Prosecution Insights
Last updated: April 19, 2026
Application No. 18/340,163

NETWORK SELECTION METHOD AND APPARATUS, DEVICE, AND STORAGE MEDIUM

Final Rejection §102§103§112
Filed
Jun 23, 2023
Examiner
GELIN, JEAN ALLAND
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1096 granted / 1240 resolved
+26.4% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
38 currently pending
Career history
1278
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1240 resolved cases

Office Action

§102 §103 §112
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 in response to the Applicant’s arguments, and amendments filed on December 23, 2025, in which claims 1-8, 11-14, and 16-20 have been amended, claims 21-23 have been added, and claims 9-10 and 15 have been canceled. Claims 1-8, 11-14, and 16-23 are currently pending. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 12, and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As per claim 1, the phrase “obtaining a list of third networks from the first network” is not clear how “the first network” includes “a list of third networks”. It is like a plurality of third networks inside a first network. It is not possible to obtain a list of third from the first network. As per claim 12, the phrase “sending a list of third networks from the first network” is not clear how “the first network” includes “a list of third networks”. It is like a plurality of third networks inside a first network. Also, the claim is deficient for failing to recite the function of the second network. As per claim 17, the phrase “obtaining a list of third networks from the first network” is not clear how “the first network” includes “a list of third networks”. It is like a plurality of third networks inside a first network. Claim Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-6, 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2023/0254677). Regarding claim 1, Park teaches a network selection method performed by a terminal, comprising: obtaining, in a case that fault occurs on a first network of the terminal, first information indicating whether a second network supports providing a first service for the terminal from the second network; wherein the second network is a network that exists in a forbidden network list of the terminal (i.e., When the RAN node detects that a problem in an interface between cores networks related to a public land mobile network (PLMN) has occurred, the RAN node stops transmitting a broadcast message currently being transmitted to a user equipment (UE), and transmits a disaster broadcast message to the UE. The disaster broadcast message comprises: (i) information indicating that a disaster condition is applied to a first PLMN; and (ii) information on a second PLMN related to the disaster condition [abstr.], [0008]-[0009]; The 3GPP system may be able to provide means to enable a UE to access PLMNs in a forbidden PLMN list if a Disaster condition applies and no other PLMN is available except for PLMNs in the forbidden PLMN list [0167], [0192], [0197]); and the method further comprises: obtaining a list of third networks from the first network; wherein the third networks are networks that support providing the first service to the terminal, and the first network is a network that does not exist in the forbidden network list of the terminal (i.e., In the case of a UE operating in UE operation mode A or B, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM. This data field may be extended in the Mobile Equipment (ME) memory. In the case of a UE operating in UE operation mode C, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM or in the list of forbidden PLMNs for GPRS service in the ME. When there is no available PLMN except for PLMNs in the Forbidden PLMN data field in the SIM/USIM, and the available PLMNs indicate that Disaster Condition applies, this PLMN may be considered allowable for registration to the UE while the Disaster Condition is applicable ([0181], [0192], [0220]-[0221]). The 3GPP system may be able to provide means to enable a UE to access PLMNs in a forbidden PLMN list if a Disaster condition applies and no other PLMN is available except for PLMNs in the forbidden PLMN list [0167], [0192], [0197])); and performing network selection based on the first information and the list of third networks (i.e., The UE adjusts priorities of an PLMN selection on the basis of information included in the disaster broadcast message, and selects the second PLMN according to the adjusted priorities [abstr.], [0008]-[0009]). Regarding claim 2, Park further teaches obtaining, in a case that networks corresponding to network identifiers obtained from a non-access stratum (NAS) are all in the forbidden network list of the terminal (i.e., the information included in the disaster broadcast message may be informed to a Non-Access Stratum (NAS) layer of the UE [0245], [0258]), and the terminal supports a minimization of service interruption (MINT) feature, the first information from the second network (i.e., minimization of service interruption (MINT) will be described. S3.1 and S6.31 of 3GPP TS 22.261 V17.2.0 (2021 March) may be referred [0146], [0148], [0149], [0153]-[0159]). Regarding claim 3, Park further teaches wherein receiving the list of third networks sent by the first network after fault (i.e., Subject to regulatory requirements or operator's policy, 3GPP system may be able to enable a UE of a given PLMN to obtain connectivity service (e.g., voice call, mobile data service) from another PLMN for the area where a Disaster Condition applies [0160]-[0162]). Regarding claim 4, Park further teaches wherein the list of the third network is sent through at least one of the following messages: a NAS message; or an AS message ([0245], [0258]). Regarding claim 5, Park further teaches receiving the first information broadcast by the second network and the obtaining the list of the third networks from the first network comprises receiving the list of the third networks broadcast by the first network ([0234], [0238], [0251]). Regarding claim 6, Park further teaches the first information and the list of third networks is sent through at least one of the following messages: a MIB; a SIB 1; or other SIB information ([0300]). Regarding claim 11, Park further teaches wherein the first service comprises any one or a combination of the following: an emergency service; a data service; a voice service; and a video service (i.e., 3GPP system may be able to enable a UE of a given PLMN to obtain connectivity service (e.g., voice call, mobile data service) from another PLMN for the area where a Disaster Condition