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 .
This is a non-final office action in response to Application Number 18/281,900 filed on 13 September 2023 and is a 371 application of PCT/CN2021/080779 filed on 15 March 2021. A preliminary amendment was also filed on 13 September 2023 in which claims 1-48 are canceled, claims 49-68 are added, and no claims are amended. The claims 49-68 are pending in this application.
The applicant of record is Telefonaktiebolaget LM Ericsson (publ) and the inventors of record are Wenliang Xu, Fuencisla Garcia Azorero, and Susana Fernandez Alonso.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 13 September 2023 and 15 November 2024 were filed on or after the initial filing date of the instant application on 13 September 2023 and before the mailing date of the first office action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretation
The claims have been considered according to the latest Patent Eligibility Guidelines and are considered eligible.
Examiner notes that claims 49, 51, 53-54, 59, and 63-64 describe a/the “first request” for network performance recovery notification, although the language is slightly different in each of the claims: “a first request for a subscription of notification for network performance recovery” (claim 49, 59), “the first…request for subscription of notification for network performance recovery” (claim 51), “the first request” (claims 53, 63), and “a first request for subscription of notification for network performance recovery” (claims 54, 64).
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.
Claims 49-68 are rejected under 35 U.S.C. 103 as being unpatentable over Xin et al. (U.S. Patent Publication 2021/0076261 A1) in view of Dao et al. (U.S. 2020/0112907).
Regarding claim 49, Xin disclosed a method at a first network element (see Xin Fig. 16 “PCF”) for managing background data transfer (BDT) (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy #204 based on the network performance information received from the NWDAF #203 | [0248]: policy control function is responsible for making a policy control decision, e.g., regarding a background traffic transfer policy), the method comprising:
receiving, from a second network element (see Xin Fig. 16 “AF”/”NEF”; [0249]: AF interacts with core network elements, e.g., PCF, either directly or via NEF when the AF is a third-party AF), a first request (see Xin Fig. 2 #201 PCF receives a request including first information from a requesting device | Fig. 16 #1601: AF sends third information to NEF; #1602: NEF sends received third information to PCF | [0798]: PCF sends information to the NWDAF by invoking an Nnwdaf_AnalyticsSubscription_Subscribe request service; Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF) for a subscription of notification for network performance recovery (see Xin-Dao combination below);
determining that a network performance is recovered from a degraded network performance (see Xin-Dao combination below); and
transmitting, to the second network element (see Xin Fig. 16 “AF”/”NEF”), a first notification (see Xin Fig. 16 #1607 PCF transmits background traffic transfer policy to NEF; #1608: NEF transmits received background traffic transfer policy to AF) for the network performance recovery (see Xin-Dao combination below).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the requests are “for a subscription of notification for network performance recovery”, that the notifications are notifications “for the network performance recovery”, and that there is an explicit determination “determining that a network performance is recovered from a degraded network performance”. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080), i.e. “for a subscription of notification for network performance recovery”, notifications “for the network performance recovery”, and “determining that a network performance is recovered from a degraded network performance”. Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 50, Xin-Dao disclosed the method of claim 49, wherein the method further comprises:
transmitting, to a third network element (see Xin Fig. 16 “NWDAF”), a second request for the subscription of notification (see Xin Fig. 16 #1603: PCF sends a message with first information to data analytics network element | [0798]: PCF sends information to the NWDAF by invoking an Nnwdaf_AnalyticsSubscription_Subscribe request service) for network performance recovery (see Xin-Dao combination below) before (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605; examiner notes that the request in #1603 is sent prior to receiving the network performance information in #1605) determining that network performance is recovered from a degraded network performance (see Xin-Dao combination below); and
receiving, from the third network element (see Xin Fig. 16 “NWDAF”), a second notification (see Xin Fig. 16 #1604: data analytics network element determines network performance based on the first information received from the first network element; #1605 PCF receives network performance information from NWDAF) for network performance recovery (see Xin-Dao combination below); and
