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 .
DETAILED ACTION
Acknowledgment is made for the applicant’s response and amendment filed on 06/02/2026.
Remarks
The claims are presented as follows:
Claims 13-18 are canceled.
Claims 19-25 are new.
Claims 1-12 and 19-25 are pending.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments with respect to the rejection made under 35 U.S.C. 112 have been fully considered and are persuasive in light of the amendment made to the claims. Therefore, the 35 U.S.C. 112 rejection has been withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
Claims 1-12 and 19-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. Publication No. (US 2026/0032466 A1) in view of LEE et al. Publication No. (US 2025/0324349 A1).
Regarding claim 1, Zhang teaches a communication control apparatus (operation administration and maintenance (OAM) [0073] FIG.2) comprising:
at least one processor (apparatus 900 [0214] FIG.9) configured to:
provide, to be stored, to at least one of a communication device and a base-station side, a communication control model corresponding (the operation administration and maintenance (OAM) maintains a set of UE sided AI/ML models (i.e. single sided model(s)) or two-sided AI/ML models, e.g. {Model 1, 2, 3, 4} at the UE and the BS as shown in FIG. 2. [0073] FIG.2) to communication control between the communication device and a base station, included in the base- station side, that provides a communication cell to the communication device (the OAM may train and store an AI model per use case, per functionality, per UE type or UE group, per frequency or carrier, or per cell or area. A BS (e.g. BS #1 and BS #2 as shown in FIG. 2) may transmit the AI model to UE according to the actual situation, and may further tell the UE about the condition that the UE can use the model. The UE (e.g. UE #1 and UE #2 as shown in FIG. 2) can receive default AI/ML model(s) from the BS, when needed. The UE or the BS can further locally update or finetune the AI/ML model(s) based on local monitoring, e.g. adjusting some parameters or weights values. [0079-80] FIG.2);
set a control entity of the communication control model as either the communication device or the base-station side (the BS 502 may transmit information, e.g. in an RRC release message, to UE 501. The information (e.g. information #2 as described in the embodiments of FIG. 3) may indicate any of the following: [0157] (1) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall keep. The AI/ML model(s) may include default AI/ML model(s) or AI/ML model(s) after update (2) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall update. (3) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall delete. (4) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall fallback to default AI/ML model(s) e.g., the UE is under the control of the BS [0156-163] FIG.5); and
based on whether the communication control model is provided to the communication device or the base-station side (the BS 502 indicates UE 501 to keep or delete an AI/ML model [0164-170] FIG.5), and on the set control entity, set a communication control procedure for the communication control model (the UE 501 may connect to another cell using a different frequency in the future, and BS 502 may determine that the same AI/ML model(s) is not expected to be applicable to future scenario, and the UE 501 may keep, update, delete, or fallback the AI/ML model(s) which is available at UE 501 according to the information received from the BS [0165-170] FIG.5).
Zhang does not explicitly teach the ‘control’ of the communication.
LEE teaches control of the communication (LEE: the OAM includes a communication unit 610 and a control unit 620to control the wired and wireless signal (e.g., sensor information, user input, learning model, control signal, etc.) to and from external devices such as another AI device (e.g., 100x, 120, 140 in FIG. 1) or an AI server (140 in FIG. 1) using wired/wireless communication technology [0085-87] FIG.6).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to have modified Zhang by the teaching of LEE toto control the communication in order to process the received user data, control information, radio signals/channels, etc. (LEE: [0079] FIG.6)
Regarding claim 2, Zhang teaches the communication control apparatus according to claim 1, wherein the communication control model is provided to the communication device (the BS 502 may transmit the Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall keep, update delete or fallback to default AI/ML model(s) [0156-163] FIG.5)
Regarding claim 3, Zhang teaches the communication control apparatus according to claim 2, wherein
the control entity of the communication control model is set to the communication device, and wherein based on the communication control model being stored on the communication device and the communication device being set as the control entity, the communication control procedure set for the communication control model (the network node may receive, from the UE, information to confirm that one or more AI models at the UE are ready to be used according to the second information. In an embodiment, the network node may transmit, to the UE, an indication to activate a subset of AI models within the one or more AI models. E.g., under control of the UE [0114-117] FIG.4) includes at least one of the following:
(Al) the communication device acquiring information concerning whether or not the base-station side can support the communication control model;
(A2) the base-station side acquiring information concerning whether or not the communication device can support the communication control model;
(C) the communication device initiating the update of the communication control model;
(D) the communication device acquiring information concerning the performance of the communication control model on the base-station side;
(E) the base-station side providing the communication device with information concerning the performance of the communication control model on the base-station side;
(F 1) the communication device acquiring data for training the communication control model from the base-station side;
(F2) the communication device notifying the base-station side of the initiation of the training of the communication control model; and
(G) the communication device acquiring the communication control model updated by the base-station side (The information (e.g. information #2 as described in the embodiments of FIG. 3) may indicate any of the following: (1) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall keep. The AI/ML model(s) may include default AI/ML model(s) or AI/ML model(s) after update (e.g. finetuning or adaptation). (2) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall update. (3) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall delete. (4) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall fallback to default AI/ML model(s). During falling back an AI/ML model to a default AI/ML model, UE 501 may keep the corresponding default AI/ML model and delete any updated part (e.g. a delta part) if the AI/ML model has been finetuned or updated (e.g. an updated model). In some embodiments, a Model ID or a Model index of an updated model is the same as a Model ID or a Model index of the related default model. (5) UE 501 shall keep all the AI/ML model(s) available at UE 501. (6) UE 501 shall delete all the AI/ML model(s) available at UE 501. (7) UE 501 shall fallback all the AI/ML model(s) to default model(s), e.g. by keeping all the default AI/ML model(s) and deleting the updated part(s) (i.e. delta part(s)) if any AI/ML model(s) has been finetuned or updated [0158-163] FIG.5).