applies [0160], [0191]). Regarding claim 12, Park teaches network selection method performed by a first network, comprising: sending, a list of third networks to a terminal, wherein the third networks are networks that supports providing a first service to the terminal (i.e., When the RAN node detects that a problem in an interface between cores networks related to a public land mobile network (PLMN) has occurred, the RAN node stops transmitting a broadcast message currently being transmitted to a user equipment (UE), and transmits a disaster broadcast message to the UE. The disaster broadcast message comprises: (i) information indicating that a disaster condition is applied to a first PLMN; and (ii) information on a second PLMN related to the disaster condition [abstr.], [0008]-[0009]); and the first network is a network that does not exist in a forbidden network list of the terminal (i.e., In the case of a UE operating in UE operation mode A or B, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM. This data field may be extended in the Mobile Equipment (ME) memory. In the case of a UE operating in UE operation mode C, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM or in the list of forbidden PLMNs for GPRS service in the ME. When there is no available PLMN except for PLMNs in the Forbidden PLMN data field in the SIM/USIM, and the available PLMNs indicate that Disaster Condition applies, this PLMN may be considered allowable for registration to the UE while the Disaster Condition is applicable [0181], [0192], [0220]-[0221]). Regarding claim 13, Park further teaches broadcasting the list of third networks to the terminal (i.e., broadcasting PLMN identifier for the disaster operation [0150], [0234], [0238], [0251]). Regarding claim 14, Park further teaches wherein the DC information is sent through at least one of the following messages: a NAS message; or an AS message ([0245], [0258]). Regarding claim 16, Park further teaches wherein the first service comprises any one or a combination of the following: an emergency service; a data service; a voice service; and a video service (i.e., 3GPP system may be able to enable a UE of a given PLMN to obtain connectivity service (e.g., voice call, mobile data service) from another PLMN for the area where a Disaster Condition applies [0160], [0191]). Regarding claim 17, Park teaches Park teaches a terminal, comprising: a memory, configured to store a program or an instruction; and a processor, wherein the program or the instruction, when executed by the processor (i.e., typical features of communication device as illustrated in figs. 1-4), causes the terminal to: obtain, in a case that fault occurs on a first network of the terminal, first information indicating whether a second network supports providing a first service for the terminal from the second network; wherein the second network is a network that exists in a forbidden network list of the terminal (i.e., When the RAN node detects that a problem in an interface between cores networks related to a public land mobile network (PLMN) has occurred, the RAN node stops transmitting a broadcast message currently being transmitted to a user equipment (UE), and transmits a disaster broadcast message to the UE. The disaster broadcast message comprises: (i) information indicating that a disaster condition is applied to a first PLMN; and (ii) information on a second PLMN related to the disaster condition [abstr.], [0008]-[0009]; The 3GPP system may be able to provide means to enable a UE to access PLMNs in a forbidden PLMN list if a Disaster condition applies and no other PLMN is available except for PLMNs in the forbidden PLMN list [0167], [0192], [0197]); and the program or the instruction, when executed by the processor, causes the terminal to: obtain a list of third networks from the first network; wherein the third networks are networks that support providing the first service to the terminal, and the first network is a network that does not exist in the forbidden network list of the terminal (i.e., In the case of a UE operating in UE operation mode A or B, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM. This data field may be extended in the Mobile Equipment (ME) memory. In the case of a UE operating in UE operation mode C, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM or in the list of forbidden PLMNs for GPRS service in the ME. When there is no available PLMN except for PLMNs in the Forbidden PLMN data field in the SIM/USIM, and the available PLMNs indicate that Disaster Condition applies, this PLMN may be considered allowable for registration to the UE while the Disaster Condition is applicable ([0181], [0192], [0220]-[0221]). The 3GPP system may be able to provide means to enable a UE to access PLMNs in a forbidden PLMN list if a Disaster condition applies and no other PLMN is available except for PLMNs in the forbidden PLMN list [0167], [0192], [0197])); and perform network selection based on the first information and the list of third networks (i.e., The UE adjusts priorities of an PLMN selection on the basis of information included in the disaster broadcast message, and selects the second PLMN according to the adjusted priorities [abstr.], [0008]-[0009]). Regarding claim 18, Park further teaches obtain, in a case that networks corresponding to network identifiers obtained from a non-access stratum (NAS) are all in the forbidden network list of the terminal (i.e., the information included in the disaster broadcast message may be informed to a Non-Access Stratum (NAS) layer of the UE [0245], [0258]), and the terminal supports a minimization of service interruption (MINT) feature, the DC information from the target network (i.e., minimization of service interruption (MINT) will be described. S3.1 and S6.31 of 3GPP TS 22.261 V17.2.0 (2021 March) may be referred [0146], [0148], [0149], [0153]-[0159]). Regarding claim 19, Park further teaches wherein receiving the list of third networks sent by the first network after fault (i.e., Subject to regulatory requirements or operator's policy, 3GPP system may be able to enable a UE of a given PLMN to obtain connectivity service (e.g., voice call, mobile data service) from another PLMN for the area where a Disaster Condition applies [0160]-[0162]). Regarding claim 21, Park further teaches wherein the list of the third network is sent through at least one of the following messages: a NAS message; or an AS message ([0245], [0258]). Regarding claim 23, Park further teaches wherein the first service comprises any one or a combination of the following: an emergency service; a data service; a voice