wherein determining that network performance is recovered from a degraded network performance comprises determining that the network performance is recovered from a degraded network performance (see Xin-Dao combination below) at least partially based on the received second notification (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the requests are “for a subscription of notification for network performance recovery”, that the notifications are notifications “for the network performance recovery”, that the subscription request is sent before “determining that a network performance is recovered from a degraded network performance”, and that the received performance information is used to determine that the network performance has recovered, i.e. “wherein determining that network performance is recovered from a degraded network performance comprises determining that the network performance is recovered from a degraded network performance” based on the received performance information. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 51, Xin-Dao disclosed the method of claim 50, further comprising:
determining that network performance is degraded (see Xin-Dao combination below);
transmitting, to the second network element (see Xin Fig. 16 “AF”/”NEF”), a third notification (see Xin Fig. 16 #1607 PCF transmits background traffic transfer policy to NEF; #1608: NEF transmits received background traffic transfer policy to AF; #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605) for network performance degradation (see Xin-Dao combination below); and
wherein each of the first and second requests for subscription of notification for network performance recovery also requests for subscription of notification for network performance degradation (see Dao combination below).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that there is an explicit determination “determining that network performance is degraded”, that the notifications are notifications “for network performance degradation”, and that the subscription requests are for both recovery and degradation, i.e. “wherein each of the first and second requests for subscription of notification for network performance recovery also requests for subscription of notification for network performance degradation”. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 52, Xin-Dao disclosed the method of claim 51, further comprising:
receiving, from the third network element (see Xin Fig. 16 “NWDAF”), a fourth notification (see Xin Fig. 16 #1604: data analytics network element determines network performance based on the first information received from the first network element; #1605 PCF receives network performance information from NWDAF) for network performance degradation (see Xin-Dao combination below) before determining (see Xin [0668]: NWDAF provides prediction information) that network performance is degraded (see Xin-Dao combination below); and
wherein determining that network performance is degraded comprises determining that the network performance is degraded at least partially based on the received fourth notification (see Xin-Dao combination below).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), the NWDAF providing performance predictions (see Xin [0668]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the performance notifications are notifications “for network performance degradation” sent before “determining that network performance is degraded” and that the prediction (“fourth notification”) is used during the determination of network performance degradation, i.e. “wherein determining that network performance is degraded comprises determining that the network performance is degraded at least partially based on the received fourth notification”. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 53, Xin-Dao disclosed the method of claim 50, wherein each of the first and second requests further indicates a desired time window for BDT (see Xin Fig. 2 #201, [0260]: PCF receives a request including first information from a requesting device (“first request”); [0261]: first information includes, e.g., expected background traffic transmission time window, etc. | Fig. 2 #202, [0272]: PCF sends request to NWDAF (“second request”) based on the received first information; [0274]: the information sent from the PCF to the NWDAF includes the background traffic transmission window).
Regarding claim 54, Xin-Dao disclosed the method of claim 53, further comprises:
determining one or more first candidate (see Xin [0681]: PCF sends background traffic transfer policy to NEF as part of the Npcf_BDT Policy Control_Create or Npcf_PolicyAuthorization_Notify service; [0683]: NEF sends background traffic transfer policy to AF by invoking Nnef_BDT PNegotiation_Create service; examiner notes that a policy is interpreted as being functionally equivalent to a “candidate” policy until the end of the negotiation service when the policy goes into effect) BDT policies at least partially based on network performance (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605) for the desired time window (see Xin Fig. 2 #201, [0260]: PCF receives a request including first information from a requesting device (“first request”); [0261]: first information includes, e.g., expected background traffic transmission time window, etc. | Fig. 2 #202, [0272]: PCF sends request to NWDAF (“second request”) based on the received first information; [0274]: the information sent from the PCF to the NWDAF includes the background traffic transmission window) after receiving (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605; examiner notes that policy determination in #1606 occurs after receiving the requests in #1601/1602), from a second network element (see Xin Fig. 16 “AF”/”NEF”), a first request (see Xin Fig. 2 #201 PCF receives a request including first information from a requesting device | Fig. 16 #1601: AF sends third information to NEF; #1602: NEF sends received third information to PCF | [0798]: PCF sends information to the NWDAF by invoking an Nnwdaf_AnalyticsSubscription_Subscribe request service; Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF) for subscription of notification for network performance recovery (see Xin-Dao combination below); and