Regarding claim 4, Zhang teaches the communication control apparatus according to claim 2, wherein the control entity of the communication control model is set to the base-station side, and wherein based on the communication control model being provided to the communication device and the base-station side being set as the control entity, the communication control procedure set for the communication control model (the BS 502 may transmit information, e.g. in an RRC release message, to UE 501. The information (e.g. information #2 as described in the embodiments of FIG. 3) may indicate any of the following: [0157] (1) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall keep. The AI/ML model(s) may include default AI/ML model(s) or AI/ML model(s) after update (2) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall update. (3) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall delete. (4) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall fallback to default AI/ML model(s) e.g., the UE is under the control of the BS [0156-163] FIG.5) includes at least one of the following:
(A) the base-station side acquiring information concerning whether or not the communication device can support the communication control model;
(B) the base-station side acquiring information concerning the storage location of the communication control model in the communication device;
(C) the base-station side initiating the update of the communication control model;
(D) the base-station side acquiring information concerning the performance of the communication control model in the communication device;
(E) the communication device providing the base-station side with information concerning the performance of the communication control model in the communication device;
(F1) the base-station side acquiring data for training the communication control model from the communication device;
(F2) the base-station side instructing the communication device to initiate the training of the communication control model; and
(G) the base-station side instructing the communication device to update the communication control model (The information (e.g. information #2 as described in the embodiments of FIG. 3) may indicate any of the following: (1) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall keep. The AI/ML model(s) may include default AI/ML model(s) or AI/ML model(s) after update (e.g. finetuning or adaptation). (2) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall update. (3) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall delete. (4) Model ID(s) or index(es) of AI/ML model(s) that UE 501 shall fallback to default AI/ML model(s). During falling back an AI/ML model to a default AI/ML model, UE 501 may keep the corresponding default AI/ML model and delete any updated part (e.g. a delta part) if the AI/ML model has been finetuned or updated (e.g. an updated model). In some embodiments, a Model ID or a Model index of an updated model is the same as a Model ID or a Model index of the related default model. (5) UE 501 shall keep all the AI/ML model(s) available at UE 501. (6) UE 501 shall delete all the AI/ML model(s) available at UE 501. (7) UE 501 shall fallback all the AI/ML model(s) to default model(s), e.g. by keeping all the default AI/ML model(s) and deleting the updated part(s) (i.e. delta part(s)) if any AI/ML model(s) has been finetuned or updated [0158-163] FIG.5).
Regarding claim 5, Zhang teaches the communication control apparatus according to claim 1, wherein the communication control model is provided to the base-station side (UE 601 sends information (e.g. information #1 as described in the embodiments of FIG. 5) related to a set of AI models available at UE 601 back to BS 602, e.g. via RRC signaling (e.g. a UE Information Response message, a new RRC message, or an indication of the capability of UE 601) [0179-181] FIG.6).
Regarding claims 6-7, the claims are related to the same limitation set for hereinabove in claims 3-4, where the difference used is sending the model to the base station having the control to the “base station” side to use the model and manage the connection with the UE. This change does not affect the limitation of the above treated claims. Adding these phrases to the claims and interchanging the wording did not introduce new limitations to these claims. Therefore, these claims were rejected for similar reasons as stated above.
