DETAILED ACTION
Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is responsive to the communication(s) filed on 03/30/2026. Claims 1-20, of which claims 1, 11 and 15 are independent, were pending in this application and are considered below.
Claim rejections under 35 USC § 112(a) are withdrawn in view of the amendment.
Claim rejections under 35 USC § 112(b) are withdrawn in view of the amendment.
Response to Arguments---
Applicant’s arguments filed 03/30/2026 (see Remarks, pages 9-10) with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection necessitated by the Applicant’s amendment.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
Occasionally, the examiner becomes aware of two copending applications that were filed by the same inventive entity, or by different inventive entities having a common inventor, and/or by a common assignee, or that claim an invention resulting from activities undertaken within the scope of a joint research agreement as defined in 35 U.S.C. 103(c)(2) and (3), that would raise an issue of double patenting if one of the applications became a patent. Where this issue can be addressed without violating the confidential status of applications (35 U.S.C. 122), the courts have sanctioned the practice of making applicant aware of potential double patenting problems if one of the applications became a patent by permitting the examiner to make a "provisional" rejection on the ground of double patenting. In re Mott, 539 F.2d 1291, 190 USPQ 536 (CCPA 1976); In re Wetterau, 356 F.2d 556, 148 USPQ 499 (CCPA 1966). Accordingly, the merits of such a provisional rejection can be addressed by both the applicant and the examiner without waiting for the first patent to issue.
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used.
A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, please refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim(s) 1-16 of US Patent No. US 12,035,211 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim(s) 1-16 of aforesaid US patent contain(s) every element of claim(s) 1-20 of the instant application and as such anticipate(s) claim(s) 1-20 of the instant application (see Table below). “A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Application No. 18/676260
US Patent No. US 12,035,211 B2
1. (Currently Amended) A communication method of a network exposure function-lite, the communication method comprising: receiving a capability invocation request from an application function; based on the capability invocation request including a request to acquire wireless network information, transmitting a subscription request for the wireless network information to an access network side based on the capability invocation request; receiving the wireless network information indicated by the subscription request from the access network side; and notifying, by processing circuitry of the network exposure function-lite, the application function of the wireless network information.
1. A communication method of an edge computing platform in which an application function is deployed, the edge computing platform being connected to a network exposure function-lite, the network exposure function-lite being connected to a network exposure function-central deployed in a core network, the network exposure function-lite being deployed in a location closer to the edge computing platform than the core network, the communication method comprising: receiving a capability invocation request from the application function; when the capability invocation request corresponds to a request to acquire wireless network information, transmitting a subscription request for the wireless network information to an access network side based on the capability invocation request; receiving the wireless network information fed back by the access network side in response to the subscription request; and notifying, by processing circuitry of the network exposure function-lite, the application function of the wireless network information.
2. (Original) The communication method according to claim 1, wherein the transmitting the subscription request comprises: performing authorization verification on an identity of the application function according to the capability invocation request; and when the authorization verification on the identity of the application function succeeds, transmitting the subscription request to the access network side according to the capability invocation request.
2. The communication method according to claim 1, wherein the transmitting the subscription request comprises: performing authorization verification on an identity of the application function according to the capability invocation request; and when the authorization verification on the identity of the application function succeeds, transmitting the subscription request to the access network side according to the capability invocation request.
3. (Currently Amended) The communication method according to claim 2, further comprising: when the authorization verification on the identity of the application function fails, transmitting the capability invocation request to a network exposure function- central that is configured to perform authorization verification on the identity of the application function; receiving an authorization verification result of the network exposure function-central on the identity of the application function; and when the authorization verification of the network exposure function-central on the identity of the application function succeeds, transmitting the subscription request to the access network side according to the capability invocation request.
3. The communication method according to claim 2, further comprising: when the authorization verification on the identity of the application function cannot be completed, transmitting the capability invocation request to the network exposure function-central, so that the network exposure function-central performs authorization verification on the identity of the application function; receiving an authorization verification result of the network exposure function-central on the identity of the application function; and when the authorization verification of the network exposure function-central on the identity of the application function succeeds, transmitting the subscription request to the access network side according to the capability invocation request.
4. (Original) The communication method according to claim 2, wherein the transmitting the subscription request to the access network side comprises: determining information of at least one target base station corresponding to the subscription request according to address indication information comprised in the capability invocation request, the address indication information comprising at least one of address information of the application function, information of a target cell, or information of a target location area; and transmitting, based on the information of the at least one target base station, the subscription request to one of the at least one target base station or an operation administration and maintenance system of the at least one target base station.
