs 103 a-103 c. The client 104 may be connected to the Internet 101 via one or more of the APs 103 a -103 c and the router 102 to send and receive data flows.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of second network performance data of a second network having a difference techno ology and the combination of Chong, Mueck, and Kotecha with Lee renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing additional networks).
The combination of Chong, Mueck, Kotecha, and Lee does not teach: that the services are metaverse services.
However, in the same field of endeavor, Mohebbi teaches: that the services may be metaverse services ([0020] A developing technology likely to have a revolutionary impact on humanity is the metaverse. Although the metaverse may be defined in a myriad of ways, in some examples and as used herein, the metaverse may represent a single, universal, and/or immersive virtual environment. In some examples, the metaverse may be facilitated by the use of virtual reality (VR), augmented reality (AR), mixed reality (MR), and extended reality (XR), among other things. In some examples, a metaverse application may be facilitated via a server located on an edge of a public or private cloud (i.e. an “edge server”). Also, in some examples, a metaverse application may be facilitated via a server located behind a cellular core network (e.g., a 5G core (5GC) network). In some instances, these diverse manners of facilitating metaverse applications may make it difficult to implement a single, unified approach to metaverse security.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chong, Mueck, Kotecha, and Lee to include the feature of metaverse services and a combination of Chong, Mueck, Kotecha, and Lee with Mohebbi renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing services as metaverse services).
Regarding claim 2, the combination of Chong, Mueck, and Kotecha does not teach: wherein the selecting of the selected service is such that: the first service is selected in a first case that performance characteristics of the first service more closely match performance characteristics of the first wireless network than do corresponding performance characteristics of the second service; and the second service is selected in a second case that performance characteristics of the second service more closely match performance characteristics of the first wireless network than do corresponding performance characteristics of the first service.
However, in the same field of endeavor, Lee teaches: wherein the selecting of the selected service is such that: the first service is selected in a first case that performance characteristics of the first service more closely match performance characteristics of the first wireless network than do corresponding performance characteristics of the second service; and the second service is selected in a second case that performance characteristics of the second service more closely match performance characteristics of the first wireless network than do corresponding performance characteristics of the first service ([0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350, an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of selecting the service that more closely matches the performance characteristics of the wireless network and the combination of Chong, Mueck, and Kotecha with Lee renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., selecting the service that more closely matches the performance characteristics of the wireless network).
Regarding claim 3, Chong teaches: wherein the selecting of the selected service is such that: the first service is selected in a first case that performance requirements of the first service are met by the first wireless network; and the second service is selected in a second case that performance requirements of the second service are met by the first wireless network ([0065] In a possible design, determining, by a first network element, a status reflecting how a network satisfies a network quality requirement includes receiving, by the first network element, first network experience data of the network from the network data analytics device, where the first network experience data is used to indicate network service quality, and determining, by the first network element based on the first network experience data, the status reflecting how the network satisfies the network quality requirement.; [0215] In a possible implementation, the network repository device may obtain the network adjustment policy information based on the second network data set, and send the network adjustment policy information to the network management device such that the network management device adjusts the network based on the network adjustment policy information. Further, the network adjustment policy information may be a piece of second network data. For example, in the other approaches, the network repository device can obtain resource information and status information of each network element in the network. Therefore, the network repository device may select a set of second network data from the second network data set based on the resource information and the status information that are owned by the network repository device, and send the selected second network data to the network management device such that the network management device adjusts or sets the network based on the second network data selected by the network repository device.).
Regarding claim 4, Chong teaches: the first network performance data comprises a first plurality of key performance indicators; the first service performance data comprises a second plurality of key performance indicators; and the second service performance data comprises a third plurality of key performance indicators ([0191] [0186] In addition, the network interface information includes the performance parameter information of the at least one network interface. Each piece of network interface information may include at least one of the following information: device identification information of a device corresponding to the network interface and performance parameter information of the network interface. The performance parameter information of the network interface includes at least one of the following information: latency information of the network interface, topology information of the device corresponding to the network interface, data packet throughput information of the network interface, and link usage information of the network interface. Performance parameter types of all network interfaces may be the same or different. This is not limited in this application. [0303] In some possible designs, the first network experience data includes experience data of the network granularity. That is, the experience data is data that describes an overall network experience status, for example, the total quantity of registered subscribers in the network or the total quantity of online users in the network, a network latency, and network load information. [0143] The service description information may include one or more of the following information: a service identifier to which a service flow belongs, IP filtering information, a media bandwidth requirement, traffic routing information, a jitter buffer requirement, a media coding type requirement, a media coding rate requirement, a Transmission Control Protocol (TCP) congestion window requirement, a TCP receive window requirement, a buffer requirement, and a requirement on a value of at least one data type.).