transmitting, to the second network element (see Xin Fig. 16 “AF”/”NEF”), the determined one or more first candidate (see Xin [0681]: PCF sends background traffic transfer policy to NEF as part of the Npcf_BDT Policy Control_Create or Npcf_PolicyAuthorization_Notify service; [0683]: NEF sends background traffic transfer policy to AF by invoking Nnef_BDT PNegotiation_Create service; examiner notes that a policy is interpreted as being functionally equivalent to a “candidate” policy until the end of the negotiation service when the policy goes into effect) BDT policies (see Xin Fig. 16 #1607 PCF transmits background traffic transfer policy to NEF; #1608: NEF transmits received background traffic transfer policy to AF).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), the NWDAF providing performance predictions (see Xin [0668]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the requests are “for subscription of notification for network performance recovery”. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 55, Xin-Dao disclosed the method of claim 54, further comprises:
receiving, from the second network element (see Xin Fig. 16 “AF”/”NEF”), a message indicating a BDT policy (see Xin Fig. 12B #1213: PCF receives target background traffic transfer policy that was selected by AF in #1211) selected from the one or more first candidate BDT policies (see Xin Fig. 12B #1211 AF selects a target background traffic transfer policy after having received a background traffic transfer policy in #1208 that was determined by the PCF in #1206 | [0689]: when there are a plurality of background traffic transfer policies, after step #1208, the AF selects a target policy ([0690] and sends to the PCF ([0693]) via the NEF ([0691] as part of the Nnef_BDTPNegotiation_Update service ([0692]).); and
transmitting, to a fourth network element (see Xin [0251]: UDR is a database network element for storing data), a request for storing the selected BDT policy (see Xin [0696]: PCF sends request to UDR to store selected policy) as a degraded and currently selected BDT policy or a desired and currently selected BDT policy depending on whether the network performance is degraded or not (see Xin [0353]: database network element stores policies; PCF obtains selected policy from database network element; [0356]: there are multiple background traffic transfer policies, so the terminal sends the identification of the selected policy; examiner notes that whether or not the selected policy is a policy for degraded performance is dependent on the network performance).
Regarding claim 56, Xin-Dao disclosed the method of claim 54, further comprises receiving, from the second network element (see Xin Fig. 16 “AF”/”NEF”), a message indicating that none of the one or more first candidate BDT policies is selected (see Xin Fig. 12B #1213: PCF receives target background traffic transfer policy that was selected by AF in #1211 | [0689]: when there are a plurality of background traffic transfer policies, after step #1208, the AF selects a target policy ([0690] and sends to the PCF ([0693]) via the NEF ([0691] as part of the Nnef_BDTPNegotiation_Update service ([0692]) | examiner notes that re-negotiations (Xin 0692: update negotiations) are part of the negotiation process and that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the negotiation process also includes indicating rejections when applicable; additionally, Dao disclosed rejecting service requests (0335).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 57, Xin-Dao disclosed the method of claim 56, further comprises:
determining one or more second candidate (see Xin [0689]: there are a plurality of background traffic transfer policies; examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to repeat the policy analysis as network conditions change, e.g. as part of Nnef_BDTPNegotiation_Update service ([0692]) | [0681]: PCF sends background traffic transfer policy to NEF as part of the Npcf_BDT Policy Control_Create or Npcf_PolicyAuthorization_Notify service; [0683]: NEF sends background traffic transfer policy to AF by invoking Nnef_BDT PNegotiation_Create service; examiner notes that a policy is interpreted as being functionally equivalent to a “candidate” policy until the end of the negotiation service when the policy goes into effect) BDT policies at least partially based on degraded (see Xin-Dao combination below regarding “degraded”) network performance upon determining that the network performance (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605) is degraded (see Xin-Dao combination below); and
