Prosecution Insights
Last updated: May 29, 2026
Application No. 18/693,264

METHOD AND DEVICE FOR MANAGING QUALITY OF SERVICE OF TRAFFIC IN WIRELESS COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Mar 19, 2024
Priority
Oct 20, 2021 — RE 10-2021-0140623 +1 more
Examiner
CASTANEYRA, RICARDO H
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
309 granted / 420 resolved
+15.6% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
11 currently pending
Career history
449
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
87.7%
+47.7% vs TC avg
§102
2.5%
-37.5% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 420 resolved cases

Office Action

§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 . This office action is a response to an application filed on 03/19/2024 in which claims 1-15 are pending. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/19/2024 has been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97. Claim Objections Claim 4 is objected to because of the following informalities: Claim 4 recites in lines 5-6 “measurements; an transmitting” and it should be “measurements; and transmitting”. Appropriate correction is required. 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. Claims 1-3 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TR 23.700-91 V17.0.0 (2020-12), “3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on enablers for network automation for the 5G System (5GS); Phase 2 (Release 17)” (provided in the IDS), hereinafter “3GPP” in view of Chong et al. (US 2024/0064066), hereinafter “Chong”. As to claim 1, 3GPP teaches a method performed by a first entity for performing a policy control function (PCF) in a wireless communication system (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, the procedure for Analytics for Per Access Network Performance by a PCF (consumer)), the method comprising: transmitting data analysis information request message for determination of the policy control function to a second entity configured to perform a network data analytics function (NWDAF) (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 1, the PCF requests analytics information on “Per Network Performance” provided by NWDAF. Pages 370-371, section 7.21, the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules); receiving data analysis information from the second entity (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 5, the PCF receives the analytics for Per Access Network Performance from the NWDAF); and determining the policy control function based on the data analysis information (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, steps 5 and 9, the PCF sets the Steering mode in the PCC rules based on the analytics received from the NWDAF), wherein the data analysis information is determined based on a data access type (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access). 3GPP teaches the claimed limitations as stated above. 3GPP does not explicitly teach the following underlined features: regarding claim 1, detecting a need for determination of a policy control function with respect to the first entity; transmitting data analysis information request message for determination of the policy control function to a second entity configured to perform a network data analytics function (NWDAF) based on the detection result. However, Chong teaches detecting a need for determination of a policy control function with respect to the first entity (Chong, [0089], “when UE accesses the RAN, a proper air interface access policy needs to be selected for the UE, for example, selection of a radio access technology (RAT) and a frequency”, Fig. 4, [0144], the PCF requests an access solution from the NWDAF, [0146], requests the NWDAF for air interface access policy and user plane path selection solution for the terminal device in the area of interest. The PCF sends a request to the NWDAF when a proper air interface access policy is needed for the UE); transmitting data analysis information request message for determination of the policy control function to a second entity configured to perform a network data analytics function (NWDAF) based on the detection result (Chong, [0089], “when UE accesses the RAN, a proper air interface access policy needs to be selected for the UE, for example, selection of a radio access technology (RAT) and a frequency”, Fig. 4, [0144], the PCF requests an access solution from the NWDAF, [0146], requests the NWDAF for air interface access policy and user plane path selection solution for the terminal device in the area of interest. The PCF sends a request to the NWDAF based on the need of a proper air interface access policy for the UE). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of 3GPP to have the features, as taught by Chong, in order to improve overall service experience of a network and reduce network energy consumption (Chong, [0006]). As to claim 2, 3GPP teaches wherein a case that the determination of the policy control function is needed (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 1, the PCF requests analytics information on “Per Network Performance” provided by NWDAF. Pages 370-371, section 7.21, the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules) comprises a case that at least one data traffic is transmitted by using different accesses (access traffic steering, switching, splitting, ATSSS, and load balancing mode) (3GPP, pages 336-337, section 6.77.4.1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access) and a case that a predetermined quality of service level is not satisfied in at least one access path (3GPP, pages 336-337, section 6.77.4.1, “If the Network Performance Level over 3GPP access for App-1 is 3 and the Network Performance Level over non 3GPP access for App-1 is 7, "Steering Mode: Active-Standby, Active=non 3GPP, Standby=3GPP" for App-1”. When the performance level of 3GPP access is 3, the 3GPP is in standby). As to claim 3, 3GPP teaches wherein changing the policy control function comprises determining policy control and charging rules in the ATSSS load balancing mode (3GPP, page 334, section 6.77.1.1, “The ATSSS rules and Multi-Access Rule are configured based on the MA PDU Session Control information in the PCC rules that can be provided to the SMF by the PCF”, page 371, section 7.21, “the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules resulting in improving user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”. Page 337 and Figure 6.77.4.1-1 further shows in steps 5 and 9 the reception of new analytics to determine the ATSSS and PCC rules). As to claim 9, 3GPP teaches a first entity for performing a policy control function (PCF) in a wireless communication system (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, a PCF (consumer) performing a procedure for Analytics for Per Access Network Performance), the first entity configured to: transmit data analysis information request message for determination of the policy control function to a second entity configured to perform a network data analytics function (NWDAF) (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 1, the PCF requests analytics information on “Per Network Performance” provided by NWDAF. Pages 370-371, section 7.21, the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules), receive data analysis information from the second entity (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 5, the PCF receives the analytics for Per Access Network Performance from the NWDAF); and determine the policy control function based on the data analysis information (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, steps 5 and 9, the PCF sets the Steering mode in the PCC rules based on the analytics received from the NWDAF), wherein the data analysis information is determined based on a data access type (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access). 