Prosecution Insights
Last updated: May 29, 2026
Application No. 18/409,457

MODEL SELECTION AND DELIVERY

Non-Final OA §102§103
Filed
Jan 10, 2024
Priority
Feb 14, 2023 — provisional 63/484,879
Examiner
AMBAYE, MEWALE A
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
756 granted / 826 resolved
+33.5% vs TC avg
Minimal -1% lift
Without
With
+-1.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
21 currently pending
Career history
854
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
81.8%
+41.8% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 826 resolved cases

Office Action

§102 §103
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 . 2. Claims 9-22 & 31-46 are presented for examination. 3. Claims 9 & 19 are amended. 4. Claims 1-8 & 23-30 are canceled. 5. Claims 31-46 are newly added. Election/Restriction 6. Claims 1-8 & 23-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/15/26. Information Disclosure Statement 7. The information disclosure statement(s) submitted on 10/02/24 have being considered by the examiner and made of record in the application file. Drawings 8. The drawings filed on 01/10/24 are accepted by the examiner. Specification 9. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggested to change the title to “SELECTING A MODEL BASED ON MODEL QUERY REQUEST AND RESPONSE” Appropriate correction is required. Claims Objections 10. Claims 33-42 are objected to because of minor informalities: 11. Claim 33, recites, “a method for wireless communication, comprising: transmitting, to an access and mobility management function (AMF) of a core network entity, a model query; receiving, from the AMF, a model query response; and selecting a model based at least in part on the model query response.” 12. Claim 33 recites “a method for wireless communication” in preamble. Thus, the preamble fail to identify “who” , “where”, or “which component” is performing this wireless communication method. The body recite: -transmitting…” this step does not identify such method is performed by a device (i.e., a User Equipment). “receiving … this step does not identify such method is performed by a device (i.e., a User Equipment). “selecting…to serving BS”:- this step does not identify such method is performed by a device (i.e., a User Equipment). When considering individual step or as a whole, one cannot identify “who” , “where”, or “which component(s)” is/are performing “A method for wireless communication”. 13. Thus, for clarity, it is suggested to insert, at least in the preamble, “ who” , “where”, or “which component(s)” is performing “a method for wireless communication”. 14. Claims 34-42 are also objected since they are depend upon objected independent claims set forth above. Claim Rejections - 35 USC § 102 15. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 16. Claims 33-46 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huawei et al. (hereinafter referred as Huawei) NPL Document, “Discussion on AI/ML methods” Toulouse, France, 14th -18th November, 2022 (as disclosed in the IDS). Regarding claim 33: Huawei discloses a method for wireless communication (See Section 2.2; AI/ML model operations), comprising: transmitting, to an access and mobility management function (AMF) (corresponding to CN) of a core network entity, a model query (corresponding to model registration request) (See FIG. 5 & Section 2.4; during model registration, a UE can trigger/send a model registration request to a customer network (CN)); receiving, from the AMF, a model query response (See FIG. 5 & Section 2.4; the UE receives a model registration response from the CN); and selecting a model based at least in part on the model query response (See Section 2.3 & 2.2.4; after the model configuration, the NW and UE use the model ID or indexes to indicate the target operation models. The detail model operation include model selection, activation, deactivation, switching and fallback. The UE makes the decision of model selection based on the UE collects input (i.e., model registration response)). Regarding claim 34: Huawei discloses a method, further comprising transmitting, to a central network entity, user equipment (UE) capability information associated with the model (See Section 2.6; the UE to report the AI/ML models per use case depending on UE capability to the network (i.e. CN)). Regarding claim 35: Huawei discloses a method, wherein the model query includes at least one of UE capability information (See Section 2.6; UE capability reporting). Regarding claim 36: Huawei discloses a method, wherein the model query response includes at least one of meta information associated with the model (See Section 2.4; in the model registration request, the UE also provide model related information such as meta information). Regarding claim 37: Huawei discloses a method, wherein the model query is included in an uplink non-access stratum (NAS) transport message, a class 1 NAS message, a class 2 NAS message, a class 1 message, or a class 2 message (See Section 2.2.2; NAS signalling/message). Regarding claim 38: Huawei discloses a method, further comprising transmitting, to the AMF, model management function (MMF) information (See Section 2.6; configuration and management of the AI/ML models). Regarding claim 39: Huawei discloses a method, wherein the model query response is included in a registration accept message, a downlink non-access stratum (NAS) transport message, a class 1 NAS message, a class 2 NAS message, a class 1 message, or a class 2 message (See Section 2.2.2; NAS signalling/message). Regarding claim 40: Huawei discloses a method, wherein selecting the model based at least in part on the model query response comprises selecting the model based at least in part on meta information included in the model query response (See Section 2.4; during registration the UE provides model related information, e.g. meta information or other information). Regarding claim 41: Huawei discloses a method, further comprising: transmitting, to a central network entity, UE capability information (See Section 2.6; the UE to report the AI/ML models per use case depending on UE capability to the network (i.e. CN)); receiving, from the central network entity, a model download request that includes an indication of a model (See FIG. 5 & Section 2.4; during model registration, a UE can trigger/send a model registration request to a customer network (CN)); and transmitting, to the central network entity, a model download complete