service; and a video service (i.e., 3GPP system may be able to enable a UE of a given PLMN to obtain connectivity service (e.g., voice call, mobile data service) from another PLMN for the area where a Disaster Condition applies [0160], [0191]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 7-8, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2023/0254677) in view of Velev et al. (US 2024/0129845). Regarding claim 7, Park teaches all the limitations above except sending request information to the second network, wherein the request information is used for requesting the first information. However, the preceding limitation is known in the art of communications. Velev teaches receiving, at a first network function in a first mobile communication network, a first message from a second network function in the first mobile communication network, wherein the first message includes a data connection establishment request from a remote unit and a disaster indication indicating that the data connection establishment request is in response to a disaster condition in a second mobile communication network, and the disaster condition disables the remote unit from connecting to the second mobile connection network. In some embodiments, the method includes determining a plurality of destination addresses in the second mobile communication network ([0003]-[0005], [0039]-[0040], [0051]-[0052]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Velev in order to receive a notification from the first network function that the remote unit has successfully registered with the second communication network. Regarding claim 8, Park in view Velev teaches all the limitations. Velev the request information is sent through at least one of the following messages: a NAS message; or an AS message ([0065]). Regarding claim 20, Park teaches all the limitations above except sending request information to the second network, wherein the request information is used for requesting the DC information. However, the preceding limitation is known in the art of communications. Velev teaches receiving, at a first network function in a first mobile communication network, a first message from a second network function in the first mobile communication network, wherein the first message includes a data connection establishment request from a remote unit and a disaster indication indicating that the data connection establishment request is in response to a disaster condition in a second mobile communication network, and the disaster condition disables the remote unit from connecting to the second mobile connection network. In some embodiments, the method includes determining a plurality of destination addresses in the second mobile communication network ([0003]-[0005], [0039]-[0040], [0051]-[0052]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Velev in order to receive a notification from the first network function that the remote unit has successfully registered with the second communication network. Response to Arguments Applicant's arguments filed on 12/23/2025 have been fully considered but they are not persuasive. The Applicant argues that it is impossible for Park to disclose that while the terminal obtains information from a network existing in the terminal's forbidden network list, which indicates whether the network (exists in the terminal's forbidden network list) supports providing service to the terminal, the terminal also obtains a list of networks that support providing services to the terminal from a network that does not exist in the terminal's forbidden network list. Consequently, the terminal performs network selection based on the received information and network list. However, the subject matter of amended claim 1 defines that, while the terminal obtains first information indicating whether the second network supports providing the first service to the terminal from the second network (i.e., a network that exists in a forbidden network list of the terminal), the terminal also obtains a list of third networks that support providing the first service to the terminal from a first network (i.e., a network that does not exist in the forbidden network list of the terminal). The terminal then performs network selection based on the first information and the list of third networks. Therefore, in a case that Park does not include a scheme in which the terminal obtains different information from two types of networks (a network that exists in a forbidden network list of the terminal, or a network that does not exist in the forbidden network list of the terminal) for network selection, the above disclosure cited in Park fails to disclose, teach, or even suggest the above-mentioned features of amended Independent claims 1 and 17. However, the Examiner disagrees with the preceding arguments and maintains the rejections as recited in the office action above. More specifically, Park teaches The 3GPP system may be able to provide means to enable a UE to access PLMNs in a forbidden PLMN list if a Disaster condition applies and no other PLMN is available except for PLMNs in the forbidden PLMN list ([0167]). In the case of a UE operating in UE operation mode C, an allowable PLMN is one which is not in the Forbidden PLMN data field in the SIM/USIM or in the list of forbidden PLMNs for GPRS service in the ME. When there is no available PLMN except for PLMNs in the Forbidden PLMN data field in the SIM/USIM, and the available PLMNs indicate that Disaster Condition applies, this PLMN may be considered allowable for registration to the UE while the Disaster Condition is applicable ([0192], [0216]-[0222]). The function of a list of the third networks in the claims is not clear. Claim 12 lacks a limitation describing the function of the second network. The Examiner also maintains that dependent claims are not allowable by virtue of their independent. Therefore, the rejections of the dependent claims are maintained as recited above. Conclusion THIS ACTION IS MADE FINAL. 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 JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JINSONG HU can be reached at 571-272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEAN A GELIN/Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Jun 23, 2023
Application Filed
Sep 24, 2025
Non-Final Rejection — §102, §103, §112
Dec 23, 2025
Response Filed
Feb 19, 2026
Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.5%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 1240 resolved cases by this examiner. Grant probability derived from career allow rate.

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