4. The communication method according to claim 2, wherein the transmitting the subscription request to the access network side comprises: determining information of at least one target base station corresponding to the subscription request according to address indication information comprised in the capability invocation request, the address indication information comprising at least one of address information of the application function, information of a target cell, or information of a target location area; and transmitting, based on the information of the at least one target base station, the subscription request to one of the at least one target base station or an operation administration and maintenance system of the at least one target base station.
5. (Original) The communication method according to claim 1, further comprising: receiving a subscription response from the access network side, the subscription response indicating whether the access network side accepts the subscription request; and transmitting the subscription response back to the application function.
5. The communication method according to claim 1, wherein before the receiving the wireless network information fed back by the access network side, the communication method further comprises: after the subscription request is transmitted to the access network side, receiving a subscription response fed back by the access network side, the subscription response indicating whether the access network side accepts the subscription request; and feeding the subscription response back to the application function.
6. (Currently Amended) The communication method according to claim 5, further comprising: when the subscription response indicates that the access network side rejects the subscription request, transmitting rejection reason information back to the application function according to the subscription response; and when the subscription response indicates that the access network side accepts the subscription request, detecting whether the wireless network information indicated by the subscription request is received from the access network side.
6. The communication method according to claim 5, further comprising: when the subscription response indicates that the access network side rejects the subscription request, feeding rejection reason information back to the application function according to the subscription response; and when the subscription response indicates that the access network side accepts the subscription request, detecting whether the wireless network information fed back by the access network side in response to the subscription request is received.
7. (Currently Amended) The communication method according to claim 1, wherein the access network side comprises a base station and an operation administration and maintenance system connected to the base station, and the network exposure function-lite is connected to the operation administration and maintenance system; the transmitting the subscription request for the wireless network information to the access network side includes transmitting the subscription request to the operation administration and maintenance system based on the capability invocation request; and the receiving the wireless network information fed back by the access network side includes receiving the wireless network information from the operation administration and maintenance system.
7. The communication method according to claim 1, wherein the access network side comprises a base station and an operation administration and maintenance system connected to the base station, and the network exposure function-lite is connected to the operation administration and maintenance system; the transmitting the subscription request for the wireless network information to the access network side includes transmitting the subscription request to the operation administration and maintenance system based on the capability invocation request; and the receiving the wireless network information fed back by the access network side includes receiving the wireless network information from the operation administration and maintenance system.
8. (Currently Amended) The communication method according to claim 1, wherein the access network side comprises a base station, and the network exposure function-lite is connected to the base station; the transmitting the subscription request for the wireless network information to the access network side includes transmitting the subscription request to the base station based on the capability invocation request; and the receiving the wireless network information fed back by the access network side includes receiving the wireless network information fed back by the base station based on the subscription request.
8. The communication method according to claim 1, wherein the access network side comprises a base station, and the network exposure function-lite is connected to the base station; the transmitting the subscription request for the wireless network information to the access network side includes transmitting the subscription request to the base station based on the capability invocation request; and the receiving the wireless network information fed back by the access network side includes receiving the wireless network information fed back by the base station in response to the subscription request.
9. (Original) The communication method according to claim 1, further comprising: reporting statistical information of the wireless network information to a network exposure function-central.
9. The communication method according to claim 1, further comprising: reporting statistical information of the wireless network information to the network exposure function-central.
10. (Original) The communication method according to claim 1, further comprising: after the capability invocation request is received from the application function, determining, according to an event identification comprised in the capability invocation request, whether the capability invocation request corresponds to the request to acquire the wireless network information; and when the capability invocation request does not correspond to the request to acquire the wireless network information, forwarding the capability invocation request to a network exposure function-central.
10. The communication method according to claim 1, further comprising: after the capability invocation request is received from the application function, determining, according to an event identification comprised in the capability invocation request, whether the capability invocation request corresponds to the request to acquire the wireless network information; and when the capability invocation request does not correspond to the request to acquire the wireless network information, forwarding the capability invocation request to the network exposure function-central.
