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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 11, 2026 has been entered.
Response to Arguments
Applicant's arguments with respect to claims 1-16 have been considered but are moot in view of the new ground(s) of rejection.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Merwaday et al. (U.S. Patent Application Number: 2022/0038554) in view of Chattopadhyay et al. (U.S. Patent Application Number: 2020/0167258).
Consider claim 1; Merwaday discloses a method performed by a terminal in a wireless communication system, the method comprising:
transmitting (par. 216, line 1 – par. 218, line 7), to an access and mobility management function (AMF) (par. 57, lines 1-8, 12-14), an identifier for an application (par. 222, lines 31-36) and network state parameter list for the application (par. 216, line 1 – par. 218, line 7), wherein the application is an artificial intelligence (AI) application or a machine learning (ML) application (par. 160, lines 1-12);
receiving (par. 57, lines 1-8, 12-14), from the AMF (par. 57, lines 1-8, 12-14), authentication information for a network state information request or a network state analysis information request and address information (par. 496, lines 1-5) for a first network entity (e.g. MEC) collecting network state information (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7);
transmitting (par. 47, lines 8-12; par. 57, lines 4-8; par. 102, lines 6-17), to the first network entity (e.g. MEC) based on the address information (par. 496, lines 1-5), the network state information request or the network state analysis information request based on the authentication information (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7);
receiving (par. 216, line 1 – par. 218, line 7), from the first network entity (e.g. MEC), network state information corresponding to the network state information request or network state analysis information corresponding to the network state analysis information request (par. 216, line 1 – par. 218, line 7).
Merwaday discloses the claimed invention except: selecting an AI or ML model to be applied to the application, based on predicted data transmission rate and at least one of the network state information or the network state analysis information; and determining a size of the Al or ML model by reducing the size of the Al or ML model in case that a network congestion is predicted and enlarging the size of the Al or ML model in case that a release of the network congestion is predicted.
In an analogous art Chattopadhyay discloses selecting an AI or ML model to be applied to the application (par. 47, lines 5-10), based on predicted data transmission rate (par. 21, lines 8-11; par. 27, lines 13-16; par. 47, lines 1-5) and at least one of the network state information or the network state analysis information [e.g. SLA failure (par. 47, lines 10-13)]; and determining a size of the Al or ML model by reducing the size of the Al or ML model (e.g. a compact set of parameters) in case that {this is invalid if this is not the case} a network congestion is predicted [e.g. network congestion is predicted (par. 47, lines 10-13; par. 48, lines 5-9)] and enlarging the size of the Al or ML model [e.g. use of more parameters (par. 48, lines 13-15)] in case that {this is invalid if this is not the case} a release of the network congestion is predicted [e.g. migrate compute activity based on the drop prediction (par. 51, lines 1-8)].
It is an object of Merwaday’s invention to provide network communication related services. It is an object of Chattopadhyay’s invention to provide a method of determining resource allocation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Merwaday by including network congestion prediction, as taught by Chattopadhyay, for the purpose of effectively providing services in a wireless network.
Consider claim 2, as applied in claim 1; Merwaday discloses the network state information request or the network state analysis information request is transmitted to the AMF from the first network entity (e.g. MEC) (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), and the network state information request or the network state analysis information request is authenticated by the AMF based on the authentication information (par. 47, lines 8-12; par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7).
Consider claim 3, as applied in claim 1; Merwaday discloses receiving, from the AMF, information on whether to accept provision of the network state information, a list of identifiers of allowed applications and a list of network state parameters allowed for the applications [e.g. access authentication and authorization (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7)].
Consider claim 4, as applied in claim 3; Merwaday discloses the information on whether to accept provision of the network state information is determined based on subscription information received from a unified data management (UDM) (par. 61, lines 1-5).
Consider claim 5; Merwaday discloses a method performed by an access and mobility management function (AMF) in a wireless communication system, the method comprising:
receiving (par. 47, lines 8-12; par. 57, lines 1-8, 12-14; par. 216, line 1 – par. 218, line 7), from a terminal (par. 216, line 1 – par. 218, line 7), an identifier for an application (par. 222, lines 31-36) and network state parameter list for the application (par. 216, line 1 – par. 218, line 7), wherein the application is an artificial intelligence (AI) application or a machine learning (ML) application (par. 160, lines 1-12);
transmitting (par. 57, lines 1-8, 12-14), to the terminal (par. 57, lines 1-8, 12-14), authentication information for a network state information request or a network state analysis information request and address information (par. 496, lines 1-5) for a first network entity (e.g. MEC) collecting network state information (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7);
receiving (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), from the first network entity (e.g. MEC) (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), the network state information request or the network state analysis information request (par. 216, line 1 – par. 218, line 7); and
performing authentication (par. 57, lines 4-8) on the received network state information request or the received network state analysis information request based on the authentication information (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7).