3GPP teaches the claimed limitations as stated above. 3GPP does not explicitly teach the following underlined features: regarding claim 9, first entity comprising: a transceiver configured to transmit and receive a signal; and a controller connected to the transceiver, wherein the controller is configured to: detect a need for determination of a policy control function with respect to the first entity, transmit data analysis information request message for determination of the policy control function to a second entity configured to perform a network data analytics function (NWDAF) based on the detection result. However, Chong teaches first entity (Chong, Fig. 4, Fig. 7, [0208], the data analysis result subscriber device, which is the PCF in Fig. 4) comprising: a transceiver configured to transmit and receive a signal (Chong Fig. 7, [0209]-[0210], the sending and receiving units that sends first information and receive second information); and a controller connected to the transceiver (Chong, Fig. 7, the processing unit 520 connected to the receiving unit and sending unit), wherein the controller is configured to (Chong, [0221], the processor to perform the functions of the device): detect a need for determination of a policy control function with respect to the first entity (Chong, [0089], “when UE accesses the RAN, a proper air interface access policy needs to be selected for the UE, for example, selection of a radio access technology (RAT) and a frequency”, Fig. 4, [0144], the PCF requests an access solution from the NWDAF, [0146], requests the NWDAF for air interface access policy and user plane path selection solution for the terminal device in the area of interest. The PCF sends a request to the NWDAF when a proper air interface access policy is needed for the UE), transmit data analysis information request message for determination of the policy control function to a second entity configured to perform a network data analytics function (NWDAF) based on the detection result (Chong, [0089], “when UE accesses the RAN, a proper air interface access policy needs to be selected for the UE, for example, selection of a radio access technology (RAT) and a frequency”, Fig. 4, [0144], the PCF requests an access solution from the NWDAF, [0146], requests the NWDAF for air interface access policy and user plane path selection solution for the terminal device in the area of interest. The PCF sends a request to the NWDAF based on the need of a proper air interface access policy for the UE). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of 3GPP to have the features, as taught by Chong, in order to improve overall service experience of a network and reduce network energy consumption (Chong, [0006]). As to claim 10, 3GPP teaches wherein a case that the determination of the policy control function is needed (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 1, the PCF requests analytics information on “Per Network Performance” provided by NWDAF. Pages 370-371, section 7.21, the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules) comprises a case that at least one data traffic is transmitted by using different accesses (access traffic steering, switching, splitting, ATSSS, and load balancing mode) (3GPP, pages 336-337, section 6.77.4.1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access) and a case that a predetermined quality of service level is not satisfied in at least one access path (3GPP, pages 336-337, section 6.77.4.1, “If the Network Performance Level over 3GPP access for App-1 is 3 and the Network Performance Level over non 3GPP access for App-1 is 7, "Steering Mode: Active-Standby, Active=non 3GPP, Standby=3GPP" for App-1”. When the performance level of 3GPP access is 3, the 3GPP is in standby). As to claim 11, 3GPP teaches wherein the controller is configured to control determination of policy control and charging rules in the ATSSS load balancing mode (3GPP, page 334, section 6.77.1.1, “The ATSSS rules and Multi-Access Rule are configured based on the MA PDU Session Control information in the PCC rules that can be provided to the SMF by the PCF”, page 371, section 7.21, “the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules resulting in improving user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”. Page 337 and Figure 6.77.4.1-1 further shows in steps 5 and 9 the reception of new analytics to determine the ATSSS and PCC rules). Claims 4-8 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TR 23.700-91 V17.0.0 (2020-12), “3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on enablers for network automation for the 5G System (5GS); Phase 2 (Release 17)” (provided in the IDS), hereinafter “3GPP” in view of Lee (US 2023/0370344). As to claim 4, 3GPP teaches a method performed by a third entity for performing a user plane function (UPF) in a wireless communication system (3GPP, page 335, section 7.77.2.1, section 6.77/.2.2, page 338, section 6.77.5.1, the UPF), the method comprising: obtaining a result of data transmission performance measurement (3GPP, page 335, section 7.77.2.1, “Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19]). The NWDAF may obtain measurements by invoking management services”, Table 6.77.2.1-2, Information: Communication performance (1..max), Source: UPF, Description: Communication performance per multi access PDU session using periodical counters configured in the event subscription, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”. Section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access)”. The UPF determines performance measurements); an transmitting the result of data transmission performance measurement to the second entity (3GPP, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type. NOTE: It is assumed that how NWDAF collects the data from UPF is not defined”. The performance measurements are transmitted by the UPF to the NWDAF), wherein the data transmission performance is determined based on a data access type (3GPP, page 335, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access)”, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access). 