message (See FIG. 5 & Section 2.4; the UE receives a model registration response from the CN). Regarding claim 42: Huawei discloses a method, wherein the model download request includes a model identifier or UE assistance information for supporting model selection at a model management function (MMF) of the core network entity (See Section 2.2.3; model ID), wherein the UE assistance information includes at least one of a scenario, configuration (See Section 5.4; scenarios/configurations). Regarding claim 43: Huawei discloses a method for wireless communication (See Section 2.2; AI/ML model operations), comprising: receiving, by an access and mobility management function (AMF) of a core network entity (corresponding to CN) from a user equipment (UE), a model query (corresponding to model registration request) (See FIG. 5 & Section 2.4; during model registration, a UE can trigger/send a model registration request to a customer network (CN)); transmitting, by the AMF to a mobility management function (MMF) (corresponding to gNB) of the core network entity, the model query (See FIG. 6 & Section 2.4; gNB transmitting the model registration request to OAM); selecting, by the MMF, a model (See Section 2.3 & 5.1; the NW monitors the performance metric(s) and makes decision of model selection); transmitting, by the MMF to the AMF, a model query response (See FIG. 6 & Section 2.4; OAM transmits the model registration response to gNB); and transmitting, by the AMF to the UE, the model query response (See FIG. 6 & Section 2.4; transmitting the model registration response from the gNB to the UE). Regarding claim 44: Huawei discloses a method, wherein the model query includes at least one of UE capability information (See Section 2.6; UE capability reporting). Regarding claim 45: Huawei discloses a method, wherein the model query response includes at least one of meta information associated with the model (See Section 2.4; in the model registration request, the UE also provide model related information such as meta information). Regarding claim 46: Huawei discloses a method, wherein receiving the model query comprises receiving, from the UE, an uplink non-access stratum (NAS) transport message, a class 1 NAS message, a class 2 NAS message, a class 1 message, or a class 2 message (See Section 2.2.2; NAS signalling/message), and wherein transmitting the model query response comprises transmitting, to the UE, a registration accept message, a downlink NAS transport message, the class 1 NAS message, the class 2 NAS message, the class 1 message, or the class 2 message (See Section 2.2.2; NAS signalling/message). Claim Rejections - 35 USC § 103 17. 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 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 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 18. Claims 9-22 & 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Huawei, in view of Ying et al. (hereinafter referred as Ying) US Patent Application Publication No. 2022/0014942 A1. Regarding claims 9: Huawei discloses an apparatus (See FIG. 5; a User Equipment (UE)) configured for wireless communication (See Section 2.2; AI/ML model operations), transmit, to an access and mobility management function (AMF) (corresponding to CN) of a core network entity, a model query (corresponding to model registration request) (See FIG. 5 & Section 2.4; during model registration, a UE can trigger/send a model registration request to a customer network (CN)); receive, from the AMF, a model query response (See FIG. 5 & Section 2.4; the UE receives a model registration response from the CN); and select a model based at least in part on the model query response (See Section 2.3 & 2.2.4; after the model configuration, the NW and UE use the model ID or indexes to indicate the target operation models. The detail model operation include model selection, activation, deactivation, switching and fallback. The UE makes the decision of model selection based on the UE collects input (i.e., model registration response)). Huawei does not explicitly discloses an apparatus comprising: one or more memories; and one or more processors. However, Ying from the same field of endeavor discloses an apparatus (See Claim 1; an apparatus) comprising: one or more memories (See Claim 1; an apparatus includes memory); and one or more processors (See Claim 1; an apparatus includes processing circuitry), coupled to the one or more memories, configured to cause the apparatus to: transmit, to an access and mobility management function (AMF) of a core network entity, a model query (See Para. 0059 & 0067; the A1-ML consumer sends out an HTTP PUT request). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an apparatus comprising: one or more memories; and one or more processors as taught by Ying in the system of Huawei in order to enhance operation of LTE and NR system in the licensed as well as unlicensed spectrum (See Para. 0004; lines 1-2). Regarding claims 10: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the one or more processors are configured to cause the apparatus to transmit, to a central network entity, UE capability information associated with the model (See Section 2.6; the UE to report the AI/ML models per use case depending on UE capability to the network (i.e. CN)). Regarding claims 11: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model query includes at least one of user equipment (UE) capability information (See Section 2.6; UE capability reporting). Regarding claims 32: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the UE capability information comprises updated UE capability information (See Section 2.3; update model/capability). Regarding claims 12: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model query response includes at least one of meta information associated with the model (See Section 2.4; in the model registration request, the UE also provide model related information such as meta information). Regarding claims 31: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the meta information comprises a scenario, configuration, or zone identifier associated with the apparatus (See Section 2.2.3 & 5.4; meta information maps to model ID, model information). Regarding claims 13: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model query is included in an uplink non-access stratum (NAS) transport message, a class 1 NAS message, a class 2 NAS message, a class 1 message, or a class 2 message (See Section 2.2.2; NAS