Merwaday discloses the claimed invention except: an Al or ML model is determined by the terminal based on predicted data transmission rate and at least one of the network state information or the network state analysis information {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}, and wherein a size of the Al or ML model is determined by the terminal based on a prediction associated with a network congestion {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}.
In an analogous art Chattopadhyay discloses an Al or ML model is determined by the terminal (par. 49) based on predicted data transmission rate (par. 21, lines 8-11; par. 27, lines 13-16; par. 47, lines 1-5) and at least one of the network state information or the network state analysis information [e.g. SLA failure (par. 47, lines 10-13)] {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}, and wherein a size of the Al or ML model (e.g. a compact set of parameters instead of use of more parameters) is determined by the terminal (par. 49) based on a prediction associated with a network congestion (par. 47, lines 10-13; par. 48, lines 5-9, 13-15) {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}.
It is an object of Merwaday’s invention to provide network communication related services. It is an object of Chattopadhyay’s invention to provide a method of determining resource allocation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Merwaday by including network congestion prediction, as taught by Chattopadhyay, for the purpose of effectively providing services in a wireless network.
Consider claim 6, as applied in claim 5; Merwaday discloses transmitting (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), to a second network entity (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), an authentication result (par. 57, lines 4-8) for the network state information request or the network state analysis information request (par. 216, line 1 – par. 218, line 7), wherein the second network entity receives network state information or network state analysis information from at least one third network entity based on the authentication result (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7).
Consider claim 7, as applied in claim 5; Merwaday discloses transmitting (par. 57, lines 1-8, 12-14), to the terminal (par. 57, lines 1-8, 12-14), information on whether to accept provision of the network state information, a list of identifiers of allowed applications and a list of network state parameters allowed for the applications [e.g. access authentication and authorization (par. 57, lines 1-8, 12-14)].
Consider claim 8, as applied in claim 7; Merwaday discloses transmitting (par. 61, lines 1-5), to a unified data management (UDM) (par. 61, lines 1-5), a request for subscription information of the terminal (par. 61, lines 1-5), receiving (par. 61, lines 1-5), from the UDM (par. 61, lines 1-5), subscription information of the terminal (par. 61, lines 1-5), and determining whether to accept the provision of the network state information based on the subscription information of the terminal (par. 57, lines 4-8; par. 61, lines 1-5).
Consider claim 9; Merwaday discloses a terminal in a wireless communication system, the terminal comprising:
a transceiver (par. 102, lines 6-10); and
a controller (par. 113, lines 13-25) configured to:
transmit (par. 216, line 1 – par. 218, line 7), to an access and mobility management function (AMF) (par. 57, lines 1-8, 12-14), an identifier for an application (par. 222, lines 31-36) and network state parameter list for the application (par. 216, line 1 – par. 218, line 7), wherein the application is an artificial intelligence (AI) application or a machine learning (ML) application (par. 160, lines 1-12);
receive (par. 57, lines 1-8, 12-14), from the AMF (par. 57, lines 1-8, 12-14), authentication information for a network state information request or a network state analysis information request and address information (par. 496, lines 1-5) for a first network entity (e.g. MEC) collecting network state information (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7);
transmit (par. 47, lines 8-12; par. 57, lines 4-8; par. 102, lines 6-17), to the first network entity (e.g. MEC) based on the address information (par. 496, lines 1-5), the network state information request or the network state analysis information request based on the authentication information (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7);
receive (par. 216, line 1 – par. 218, line 7), from the first network entity (e.g. MEC), network state information corresponding to the network state information request or network state analysis information corresponding to the network state analysis information request (par. 216, line 1 – par. 218, line 7).
Merwaday discloses the claimed invention except: selecting an AI or ML model to be applied to the application, based on predicted data transmission rate and at least one of the network state information or the network state analysis information; and determining a size of the Al or ML model by reducing the size of the Al or ML model in case that a network congestion is predicted and enlarging the size of the Al or ML model in case that a release of the network congestion is predicted.
In an analogous art Chattopadhyay discloses selecting an AI or ML model to be applied to the application (par. 47, lines 5-10), based on predicted data transmission rate (par. 21, lines 8-11; par. 27, lines 13-16; par. 47, lines 1-5) and at least one of the network state information or the network state analysis information [e.g. SLA failure (par. 47, lines 10-13)]; and determining a size of the Al or ML model by reducing the size of the Al or ML model (e.g. a compact set of parameters) in case that {this is invalid if this is not the case} a network congestion is predicted [e.g. network congestion is predicted (par. 47, lines 10-13; par. 48, lines 5-9)] and enlarging the size of the Al or ML model [e.g. use of more parameters (par. 48, lines 13-15)] in case that {this is invalid if this is not the case} a release of the network congestion is predicted [e.g. migrate compute activity based on the drop prediction (par. 51, lines 1-8)].