Regarding claim 5, Chong teaches: wherein: the first plurality of key performance indicators indicates a respective ability to: transmit outgoing data with a certain latency, transmit outgoing data with a certain throughput, transmit outgoing data with a certain bandwidth; receive incoming data with a certain latency, receive incoming data with a certain throughput, and receive incoming data with a certain bandwidth; and each of the second plurality of key
performance indicators and the third plurality of key performance indicators indicates a respective ability to: receive incoming data with a certain latency, receive incoming data with a certain throughput, receive incoming data with a certain bandwidth; transmit outgoing data with a certain latency, transmit outgoing data with a certain throughput, and transmit outgoing data with a certain bandwidth ([0191]).
Regarding claim 6, Chong teaches: wherein: each of the plurality of users has associated therewith a respective communication device; and each communication device comprises a smart phone, a cell phone, a tablet computer, a laptop computer, a notebook computer, a desktop computer, or any combination thereof ([0003] With continuous emergence of various communications services, requirements of different communications services on network performance are significantly different. The concept of a network slice (NS) is introduced into a 5th-generation (5G) system, to cope with a difference between the requirements of the different communications services on the network performance. To be specific, resource and function division is performed on a 5G network, to form different network slices to satisfy the different requirements such that network operation investment costs can be reduced, and network operation modes can be enriched).
Regarding claim 7, the combination of Chong, Mueck, and Kotecha with Lee does not teach: wherein the collection of servers comprises a metaverse.
However, in the same field of endeavor, Mohebbi teaches: wherein the collection of servers comprises a metaverse ([0020] A developing technology likely to have a revolutionary impact on humanity is the metaverse. Although the metaverse may be defined in a myriad of ways, in some examples and as used herein, the metaverse may represent a single, universal, and/or immersive virtual environment. In some examples, the metaverse may be facilitated by the use of virtual reality (VR), augmented reality (AR), mixed reality (MR), and extended reality (XR), among other things. In some examples, a metaverse application may be facilitated via a server located on an edge of a public or private cloud (i.e. an "edge server"). Also, in some examples, a metaverse application may be facilitated via a server located behind a cellular core network (e.g., a 5G core (5GC) network). In some instances, these diverse manners of facilitating metaverse applications may make it difficult to implement a single, unified approach to metaverse security.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chong, Mueck, Kotecha and Lee to include the feature of a collection of servers that is a metaverse and the combination of Chong, Mueck, Kotecha and Lee with Mohebbi renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., including a metaverse in the collection of servers).
Regarding claim 8, the combination of Chong, Mueck, and Kotecha with Lee does not teach: wherein the collection of servers comprises a metaverse.
However, in the same field of endeavor, Mohebbi teaches: wherein the collection of servers comprises a metaverse ([0020] A developing technology likely to have a revolutionary impact on humanity is the metaverse. Although the metaverse may be defined in a myriad of ways, in some examples and as used herein, the metaverse may represent a single, universal, and/or immersive virtual environment. In some examples, the metaverse may be facilitated by the use of virtual reality (VR), augmented reality (AR), mixed reality (MR), and extended reality (XR), among other things. In some examples, a metaverse application may be facilitated via a server located on an edge of a public or private cloud (i.e. an "edge server"). Also, in some examples, a metaverse application may be facilitated via a server located behind a cellular core network (e.g., a 5G core (5GC) network). In some instances, these diverse manners of facilitating metaverse applications may make it difficult to implement a single, unified approach to metaverse security.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chong, Mueck, and Kotecha with Lee to include the feature of a collection of servers that is a metaverse and the combination of Chong, Mueck, and Kotecha with Lee with Mohebbi renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., including a metaverse in the collection of servers).