transmitting, to the second network element (see Xin Fig. 16 “AF”/”NEF”), the determined one or more second candidate BDT policies together with the third notification (see Xin Fig. 16 #1607 PCF transmits background traffic transfer policy to NEF; #1608: NEF transmits received background traffic transfer policy to AF).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), the NWDAF providing performance predictions (see Xin [0668]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the policy decisions are based on “degraded” network performance. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about whether or not a policy decision is based on degraded performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 58, Xin-Dao disclosed the method of claim 57, further comprises:
receiving, from the second network element (see Xin Fig. 16 “AF”/”NEF”), a message indicating a BDT policy (see Xin Fig. 12B #1213: PCF receives target background traffic transfer policy that was selected by AF in #1211) selected from the one or more second candidate BDT policies (see Xin Fig. 12B #1211 AF selects a target background traffic transfer policy after having received a background traffic transfer policy in #1208 that was determined by the PCF in #1206 | [0689]: there are a plurality of background traffic transfer policies; examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to repeat the policy analysis as network conditions change, e.g. as part of Nnef_BDTPNegotiation_Update service ([0692]) | [0681]: PCF sends background traffic transfer policy to NEF as part of the Npcf_BDT Policy Control_Create or Npcf_PolicyAuthorization_Notify service; [0683]: NEF sends background traffic transfer policy to AF by invoking Nnef_BDT PNegotiation_Create service; examiner notes that a policy is interpreted as being functionally equivalent to a “candidate” policy until the end of the negotiation service when the policy goes into effect); and
transmitting, to a fourth network element (see Xin [0251]: UDR is a database network element for storing data), a request for storing the selected BDT policy (see Xin [0696]: PCF sends request to UDR to store selected policy) as a degraded and currently selected BDT policy (see Xin [0353]: database network element stores policies; PCF obtains selected policy from database network element; [0356]: there are multiple background traffic transfer policies, so the terminal sends the identification of the selected policy; examiner notes that whether or not the selected policy is a policy for degraded performance is dependent on the network performance).
Regarding claim 59, the claim contains the limitations, substantially as claimed, as described in claim 49 above. Xin disclosed, as recited in claim 59: A first network element (see Xin Fig. 16 “PCF”) for managing background data transfer (BDT) (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy #204 based on the network performance information received from the NWDAF #203 | [0248]: policy control function is responsible for making a policy control decision, e.g., regarding a background traffic transfer policy), the first network element comprising:
processing circuitry and memory, the memory containing instructions executable by the processing circuitry (see Xin Fig. 9, [0606]: #902 processor, #903 memory, memory stores computer executable instructions), whereby the first network element is configured to:
receive, from a second network element (see Xin Fig. 16 “AF”/”NEF”; [0249]: AF interacts with core network elements, e.g., PCF, either directly or via NEF when the AF is a third-party AF), a first request (see Xin Fig. 2 #201 PCF receives a request including first information from a requesting device | Fig. 16 #1601: AF sends third information to NEF; #1602: NEF sends received third information to PCF | [0798]: PCF sends information to the NWDAF by invoking an Nnwdaf_AnalyticsSubscription_Subscribe request service; Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF) for a subscription of notification for network performance recovery (see Xin-Dao combination below);
determine that a network performance is recovered from a degraded network performance (see Xin-Dao combination below); and
transmit, to the second network element (see Xin Fig. 16 “AF”/”NEF”), a first notification (see Xin Fig. 16 #1607 PCF transmits background traffic transfer policy to NEF; #1608: NEF transmits received background traffic transfer policy to AF) for the network performance recovery (see Xin-Dao combination below).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the requests are “for a subscription of notification for network performance recovery”, that the notifications are notifications “for the network performance recovery”, and that there is an explicit determination “determine that a network performance is recovered from a degraded network performance”. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080), i.e. “for a subscription of notification for network performance recovery”, notifications “for the network performance recovery”, and “determine that a network performance is recovered from a degraded network performance”. Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 60, the claim contains the limitations, substantially as claimed, as described in claim 50 above. Xin-Dao disclosed, as recited in claim 60: The first network element of claim 59, further configured to:
transmit, to a third network element (see Xin Fig. 16 “NWDAF”), a second request for the subscription of notification (see Xin Fig. 16 #1603: PCF sends a message with first information to data analytics network element | [0798]: PCF sends information to the NWDAF by invoking an Nnwdaf_AnalyticsSubscription_Subscribe request service) for network performance recovery (see Xin-Dao combination below) before (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605; examiner notes that the request in #1603 is sent prior to receiving the network performance information in #1605) determining that network performance is recovered from a degraded network performance (see Xin-Dao combination below); and
receive, from the third network element (see Xin Fig. 16 “NWDAF”), a second notification (see Xin Fig. 16 #1604: data analytics network element determines network performance based on the first information received from the first network element; #1605 PCF receives network performance information from NWDAF) for network performance recovery (see Xin-Dao combination below); and
wherein the first network element is configured to determine that the network performance is recovered from a degraded network performance (see Xin-Dao combination below) at least partially based on the received second notification (see Xin Fig. 16 #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that the requests are “for a subscription of notification for network performance recovery”, that the notifications are notifications “for the network performance recovery”, that the subscription request is sent before “determining that a network performance is recovered from a degraded network performance”, and that the received performance information is used to determine that the network performance has recovered, i.e. “wherein determining that network performance is recovered from a degraded network performance comprises determining that the network performance is recovered from a degraded network performance” based on the received performance information. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite changing network performance (see Dao 0003).
Regarding claim 61, the claim contains the limitations substantially as claimed, as described in claim 51 above. Xin-Dao disclosed, as recited in claim 61: The first network element of claim 60, further configured to:
determine that network performance is degraded (see Xin-Dao combination below); and
transmit, to the second network element (see Xin Fig. 16 “AF”/”NEF”), a third notification (see Xin Fig. 16 #1607 PCF transmits background traffic transfer policy to NEF; #1608: NEF transmits received background traffic transfer policy to AF; #1606: PCF determines a background traffic transfer policy based on the network performance information received from the NWDAF in #1605) for network performance degradation (see Xin-Dao combination below).
Although Xin disclosed a variety of network elements sending requests, e.g. via Nnwdaf_AnalyticsSubscription_Subscribe request service (Xin [0798]), and selecting a background traffic transfer policy based on the network performance information received from the NWDAF (see Xin Fig. 16 #1606), Xin did not explicitly disclose that there is an explicit determination to “determine that network performance is degraded” and that the notifications are notifications “for network performance degradation”. Examiner notes that it would have been well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that network performance fluctuates and that it is a matter of implementation choice about when to send performance notifications and that determining when performance degrades and recovers is a part of analyzing network performance.
However in a related art of transmitting data using a background data transfer service (see Dao 0328) in accordance with BDT policy provided by PCF (see Dao 0338), Dao disclosed transmitting data to a subscribed UE (0012), e.g., QoS from data analytics function (0013) and a critical location along a vehicle’s route in order to control how a vehicle is driven (0014). A variety of network functions, e.g., AF, are able to subscribe to network QoS information that includes identification of when QoS conditions fall below the lowest threshold QoS value (0148) as well when the QoS parameters change to be different than the current level (0052), e.g., probability that QoS parameters can be supported, or not supported (0226). QoS notifications are triggered when “QoS targets of the QoS Flow cannot be fulfilled or can be fulfilled again” (0080). Also, the notifications about critical road sub-segments include an end time for when the QoS parameter is below the critical threshold, i.e. indicating that the QoS is no longer degraded and that performance has recovered (0171). Reconfiguration is performed based on QoS changes (0207), e.g., using a different vehicle assistance driving mode based on QoS (0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Xin and Dao to further clarify the types of data that can be included in NWDAF subscriptions. Including Dao’s teachings regarding notifications about network performance changes would ensure that QoS information are effectively sent to interested parties (see Dao 0010). Doing so would enable dynamically adjusting configuration in accordance with QoS changes (see Dao 0004) and ensure compliance with low-latency and/or highly reliable data transmission despite c