It is an object of Merwaday’s invention to provide network communication related services. It is an object of Chattopadhyay’s invention to provide a method of determining resource allocation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Merwaday by including network congestion prediction, as taught by Chattopadhyay, for the purpose of effectively providing services in a wireless network.
Consider claim 10, as applied in claim 9; Merwaday discloses the network state information request or the network state analysis information request is transmitted to the AMF from the first network entity (e.g. MEC) (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), and the network state information request or the network state analysis information request is authenticated by the AMF based on the authentication information (par. 47, lines 8-12; par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7).
Consider claim 11, as applied in claim 9; Merwaday discloses receiving, from the AMF, information on whether to accept provision of the network state information, a list of identifiers or allowed applications and a list of network state parameters allowed for the applications [e.g. access authentication and authorization (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7)].
Consider claim 12, as applied in claim 11; Merwaday discloses the information on whether to accept provision of the network state information is determined based on subscription information received from a unified data management (UDM) (par. 61, lines 1-5).
Consider claim 13; Merwaday discloses an access and mobility management function (AMF) in a wireless communication system, the AMF comprising:
a transceiver (par. 57, lines 12-14); and
a controller (par. 47, lines 8-12; par. 238, lines 1-4) configured to:
receive (par. 47, lines 8-12; par. 57, lines 1-8, 12-14; par. 216, line 1 – par. 218, line 7), from a terminal (par. 216, line 1 – par. 218, line 7), an identifier for an application (par. 222, lines 31-36) and network state parameter list for the application (par. 216, line 1 – par. 218, line 7), wherein the application is an artificial intelligence (AI) application or a machine learning (ML) application (par. 160, lines 1-12);
transmit (par. 57, lines 1-8, 12-14), to the terminal (par. 57, lines 1-8, 12-14), authentication information for a network state information request or a network state analysis information request and address information (par. 496, lines 1-5) for a first network entity (e.g. MEC) collecting network state information (par. 57, lines 4-8; par. 216, line 1 – par. 218, line 7);
receive (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), from the first network entity (e.g. MEC) (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), the network state information request or the network state analysis information request (par. 216, line 1 – par. 218, line 7); and
perform authentication (par. 57, lines 4-8) on the received network state information request or the received network state analysis information request based on the authentication information (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7).
Merwaday discloses the claimed invention except: an Al or ML model is determined by the terminal based on predicted data transmission rate and at least one of the network state information or the network state analysis information {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}, and wherein a size of the Al or ML model is determined by the terminal based on a prediction associated with a network congestion {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}.
In an analogous art Chattopadhyay discloses an Al or ML model is determined by the terminal (par. 49) based on predicted data transmission rate (par. 21, lines 8-11; par. 27, lines 13-16; par. 47, lines 1-5) and at least one of the network state information or the network state analysis information [e.g. SLA failure (par. 47, lines 10-13)] {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}, and wherein a size of the Al or ML model (e.g. a compact set of parameters instead of use of more parameters) is determined by the terminal (par. 49) based on a prediction associated with a network congestion (par. 47, lines 10-13; par. 48, lines 5-9, 13-15) {this is a non-functional descriptive limitation. It is determined by the terminal not the AMF. It carries no patentable weight. It has no bearing on the supposed patentable limitation of the AMF. See MPEP § 2111.04 and 2111.05}.
It is an object of Merwaday’s invention to provide network communication related services. It is an object of Chattopadhyay’s invention to provide a method of determining resource allocation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Merwaday by including network congestion prediction, as taught by Chattopadhyay, for the purpose of effectively providing services in a wireless network.
Consider claim 14, as applied in claim 13; Merwaday discloses transmitting (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), to a second network entity (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7), an authentication result (par. 57, lines 4-8) for the network state information request or the network state analysis information request (par. 216, line 1 – par. 218, line 7), wherein the second network entity receives network state information or network state analysis information from at least one third network entity based on the authentication result (par. 47, lines 8-12; par. 57, lines 1-8, 12-14, 23-25; par. 216, line 1 – par. 218, line 7).
Consider claim 15, as applied in claim 13; Merwaday discloses transmitting (par. 57, lines 1-8, 12-14), to the terminal (par. 57, lines 1-8, 12-14), information on whether to accept provision of the network state information, a list of identifiers of allowed applications and a list of network state parameters allowed for the applications [e.g. access authentication and authorization (par. 57, lines 1-8, 12-14)].
Consider claim 16, as applied in claim 15; Merwaday discloses transmitting (par. 61, lines 1-5), to a unified data management (UDM) (par. 61, lines 1-5), request for subscription information of the terminal (par. 61, lines 1-5), receiving (par. 61, lines 1-5), from the UDM (par. 61, lines 1-5), subscription information of the terminal (par. 61, lines 1-5), and determining whether to accept the provision of the network state information based on the subscription information of the terminal (par. 57, lines 4-8; par. 61, lines 1-5).
Conclusion
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/JOEL AJAYI/
Primary Examiner, Art Unit 2646