Regarding claim 21, Chong teaches: wherein the device operates in a policy and charging control function of a core network ([0247] The association identification information of the user is used to associate user-level experience data of the user with flow-level network data for running a service of the user. For example, the association identification information of the user may be an IP address of a user terminal used by the user or a temporary identifier allocated by the network to a service flow of the user terminal. The temporary identifier may be allocated by a PCF network element, an NWDAF network element, an NRF network element, or another server network element to the service flow in a process of establishing the service flow, and is used to identify corresponding flow-level network data on each network element corresponding to the service flow.).
Claim 10-12 is rejected under 35 U.S.C. 103 as being unpatentable over Chong in view of Mueck, Kotecha, Lee, and Mohebbi and further in view of U.S. Publication No. 2020/0322234 (hereinafter "Carter")
Regarding claim 10, substantially similar components to claim 1 are recited, the combination of Chong, Mueck, Kotecha, Lee, and Mohebbi teaches: responsive to a second user of the plurality of users indicating another preference to utilize the second wireless network (Mueck:[0029], [0039].), selecting one of the first service or the second service as another selected service for the second user, wherein the selecting of the another selected service is based upon the second network performance data, the first service performance data, the first service requirements, the second service performance data, and the second service requirements (Kotecha combination described with regard to claim 1).
The combination of Chong, Mueck, Kotecha, Lee, and Mohebbi do not specifically teach multiple users. In the same field of endeavor, Carter teaches these elements [0099-100]: Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of selecting the service that more closely matches the performance characteristics of the wireless network and the combination of Chong, Mueck, Kotecha, Lee, and Mohebbi with Carter renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., selecting the service that more closely matches the performance characteristics of the wireless network).
. Regarding claim 11, the combination of Chong, Mueck, and Kotecha does not explicitly teach: facilitating a first providing of the selected service via the first wireless network to first user equipment of the first user; and facilitating a second providing of the another selected service via the second wireless network to second user equipment of the second user.
However, in the same field of endeavor, Lee teaches: facilitating a first providing of the selected service via the first wireless network to first user equipment of the first user; and
facilitating a second providing of the another selected service via the second wireless network to second user equipment of the second user ([0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350,an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of facilitating provisions of services via respective access points and networks and the combination of Chong, Mueck, and Kotecha with Lee renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., facilitating provisions of services via respective access points).
Regarding claim 12, the combination of Chong, Mueck, and Kotecha teaches: the preference of the first user is indicated by first input provided by the first user, by existence of first profile information in a first profile of the first user, or by any first combination thereof, and the another preference of the second user is indicated by second input provided by the second user, by existence of second profile information in a second profile of the second user, or by any second combination thereof (Mueck - [0046] Alternatively, a user preference may be predefined for a set of applications, use cases, radio networks, or radio links, and the decision-making functionalities of the UE may be configured to access those predefined user preferences without any specific interaction on the part of the user during the radio network selection process. In some embodiments, a combination of dynamic and pre-provisioned user preference indications may be possible.) .
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chong in view of Mueck, Kotecha, Lee, Mohebbi, and Carter and further in view of U.S. Publication No. 2020/0145432 (hereinafter "Verma")
Regarding claim 13, the combination of Chong, Mueck, Kotecha, Lee, and Mohebbi does not teach: wherein the first wireless communication technology and the second wireless communication technology comprises one of a fourth-generation (4G) wireless technology, a fifth- generation (5G) wireless technology, a sixth-generation (6G) wireless technology, a subsequent generation wireless technology, or a WI-FI technology.
However, in the same field of endeavor, Verma teaches: wherein each of the one technology and the another technology comprises one of a fourth-generation (4G) wireless technology, a fifth- generation (5G) wireless technology, a sixth-generation (6G) wireless technology, a subsequent generation wireless technology, or a WI-FI technology (FIG. 1A shows that multiple technologies are supported by core networks and are interchangeable technologically).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute any of the access technologies entities of Verma for the access technologies of Chong, Mueck, Kotecha, Lee, and Mohebbi according to known methods to yield the predictable result of providing access to one or more networks. Other rationales may be applicable (e.g., (C) Use of known technique to improve similar devices (methods, or products) in the same way; (F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art).