signalling/message). Regarding claims 14: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the one or more processors are configured to cause the apparatus to transmit, to the AMF, model management function (MMF) information (See Section 2.6; configuration and management of the AI/ML models). Regarding claims 15: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model query response is included in a registration accept message, a downlink non-access stratum (NAS) transport message, a class 1 NAS message, a class 2 NAS message, a class 1 message, or a class 2 message (See Section 2.2.2; NAS signalling/message). Regarding claims 16: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the one or more processors, to cause the apparatus to select the model based at least in part on the model query response, are configured to cause the apparatus to select the model based at least in part on meta information included in the model query response (See Section 2.4; during registration the UE provides model related information, e.g. meta information or other information). Regarding claims 17: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the one or more processors are configured to cause the apparatus to: transmit, to a central network entity, user equipment (UE) capability information (See Section 2.6; the UE to report the AI/ML models per use case depending on UE capability to the network (i.e. CN)); receive, from the central network entity, a model download request that includes an indication of a model (See FIG. 5 & Section 2.4; during model registration, a UE can trigger/send a model registration request to a customer network (CN)); and transmit, to the central network entity, a model download complete message (See FIG. 5 & Section 2.4; the UE receives a model registration response from the CN). Regarding claims 18: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model download request includes a model identifier or UE assistance information for supporting model selection at a model management function (MMF) of the core network entity (See Section 2.2.3; model ID), wherein the UE assistance information includes at least one of a scenario, configuration, or zone identifier (See Section 5.4; scenarios/configurations). Regarding claims 19: Huawei discloses an apparatus for wireless communication, comprising: receive, by an access and mobility management function (AMF) of a core network entity from a user equipment (UE), a model query (corresponding to model registration request) (See FIG. 5 & Section 2.4; during model registration, a UE can trigger/send a model registration request to a customer network (CN)), transmit, by the AMF to a mobility management function (MMF) of the core network entity , the model query (See FIG. 6 & Section 2.4; gNB transmitting the model registration request to OAM); select, by the MMF, a model (See Section 2.3 & 5.1; the NW monitors the performance metric(s) and makes decision of model selection); transmit, by the MMF to the AMF, a model query response (See FIG. 6 & Section 2.4; OAM transmits the model registration response to gNB); and transmit, by the AMF to the UE, the model query response (See FIG. 6 & Section 2.4; transmitting the model registration response from the gNB to the UE). Huawei does not explicitly discloses an apparatus comprising: one or more memories; and one or more processors. However, Ying from the same field of endeavor discloses an apparatus (See Claim 1; an apparatus) comprising: one or more memories (See Claim 1; an apparatus includes memory); and one or more processors (See Claim 1; an apparatus includes processing circuitry), coupled to the one or more memories, configured to cause the apparatus to: transmit, by the AMF to a mobility management function (MMF) of the core network entity , the model query (See Para. 0059 & 0067; the A1-ML consumer sends out an HTTP PUT request). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an apparatus comprising: one or more memories; and one or more processors as taught by Ying in the system of Huawei in order to enhance operation of LTE and NR system in the licensed as well as unlicensed spectrum (See Para. 0004; lines 1-2). Regarding claims 20: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model query includes at least one of UE capability information (See Section 2.6; UE capability reporting). . Regarding claims 21: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the model query response includes at least one of meta information associated with the model (See Section 2.4; in the model registration request, the UE also provide model related information such as meta information). Regarding claims 22: The combination of Huawei and Ying disclose an apparatus. Furthermore, Huawei discloses an apparatus, wherein the one or more processors, to cause the AMF to receive the model query, are configured to cause the AMF to receive, from the UE, an uplink non-access stratum (NAS) transport message, a class 1 NAS message, a class 2 NAS message, a class 1 message, or a class 2 message (See Section 2.2.2; NAS signalling/message), and wherein the one or more processors, to cause the AMF to transmit the model query response, are configured to cause the AMF to transmit, to the UE, a registration accept message , a downlink NAS transport message, the class 1 NAS message, the class 2 NAS message, the class 1 message, or the class 2 message See FIG. 5 & Section 2.4; the UE receives a model registration response from the CN). Conclusion 19. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure. A. Kim et al. 2024/0292272 A1 (Title: Intelligent, policy based network selection ) (See Abstract, Para. 0012 & 0037-0038). B. Pick et al. 2023/0035125 A1 (Title: Machine learning based dynamic demodulator selection) (See abstract, Para. 0006 & 00813-0016). C. Soryal et al. 2022/0174587 A1 (Title: Network slicing security…) (See FIG. 1, Para. 0046, 0050 & 0160). 20. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m.. 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, Ian Moore can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MEWALE A AMBAYE/Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
May 06, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
92%
Grant Probability
90%
With Interview (-1.2%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 826 resolved cases by this examiner. Grant probability derived from career allowance rate.

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