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 .
Applicant amended claims 1, 2, 9, 27, 28 and 35-37.
Applicant cancelled claims 10-26 on a previous action.
Status of claims:
Claims 1-9 and 27-37 are pending in this office action.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 and 27-37 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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 6, 9, 27, 28, 32 and 35-37 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Chen et al. (NPL-Performance Optimization of Federal Learning over Mobile Wireless Networks (hereinafter D1)
Per claim 1,D1 discloses a method for obtaining data, comprising: receiving, by a terminal device, first configuration information from a network device, wherein the first configuration information indicates a data collection manner, a data preprocessing manner (page 2, a & b, . The BS broadcasts the learning task information to each user and each user i generates its local FL model wi and each user i uses its collected data to train its local FL. model Wi and sends the trained Wi to the BS, examiner interprets training local FL as preprocessing function ), and/or a data reporting manner for a first function (page 2, b; each user i uses its collected data to train its local FL. model Wi and sends the trained Wi to the BS), and the first function is an artificial intelligence (AI) function to be trained (page 4, The FL algorithm is used to identify the handwritten digits from 0 to 9. The entire simulation is coded using MATLAB and MATLAB
machine learning toolbox. 100 handwritten digits are used to test the trained FL algorithms) and/or inferenced by the network device, wherein the data collection manner is a manner for collecting data by the terminal device(page 1, Consider a wireless network composed of one BS and a set u of U mobile users that jointly execute an FL algorithm for data analysis and inference. In our model, each user i collects Nᵢ training data samples for training its local FL model Wi) , the data preprocessing manner is a manner for preprocessing the collected data(page 2, examiner interprets training local FL as preprocessing function), and the data reporting manner includes one or more of: data reporting dimensions, data reporting cycles, and a number of times of data reporting (page 2,b, c, d, Each user i uses its collected data to train its local FL model Wi and sends the trained Wi to the BS.. The BS integrates the local FL models to generated a new FL model and broadcasts it back to all users. Steps b. and c. are repeated until find the optimal FL models to minimize the loss functions) , the data reporting dimensions including types of the collected data; and performing, by the terminal device, -collection of data (page 1, i.e. FL convergence time minimization is studied as packet error rate, resource allocation, transmit power, and user selection affect the FL performance and optimized these wireless factors to improve the FL performance. However, most of this prior art in [3]-[8] considered the implementation of FL algorithms over a static wireless network, and they ignored the effect of the users' mobility on-the FL performance. In fact, the users' mobility patterns will affect users' signal-to-noise ratio and transmission delay thus affecting the FL performance, examiner interprets the type data collected includes packet error rate, resource allocation, transmit power,, and/or preprocessing of the data, and/or reporting of the data to the network device based on the first configuration information (as addressed previously).
Per claim 2, refer to the same rationale as explained in claim 1 (page 2, The BS integrates the local FL models to generated a new FL model and broadcasts it back to all users. Steps b. and c. are repeated until find the optimal FL models to minimize the loss functions).
Per claim 6, refer to the same rationale as explained in claim 1.
Per claim 9, D1 discloses the method according to claim 1, wherein the first configuration information indicates a second function, and the method further comprises: adjusting, by the terminal device based on the second function, an AI function used by the terminal device (see Section II , page 2, b, c. d, Each user updates their local FL model given the global FL model that the BS broadcasts to the users. The update of the local FL model depends on the training method used. In our model, the full gradient descent method [9] was used to update the local FL model. Where φ is the learning rate and φ is the gradient descent associated with φ. B. Each user i trains its local F1 model using its collected data and sends the trained to the BS. C. The BS integrates the local FL model to generate a new FL model and broadcasts it back to all users. D. Repeating step b. And c until an optimal FL model is found to minimize the loss function)
Per claim 27, refer to the same rationale as explained in claim 1, D1 reference show a process of receiving(receiver) FL models where the models are interpreted , therefore there’s a processor in the mobile station and collecting data, associated a memory unit at the mobile device. Downloading data is associated executing computer program.
Per claim 28, refer to the same rationale as explained in claim 2.
Per claim 32, refer to the same rationale as explained in claim 6.
Per claim 35, refer to the same rationale as explained in claim 9.
Per claim 36, refer to the same rationale as explained in claim 1 and 27.
Per claim 37, refer to the same rationale as explained in claim 2.
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.
Claim(s) 3-5, 7, 8, 29-31, 33 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in further view of Buracchini et al. (US20090067367) (hereinafter Buracchini).
Per Claim 3, D1 discloses the method according to claim 1 but fails to disclose further comprising: sending, by the terminal device, a configuration-information obtaining request to the network device, wherein the configuration-information obtaining request is used for requesting the first configuration information.