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of U.S. Publication No. 2021/0250803 (hereinafter "Breuer") and further in view of Mueck and further in view of Mohebbi.
Regarding claim 14 Lee teaches: 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: obtaining first network performance data characterizing a first wireless network ([0013] Different network performance metrics can be used for the client to select different APs for different data flows. When a client needs to find an AP to associate with, it scans and searches the nearby APs in the wireless network to obtain information about the channels between the client and each AP. The channel information includes network performance metrics, such as RSS, latency, bandwidth (throughput), loss rate, etc. The client may obtain the values for each metric) that uses one technology ([0017] The WLAN 110 may be connected to an access network or any wide area network (WAN)), wherein the first wireless network provides a first wireless communication or more users of a plurality of users access to a collection of servers that enable services; obtaining second network performance data characterizing a second wireless network ([0013] Different network performance metrics can be used for the client to select different APs for different data flows. When a client needs to find an AP to associate with, it scans and searches the nearby APs in the wireless network to obtain information about the channels between the client and each AP. The channel information includes network performance metrics, such as RSS, latency, bandwidth (throughput), loss rate, etc. The client may obtain the values for each metric.) that uses a second wireless communication technology ([0017] or other network, and not just the Internet 101.), wherein the second wireless communication technology is a different technology than the first wireless communication technology (An AP is a device that allows wireless communication devices, such as the client 104, to connect to a wireless network using a standard, such as an 802.11 standard or other type of standard.), and wherein the second wireless network provides one or more of the plurality of users access to the collection of servers that enable services ([0020] In FIG. 1, the client 104 is wirelessly connected to one of the APs 103 a-103 c. The client 104 may be connected to the Internet 101 via one or more of the APs 103 a-103 c and the router 102 to send and receive data flows.); obtaining first service performance data characterizing a first service of the services that are enabled by the collection of servers ([0021] Examples of types of data flows are VoIP, multiplayer game data, streaming video or audio, or bulk transfer of data. Each type of data flow is associated with a particular data flow metric, such as signal strength, latency, bandwidth, loss rate, etc.); obtaining first service requirements of the first service ([0023] Thus, it is advantageous for the client 104 to connect to the AP 103 a for receiving a data flow that requires a small loss rate, such as streaming a video, to AP 103 b for receiving a data flow that requires a shortest delay, such as a VoIP traffic, and to AP 103 c for receiving a data flow that requires a high bandwidth, such as a large file download.); and responsive to a first user of the plurality of users indicating a
preference to utilize the first service, selecting one of the first wireless network or the second wireless network as a selected wireless network for the first user, wherein the selecting of the selected wireless network is based upon the first network performance data, the second network performance data, the first service performance data, and the first service requirements ([0023] Thus, it is advantageous for the client 104 to connect to the AP 103 a for receiving a data flow that requires a small loss rate, such as streaming a video, to AP 103 b for receiving a data flow that requires a shortest delay, such as a VoIP traffic, and to AP 103 c for receiving a data flow that requires a high bandwidth, such as a large file download.) .
Lee does not explicitly teach: responsive to a first user of the plurality of users indicating a preference to utilize the first service, selecting one of the first wireless network or the second wireless network as a selected wireless network for the first user,
However, in the same field of endeavor, Breuer teaches: responsive to a first user of the plurality of users indicating a preference to utilize the first service, selecting one of the first wireless network or the second wireless network as a selected wireless network for the first user ([0064] According to a second aspect of the invention it is proposed a user equipment configured for operating in a cellular network comprising at least two network slices, a plurality of base stations, and at least one network mobility unit, the user equipment being configured to camp on one of the base stations, hereinafter the serving base station, and to maintain a list of preferred network services, the user equipment being configured for selection of one of the network slices to: [0065] receive from at least one of the plurality of base stations a signaling indicating a set of quality of service values supported by the basestation, [0066] determine from said received sets of supported quality of service value at least one supported network service for respective base stations, [0067] prioritize said base stations by means of said determined supported network services in consideration of at least one out of the list of preferred network services, [0068] select one of the base stations considering said prioritization).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to include the feature of base station selection (and thus network selection) based on a user preference for a particular service and a combination of Lee with Breuer renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., selecting one of the base stations considering a prioritization based on preferred network services).