Regarding claim 8, Zhang teaches the communication control apparatus according to claim 1, wherein the communication control model is provided to both the communication device and the base-station side (the OAM maintains a set of UE sided AI/ML models (i.e. single sided model(s)) or two-sided AI/ML models, e.g. {Model 1, 2, 3, 4} at the UE and the BS as shown in FIG. 2. [0073] FIG.2)
Regarding claims 9-10, the claims are related to the same limitation set for hereinabove in claims 3-4, where the difference used is the limitations were presented so that the control information are sent to “both the UE and base station” and the wordings of the claims were interchanged within the claim itself or some of the claims were presented as a combination of two or more previously presented limitations. This change does not affect the limitation of the above treated claims. Adding these phrases to the claims and interchanging the wording did not introduce new limitations to these claims. Therefore, these claims were rejected for similar reasons as stated above.
Regarding claim 11 and 12, related to the same limitation set for hereinabove in claim 1, wherein the difference used is the limitations were presented from an “apparatus” side with a processor (FIG.9) and sharing information between communication devices and base stations ([0214] FIG.9) and the wordings of the claim were interchanged within the claim itself or were presented as a combination of two or more previously presented limitations. This change does not affect the limitation of the above treated claims. Adding these phrases to the claim and interchanging the wording did not introduce new limitations to this claim. Therefore, this claim was rejected for similar reasons as stated above.
Claims 13-18. (canceled).
Regarding claim 19, Zhang teaches the communication control apparatus of claim 1, wherein the communication control procedure set for the communication control model comprises at least one of the base-station side and communication device acquiring information concerning whether the communication device or the base-station side can support the communication control model (the UE may receive, from the network node, an indication to activate a subset of AI models within the one or more AI models. In some embodiments, the UE may receive, from the network node, one or more model IDs or model indexes of one or more AI models that are expected to be used by the UE [0143-146] FIG.6).
Regarding claim 20, Zhang teaches the communication control apparatus of claim 1, wherein the communication control procedure set for the communication control model comprises at least one of the communication device and the base-station side initiating an update of the communication control model (UE initiated model update or a BS initiated model update [0070-71] FIG.2).
Regarding claim 21, Zhang teaches the communication control apparatus of claim 1, wherein the communication control procedure set for the communication control model comprises at least one of the communication device and the base-station side acquiring information corresponding to the performance of the communication control model (AI/ML is used to learn and perform certain tasks via training AI/ML models such as neural networks with vast amounts of data, which is successfully applied in computer vison (CV) and nature language processing (NLP) areas. As the subset of ML to optimize performance from vast amounts of data [0070-73] FIG.2).
Regarding claim 22, Zhang teaches the communication control apparatus of claim 1, wherein the communication control procedure set for the communication control model comprises at least one of the communication device and the base-station side acquiring data for training the communication control model (Model ‘1, 2, 3, 4’ as shown in FIG. 2. can be offline trained by OAM, provided by the network vendors or UE vendors, or provided by a third party [073] FIG.2).
Regarding claim 23, Zhang teaches the communication control apparatus of claim 1, wherein the communication control procedure set for the communication control model comprises one of the communication device and the base-station side notifying the other of the communication device and the base-station side of the initiation of the training of the communication control model (Model ‘1, 2, 3, 4’ as shown in FIG. 2. can be offline trained by OAM, provided by the network vendors or UE vendors, or provided by a third party [073] FIG.2).
Regarding claim 24, Zhang teaches the communication control apparatus of claim 1, wherein the communication control procedure set for the communication control model comprises one of the communication device and the base-station side acquiring the communication control model updated by the other of the communication device and the base-station side (UE 601 may send a confirmation message to BS 602 (e.g. an RRC message or a MAC CE or DCI), so that BS 602 is aware that some AI/ML model(s) are ready to be used. The confirmation message may contain Model ID(s) or index(es) of AI/ML model(s) that are ready to be used. Otherwise, BS 602 may consider that all AI/ML model(s) are ready to be used. Among the AI/ML model(s) ready to used, BS 602 may further activate any specific AI/ML model(s) via separate signaling [0202-203] FIG.6).
Regarding claim 25, Zhang teaches the communication control apparatus of claim 1, wherein the control entity is configured to govern at least one of execution, suspension, modification, and deletion of the communication control model (decide whether to keep, update, delete, or fallback the one or more AI models upon an implementation of the UE; keep all of the one or more AI models by default; update all of the one or more AI models by default; delete all of the one or more AI models by default; or fallback all of the one or more AI models to default AI models [0146-149] FIG.6).
Conclusion
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 date of this final action.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELNABI O MUSA whose telephone number is (571)270-1901, and email address is abdelnabi.musa@uspto.gov ‘preferred’. The examiner can normally be reached on M-F 9:00 am - 5:00 pm.
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/ABDELNABI O MUSA/Primary Examiner, Art Unit 2472
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