In an analogous filed of endeavor, Buracchini discloses sending, by the terminal device, a
configuration-information obtaining request to the network device, wherein the configuration-information
obtaining request is used for requesting the first configuration information. (paragraph 0473, the radio
resource RR receives the primitive Authentication_Rsp and sends on the PACCH at the time specified by
the Relative Reserved Block Period RRBP the protocol message Packet_Authentication_Response to the
radio resource RR of the base station controller BSC.and paragraph 0481, i.e. the radio resource RR
receives the primitive Capability_Rsp and sends on the PACCH at the time specified by the RRBP the
protocol message Packet_Capability_Response to the radio resource RR of the base station controller
BSC).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to have incorporated the teachings of Buracchini into the invention
of D1, where D1 provides In the considered model, several mobile users and a network base station (BS) cooperatively perform an FL algorithm. In particular, the wireless mobile users train their
local FL models and send the trained local FL model parameters to the BS.and Buracchini provides a method for configuring a re-configurable radio terminal through a communication network operating according to a communication system, wherein the radio terminal is configured for exchanging information with at least one node of the communication network by using the communicating system in order to allow effective and flexible use of radio resources via the software download service is transparent and is viewed by the network as any other signaling and traffic data flow; where reconfiguring terminals according to protocol stacks, See Buracchini, paragraphs 0045-0050, 0473 and 0481.
Per claim 4, D1 and Buracchini discloses the method according to claim 3, wherein
Buracchini discloses the configuration-information obtaining request contains device capability
information of the terminal device( paragraph 0481, i.e. the radio resource RR receives the primitive
Capability_Rsp and sends on the PACCH at the time specified by the RRBP the protocol message
Packet_Capability_Response to the radio resource RR of the base station controller BSC, same rationale
as explained in claim 3).
Per claim 5, D1 and Buracchini discloses the method according to claim 4, wherein sending,
by the terminal device, the configuration-information obtaining request to the network device comprises
(refer to claim 4): Buracchini discloses sending, by the terminal device, the configuration-information
obtaining request to the network device when a device processing capability of the terminal device is
limited; or sending, by the terminal device, the configuration-information obtaining request to the network
device when a data precision requirement is required to be changed (paragraph 0195 and 0196, i.e.
Ack_Bitmap: it is a bit mask having a size equal to the total number of radio blocks into which the
operating software has been segmented; for each radio block it is set to "1" if the block has been
successfully received and it is set to "0" if the block has been received but corrupted or has not been
received at all. And the modifications to the RR protocol foreseen by the preferred embodiment of the
invention, are based on the introduction of primitives between the OTA-Client and the radio resource RR
on the terminal MS side and on the introduction of primitives between the OTA-Server and the radio
resource RR at the base station controller BSC side).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to have incorporated the teachings of Buracchini into the invention
of D1 in order to allow effective and flexible use of radio resources via the software download service
is transparent and is viewed by the network as any other signaling and traffic data flow; where
reconfiguring terminals according to protocol stacks.
Per claim 7, D1 discloses the method according to claim 1, but fails to explicitly disclose further comprising: receiving, by the terminal device, an activation message sent by the network device, wherein the activation message is used for activating the configuration performed based on the first configuration information.
In an analogous field of endeavor, Buracchini discloses receiving, by the terminal device, an activation message sent by the network device, wherein the activation message is used for activating the configuration performed based on the first configuration information (paragraph 0492 and 0493, i.e. The radio resource RR of the base station controller BSC receives the protocol message Packet_Download_Accept and sends the primitive Download_Accept_Cnf to the OTA-Client-Context. and and the OTA-Client-Context goes to the state SOFTWARE DOWNLOAD while activating the timer T400; the OTA-Client-Context starts the download and by sending primitives Data_Req to the radio resource RR begins to transmit the various blocks of the software to be downloaded)..
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to have incorporated the teachings of Buracchini into the invention
of D1 in order to allow effective and flexible use of radio resources via activating the software download service via timer and is viewed by the network as any other signaling and traffic data flow; where
reconfiguring terminals according to protocol stacks.
Per claim 8, D1 discloses The method according to claim 1, wherein receiving, by the terminal device, the first configuration information from the network device (refer to claim 1 rationale)comprises: but fails to explicitly disclose receiving, by the terminal device, a radio resource control (RRC) message from the network device, wherein the RRC message contains the first configuration information.
In an analogous field of endeavor, Buracchini discloses receiving, by the terminal device, a radio resource control (RRC) message from the network device, wherein the RRC message contains the first configuration information (paragraph 0113 and 0114, RRC message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to have incorporated the teachings of Buracchini into the invention
of D1 in order to allow effective and flexible use of radio resources via the software download service
is transparent and is viewed by the network as any other signaling and traffic data flow via RRC messages.
Per claim 29, refer to the same rationale as explained in claim 3.
Per claim 30, refer to the same rationale as explained in claim 4.
Per claim 31, refer to the same rationale as explained in claim 5.
Per claim 33, refer to the same rationale as explained in claim 7.
Per claim 34, refer to the same rationale as explained in claim 8.
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 JOSEPH E DEAN, JR whose telephone number is (571)270-7116. The examiner can normally be reached Mon-Fri 7:30-3:30.
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/JOSEPH E DEAN, JR/ Primary Examiner, Art Unit 2647
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