The combination of Lee and Breuer do not specifically teach: selecting from between the first wireless network or the second wireless network as a selected wireless network for the first user, wherein the selecting of the selected wireless network is based upon the first network performance data, the second network performance data, the first service performance data, and the first service requirements.
However, in the same field of endeavor, Mueck teaches: selecting from between the first wireless network or the second wireless network as a selected wireless network for the first user ([0029] In this context, network 200 may be assumed to provide a set of network policies that will enforce operator preferences such as MAC modes, data rates, radio network selection, the numbers or types of radio links, or other parameters.), wherein the selecting of the selected wireless network is based upon the first network performance data, the second network performance data, the first service performance data, and the first service requirements.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee and Breuer to include the feature of selecting network and a combination of Lee and Breuer with Mueck renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., select a preferred network for supporting services and selecting a network to affect a service on that network).
The combination of Lee, Breuer, and Mueck does not teach: that the services are metaverse services.
However, in the same field of endeavor, Mohebbi teaches: that the services may be metaverse services ([0020] A developing technology likely to have a revolutionary impact on humanity is the metaverse. Although the metaverse may be defined in a myriad of ways, in some examples and as used herein, the metaverse may represent a single, universal, and/or immersive virtual environment. In some examples, the metaverse may be facilitated by the use of virtual reality (VR), augmented reality (AR), mixed reality (MR), and extended reality (XR), among other things. In some examples, a metaverse application may be facilitated via a server located on an edge of a public or private cloud (i.e. an “edge server”). Also, in some examples, a metaverse application may be facilitated via a server located behind a cellular core network (e.g., a 5G core (5GC) network). In some instances, these diverse manners of facilitating metaverse applications may make it difficult to implement a single, unified approach to metaverse security.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the combination of Lee, Breuer, and Mueck to include the feature of metaverse services and a combination of Lee, Breuer, and Mueck with Mohebbi renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing services as metaverse services).
Regarding claim 15, Lee teaches: wherein the selecting of the selected wireless network is such that: the first wireless network is selected in a first case that performance characteristics of the first wireless network more closely match performance characteristics of the first service than do corresponding performance characteristics of the second wireless network; and the second wireless network is selected in a second case that performance characteristics of the second wireless network more closely match performance characteristics of the first service than do corresponding performance characteristics of the first wireless network ([0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350, an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.).
Regarding claim 16, Lee teaches: wherein the selecting of the selected wireless network is such that: the first wireless network is selected in a first case that performance requirements of the first service are more closely met by the first wireless network than by the second wireless network; and the second wireless network is selected in a second case that performance requirements of the first service are more closely met by the second wireless network than by the first wireless network ([0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350, an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.).
Regarding claim 17, Lee teaches: obtaining second service performance data characterizing a second service of the services that are enabled by the collection of servers, wherein the second service is a different service than the first service; obtaining second service requirements of the second service; and responsive to a second user of the plurality of users indicating another preference to utilize the second service, selecting one of the first wireless network or the second wireless network as another selected wireless network for the second user, wherein the selecting of the another selected wireless network is based upon the first network performance data, the second network performance data, the second service performance data, and the second service requirements; facilitating a first providing of the selected service via the first wireless network to first user equipment of the first user; and facilitating a second providing of the another selected service via the second wireless network to second user equipment of the second user ([0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350, an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.). MPEP § 2144.04(IV)(B) provides that the duplication of parts (e.g., reciting a second user, another preference, a second wireless network, and further selecting the first service or the second service) is obvious as the “ mere duplication of parts has no patentable significance unless a new and unexpected result is produced.”
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chong in view of Kotecha and Lee and further in view of Mohebbi.