11. (Currently Amended) A communication method of a base station, the communication method comprising: acquiring, by processing circuitry of the base station, a subscription request for wireless network information transmitted by a network exposure function-lite, the subscription request being transmitted by the network exposure function-lite according to a capability invocation request transmitted by an application function; monitoring the wireless network information according to the subscription request; and when the wireless network information meeting the subscription request is monitored, transmitting the wireless network information to the network exposure function-lite, wherein the network exposure function-lite is configured to transmit the wireless network information back to the application function.
11. A communication method of an edge computing platform in which an application function is deployed, the edge computing platform being connected to a network exposure function-lite, the network exposure function-lite being connected to a network exposure function-central deployed in a core network, the network exposure function-lite being deployed in a location closer to the edge computing platform than the core network, the communication method comprising: acquiring, by processing circuitry of a base station, a subscription request for wireless network information transmitted by the network exposure function-lite, the subscription request being transmitted by the network exposure function-lite according to a capability invocation request transmitted by the application function; monitoring the wireless network information according to the subscription request; and when the wireless network information meeting the subscription request is monitored, transmitting the wireless network information to the network exposure function-lite, so that the network exposure function-lite feeds the wireless network information back to the application function.
12. (Currently Amended) The communication method according to claim 11, further comprising: determining whether to accept the subscription request according to information comprised in the subscription request; based on a determination to accept the subscription request, monitoring the wireless network information according to the subscription request, and transmitting an acceptance notification message to the network exposure function-lite; and based on a determination to reject the subscription request, transmitting a rejection notification message to the network exposure function-lite.
12. The communication method according to claim 11, wherein before the monitoring the wireless network information, the communication method further comprises: determining whether to accept the subscription request according to information comprised in the subscription request; based on a determination to accept the subscription request, monitoring the wireless network information according to the subscription request, and transmitting an acceptance notification message to the network exposure function-lite; and based on a determination to reject the subscription request, transmitting a rejection notification message to the network exposure function-lite.
13. (Original) The communication method according to claim 12, wherein the determining whether to accept the subscription request comprises: based on a determination that a terminal does not access the base station according to an identification of the terminal comprised in the subscription request, determining that the subscription request is to be rejected; and based on a determination that the terminal has accessed the base station according to the identification of the terminal comprised in the subscription request, determining to accept the subscription request.
13. The communication method according to claim 12, wherein the determining whether to accept the subscription request comprises: based on a determination that a terminal does not access the base station according to an identification of the terminal comprised in the subscription request, determining that the subscription request is to be rejected; and based on a determination that the terminal has accessed the base station according to the identification of the terminal comprised in the subscription request, determining to accept the subscription request.
14. (Currently Amended) The communication method according to claim 11, wherein when the base station is connected to the network exposure function-lite, the acquiring the subscription request for the wireless network information includes receiving a subscription request transmitted by the network exposure function-lite; when an operation administration and maintenance system of the base station is connected to the network exposure function-lite, and the communication method is performed by the base station, the acquiring the subscription request for the wireless network information includes receiving the subscription request forwarded by the operation administration and maintenance system from the network exposure function-lite; and when the operation administration and maintenance system of the base station is connected to the network exposure function-lite, and the communication method is performed by the operation administration and maintenance system of the base station, the acquiring the subscription request for the wireless network information includes receiving the subscription request transmitted by the network exposure function-lite.
14. The communication method a according to claim 11, wherein when the base station is connected to the network exposure function-lite, the acquiring the subscription request for the wireless network information includes receiving a subscription request transmitted by the network exposure function-lite; when an operation administration and maintenance system of the base station is connected to the network exposure function-lite, and the communication method is performed by the base station, the acquiring the subscription request for the wireless network information includes receiving the subscription request forwarded by the operation administration and maintenance system from the network exposure function-lite; and when the operation administration and maintenance system of the base station is connected to the network exposure function-lite, and the communication method is performed by the operation administration and maintenance system of the base station, the acquiring the subscription request for the wireless network information includes receiving the subscription request transmitted by the network exposure function-lite.
15. (Currently Amended) A network exposure function-lite, comprising: processing circuitry configured to: receive a capability invocation request from an application function; based on the capability invocation request including a request to acquire wireless network information, transmit a subscription request for the wireless network information to an access network side based on the capability invocation request; receive the wireless network information indicated by the subscription request from the access network side; and notify the application function of the wireless network information.