Regarding claim 18, Lee teaches: A method comprising: requesting from a first wireless network, by a processing system including a processor, first performance metrics of the first wireless network, wherein the first wireless network is of one generation, and wherein the first wireless network provides one or more users of a plurality of users (Abstract; [0007] According to a first aspect, a resource management method is provided. The method includes obtaining, by a data analytics function network element, a first service experience data set of a service, where each piece of first service experience data in the first service experience data set is used to indicate service quality of all users or a plurality of users in a network, wherein the service is executed by the users, and the service is run in the network, obtaining, by the data analytics function network element, information about a first service quality requirement of the service) access to a plurality of metaverse services; requesting from a second wireless network, by the processing system, second performance metrics of the second wireless network, wherein the second wireless network is of another generation from the one generation, and wherein the second wireless network provides one or more users of the plurality of users access to the plurality of metaverse services; requesting from a first metaverse service of the plurality of metaverse services, by the processing system, third performance metrics of the first metaverse service ([0014] In a possible implementation of the first aspect, before obtaining, by the data analytics function network element, a second service experience data set of the service, the method further includes obtaining, by the data analytics function network element, a third service experience data set of the service, where each piece of third service experience data in the third service experience data set is used to indicate service experience, corresponding to the single user, of the service, and obtaining, by the data analytics function network element, a third network data set, corresponding to the third service experience data set, of the network, where each piece of third network data in the third network data set includes flow-level network data corresponding to the service, where obtaining, by the data analytics function network element, a second service experience data set of the service includes obtaining, by the data analytics function network element, the second service experience data set based on the third service experience data set and the third network data set. In the foregoing possible implementation, the data analytics function network element obtains a relationship between user-level service experience and flow-level network data based on a large amount of historical user-level service experience data and a large amount of corresponding historical flow-level network data, and calculates or infers current or future user-level service experience data based on the relationship.); requesting from a second metaverse service of the plurality of metaverse services, by the processing system, fourth performance metrics of the second metaverse service, wherein the second metaverse service is different from the first metaverse service ([0043] In a possible implementation of the fourth aspect, determining second service experience data based on the third service experience data set and the third network data set includes obtaining a fourth network data set, and determining the second service experience data based on the third service experience data set, the third network data set, and the fourth network data set.); facilitating, by the processing system, provision via the first wireless network to a first user of the plurality of users one of the first metaverse service or the second metaverse service as a selected metaverse service, wherein the selecting of the selected metaverse service is based upon the first performance metrics of the first wireless network, the third performance metrics of the first metaverse service, and the fourth performance metrics of the second metaverse service ([0010] In a possible implementation of the first aspect, when the data analytics function network element is the network data analytics device, the method further includes sending, by the data analytics function network element, the second network data set to the network management device or a network repository device such that the network management device or the network repository device adjusts or sets the network based on the second network data set. In the foregoing possible implementation, different network devices trigger network adjustment or setting based on the second network data set.); and facilitating, by the processing system, provision of the first metaverse service to a second user of the plurality of users via one of the first wireless network or the second wireless network as a selected wireless network, wherein the selecting the selected wireless network is based upon the first performance metrics of the first wireless network, the second performance metrics of the second wireless network, and the third performance metrics of the first metaverse service.
Chong discloses obtaining service performance data that characterizes services. Chong, however, does not explicitly disclose obtaining second service of the services that are enabled by the collection of servers, wherein the second service is a different service than the first service or obtaining second service requirements of the second service and selecting one of the first service or the second service as a selected service for the first user, wherein the selecting of the selected service is based upon the first network performance data, the first service performance data, the first service requirements, the second service performance data, and the second service requirements.
Kotecha discloses transmission optimization of the traffic flows in the wireless network based on values for parameters associated with applications and based on information relating to a state of a wireless network. (Abstract). Kotecha discloses determining modifications to the operation of the wireless network based on the values for the performance parameters and based on the information regarding the state of the wireless network ([0060]). For example, Applications may be associated with desired performance parameter values, which may represent minimum desirable thresholds for acceptable performance of the application. ([0039]).
Thus, Chong and Kotecha each disclose optimization of a network using performance data. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that satisfaction of a network requirement by a particular service could have been substituted for the second experience data set because both perform the function of optimizing network resources and quality of service. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of selecting a service based on performance data of the network, first service, and second service using the methods known in Kotecha.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the quality of service teachings in Kotecha for the quality of service techniques in Chong according to known methods to yield the predictable result of selecting a service based on performance data of the network, first service, and second service according to respective service requirements.
The combination of Chong and Kotecha does not teach receiving performance metrics from respective networks. Although the duplication of parts is not patentably distinct (MPEP § 2144.04(VI)(B)), Lee teaches these elements ([0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350, an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of
facilitating provisions of services via respective access points and networks and the combination of Chong and Kotecha with Lee renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., facilitating provisions of services via respective access points).
The combination of Chong, Kotecha, and Lee does not teach that the services are metaverse services.
However, in the same field of endeavor, Mohebbi teaches: requesting from a first metaverse service of the plurality of metaverse services, by the processing system, third
performance metrics of the first metaverse service; requesting from a second metaverse service of the plurality of metaverse services, by the processing system, fourth performance metrics of the second metaverse service, wherein the second metaverse service is different from the first metaverse service (FIGs. 1A-B; [0076] In some examples, to leverage 5G security trust model and protocols and to provide metaverse compatibility, one or more additions and/or modifications may be made to a server (e.g., a cloud server, an edge server, etc.). As used herein, a “metaverse server” may include may include any server that implemented to facilitate the metaverse. ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Chong to include the feature of metaverse-type services and the combination of Chong, Kotecha, and Lee with Mohebbi renders the claim prima facie obvious within the described scope of the prior art and any indicated
differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) because at the time there was a recognized need in the art (e.g., movement towards metaverse services); there were a finite number of identified predictable potential solutions that the person of ordinary skill could implement. MPEP 2143(I)(E).
Regarding claim 19, the combination of Chong, Kotecha, Lee, and Mohebbi teaches: wherein: the selecting of the selected metaverse service is such that: the first metaverse service is selected in a first case that performance metrics of the first metaverse service more closely match performance metrics of the first wireless network than do corresponding performance metrics of the second metaverse service; and the second metaverse service is selected in a second case that performance metrics of the second metaverse service more closely match performance metrics of the first wireless network than do corresponding performance metrics of the first metaverse service; and the selecting of the selected wireless network is such that: the first wireless network is selected in a third case that performance metrics of the first wireless network more closely match performance metrics of the first metaverse service than do corresponding performance metrics of the second wireless network; and the second wireless network is selected in a fourth case that performance metrics of the second wireless network more closely match performance metrics of the first metaverse service than do corresponding performance metrics of the first wireless network (Lee - [0028] For each data flow, the client 104 compares the network performance metrics for each AP to the data flow metric for each data flow to identify the AP that should provide the best performance or quality of service for the data flow. The client 104 stores a data flow metric for each type of data flow. [0037] At step 350, an AP to receive a particular data flow therefrom is selected from the list of the available APs based on the information of the at least one channel and the type of the data flow metric by the client. Here, the type of the network performance metric from the selected AP should match the type of the data flow metric. For example, if the network performance metrics received from the AP 103b include bandwidth, delay and loss rate, the client 104 uses the delay network performance metric value to determine whether the AP 103b should be selected to receive the VoIP data flow.).
Regarding claim 20, the combination of Chong, Kotecha, Lee, and Mohebbi teaches: wherein: the selecting of the selected metaverse service is such that: the first metaverse service isselected in a first case that performance metrics of the first metaverse service are met by the first wireless network; and the second metaverse service is selected in a second case that performance metrics of the second metaverse service are met by the first wireless network; and the selecting of the selected wireless network is such that: the first wireless network is selected in a third case that performance requirements of the first metaverse service are met by the first wireless network; and the second wireless network is selected in a fourth case that performance requirements of the first metaverse service are met by the second wireless network (Chong - [0065] In a possible design, determining, by a first network element, a status reflecting how a network satisfies a network quality requirement includes receiving, by the first network element, first network experience data of the network from the network data analytics device, where the first network experience data is used to indicate network service quality, and determining, by the first network element based on the first network experience data, the status reflecting how the network satisfies the network quality requirement).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2025/0036964 (Wang) related to a communication method and apparatus
U.S. Publication No. 2009/0013070 (Srivastava) related to a system and method for providing network application performance management in a network
U.S. Publication No. 2023/0308930 (Xin) related to a communication method and apparatus
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.
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/JAB/ Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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