15. A communication apparatus for a network exposure function-lite of an edge computing platform in which an application function is deployed, the edge computing platform being configured to connect to the network exposure function-lite, and the network exposure function-lite being configured to connect to a network exposure function-central deployed in a core network, the network exposure function-lite being deployed in a location closer to the edge computing platform than the core network, the communication apparatus comprising: processing circuitry configured to: receive a capability invocation request from the application function; when the capability invocation request corresponds to a request to acquire wireless network information, transmit a subscription request for the wireless network information to an access network side based on the capability invocation request; receive the wireless network information fed back by the access network side in response to the subscription request; and notify the application function of the wireless network information.
16. (Currently Amended) The network exposure function-lite according to claim 15, wherein the processing circuitry is configured to: perform authorization verification on an identity of the application function according to the capability invocation request; and when the authorization verification on the identity of the application function succeeds, transmit the subscription request to the access network side according to the capability invocation request.
16. The communication apparatus according to claim 15, wherein the processing circuitry is configured to: perform authorization verification on an identity of the application function according to the capability invocation request; and when the authorization verification on the identity of the application function succeeds, transmit the subscription request to the access network side according to the capability invocation request.
17. (Currently Amended) The network exposure function-lite according to claim 16, wherein the processing circuitry is configured to: when the authorization verification on the identity of the application function fails, transmit the capability invocation request to a network exposure function-central that is configured to perform authorization verification on the identity of the application function; receive an authorization verification result of the network exposure function-central on the identity of the application function; and when the authorization verification of the network exposure function-central on the identity of the application function succeeds, transmit the subscription request to the access network side according to the capability invocation request.
3. The communication method according to claim 2, further comprising: when the authorization verification on the identity of the application function cannot be completed, transmitting the capability invocation request to the network exposure function-central, so that the network exposure function-central performs authorization verification on the identity of the application function; receiving an authorization verification result of the network exposure function-central on the identity of the application function; and when the authorization verification of the network exposure function-central on the identity of the application function succeeds, transmitting the subscription request to the access network side according to the capability invocation request.
18. (Currently Amended) The network exposure function-lite according to claim 16, wherein the processing circuitry is configured to: determine information of at least one target base station corresponding to the subscription request according to address indication information comprised in the capability invocation request, the address indication information comprising at least one of address information of the application function, information of a target cell, or information of a target location area; and transmit, based on the information of the at least one target base station, the subscription request to one of the at least one target base station or an operation administration and maintenance system of the at least one target base station.
4. The communication method according to claim 2, wherein the transmitting the subscription request to the access network side comprises: determining information of at least one target base station corresponding to the subscription request according to address indication information comprised in the capability invocation request, the address indication information comprising at least one of address information of the application function, information of a target cell, or information of a target location area; and transmitting, based on the information of the at least one target base station, the subscription request to one of the at least one target base station or an operation administration and maintenance system of the at least one target base station.
19. (Currently Amended) The network exposure function-lite according to claim 15, wherein the processing circuitry is configured to: receive a subscription response from the access network side, the subscription response indicating whether the access network side accepts the subscription request; and transmit the subscription response back to the application function.
5. The communication method according to claim 1, wherein before the receiving the wireless network information fed back by the access network side, the communication method further comprises: after the subscription request is transmitted to the access network side, receiving a subscription response fed back by the access network side, the subscription response indicating whether the access network side accepts the subscription request; and feeding the subscription response back to the application function.
20. (Currently Amended) The network exposure function-lite according to claim 19, wherein the processing circuitry is configured to: when the subscription response indicates that the access network side rejects the subscription request, transmit rejection reason information back to the application function according to the subscription response; and when the subscription response indicates that the access network side accepts the subscription request, detect whether the wireless network information indicated by the subscription request is received from the access network side.
6. The communication method according to claim 5, further comprising: when the subscription response indicates that the access network side rejects the subscription request, feeding rejection reason information back to the application function according to the subscription response; and when the subscription response indicates that the access network side accepts the subscription request, detecting whether the wireless network information fed back by the access network side in response to the subscription request is received.
Conclusion
Examiner's note: Reliance on the US Pre-Grant Publication (PG PUB) of this application, which is not part of the image file wrapper of the patent application, in the prosecution is improper. All references in the reply to the office action are to be made to the latest version on record of the patent application as filed not as published. The latest version on record of the patent application means the patent application as originally filed and modified by previously entered amendment(s).
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nader Bolourchi whose telephone number is (571) 272-8064. The examiner can normally be reached on M-F 8:30 to 4:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S. Wang, SPE can be reached on (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Nader Bolourchi/
Primary Examiner, Art Unit 2631