3GPP teaches the claimed limitations as stated above. 3GPP does not explicitly teach the following features: regarding claim 4, receiving a data transmission performance request message from a second entity configured to perform a network data analytics function (NWDAF). However, Lee teaches receiving a data transmission performance request message from a second entity configured to perform a network data analytics function (NWDAF) (Lee, Fig. 6, [0122], “In the case of an analytics ID (application trace) and an analytics ID (service QoE), other than the case of the analytics ID (packet trace), the NWDAF may request and receive the same from the data processing node device (UPF) 100 of the present disclosure according to the table of FIG. 6, in the same manner as the above-description”, Fig. 7, step S10, [0195], “the UPF 100 receives a request for transferring specific information (packet trace information) from an NWDAF in operation S10”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of 3GPP to have the features, as taught by Lee, in order to extend the range of information analysis on network data of 5G to an UPF and improve usability of information analysis and performance of construction of infrastructure (Lee, [0037]). As to claim 5, 3GPP teaches wherein the data transmission performance comprises performance information for at least one quality of service (QoS) flow included in a data access path (3GPP, page 334, section 6.77.1.1, “Appropriate setting the Steering mode in the PCC rules can improve user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access), page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type”. The UPF transmits the performance measurements to the NWDAF, where the performance measurements include RTT, packet loss date, etc. for the 3GPP access and non-3GPP access). As to claim 6, 3GPP teaches wherein the performance information for the at least one QoS flow comprises at least one data round-trip delay time (round-trip time, RTT, and delay) and a packet loss rate measurement value (3GPP, page 171, Table 6.31.2-2, “QoS flow Packet Delay”, “Source”, “UPF”, page 334, section 6.77.1.1, “Appropriate setting the Steering mode in the PCC rules can improve user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access), page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type”. The UPF transmits the performance measurements to the NWDAF, where the performance measurements include RTT, delay, packet loss date, etc. for the 3GPP access and non-3GPP access). As to claim 7, 3GPP teaches a method performed by a second entity for performing a network data analytics function (NWDAF) in a wireless communication system (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, the procedure for Analytics for Per Access Network Performance by a NWDAF), the method comprising: receiving a data analysis information request message for changing a policy control function (PCF) from a first entity configured to perform the policy control function (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 1, the PCF requests analytics information on “Per Network Performance” provided by NWDAF. Pages 370-371, section 7.21, the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules); receiving a result of data transmission performance measurement from the third entity (3GPP, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type. NOTE: It is assumed that how NWDAF collects the data from UPF is not defined”. The performance measurements are transmitted by the UPF to the NWDAF); and transmitting data analysis information to the first entity based on the result of data transmission performance measurement (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 5, the PCF receives the analytics for Per Access Network Performance from the NWDAF), wherein the data analysis information and the data transmission performance are determined based on a data access type (3GPP, page 335, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access)”, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access). 3GPP teaches the claimed limitations as stated above. 3GPP does not explicitly teach the following features: regarding claim 7, transmitting a data transmission performance request message to a third entity configured to perform a user plane function (UPF) based on the data analysis information request message. However, Lee teaches transmitting a data transmission performance request message to a third entity configured to perform a user plane function (UPF) based on the data analysis information request message (Lee, Fig. 6, [0122], “In the case of an analytics ID (application trace) and an analytics ID (service QoE), other than the case of the analytics ID (packet trace), the NWDAF may request and receive the same from the data processing node device (UPF) 100 of the present disclosure according to the table of FIG. 6, in the same manner as the above-description”, Fig. 7, step S10, [0195], “the UPF 100 receives a request for transferring specific information (packet trace information) from an NWDAF in operation S10”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of 3GPP to have the features, as taught by Lee, in order to extend the range of information analysis on network data of 5G to an UPF and improve usability of information analysis and performance of construction of infrastructure (Lee, [0037]). As to claim 8, 3GPP teaches further comprising generating the data analysis information based on the data transmission performance (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 5, the NWDAF provides the analytics for Per Access Network Performance to the PCF based on the collected data. Page 335, section 6.77.2.1, page 338, section 6.77.5.1, the NWDAF receives the performance measurements from the UPF, including RTT, QoS flow Packet Delay (page 171, Table 6.31.2-2), packet loss rate (page 334, section 6.77.1.1), etc.), wherein the data transmission performance includes performance information for at least one quality of service (QOS) flow included in a data access path (3GPP, page 334, section 6.77.1.1, “Appropriate setting the Steering mode in the PCC rules can improve user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access), page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type”. The UPF transmits the performance measurements to the NWDAF, where the performance measurements include RTT, packet loss date, etc. for the 3GPP access and non-3GPP access). As to claim 12, 3GPP teaches a third entity for performing a user plane function (UPF) in a wireless communication system (3GPP, page 335, section 7.77.2.1, section 6.77/.2.2, page 338, section 6.77.5.1, the UPF), the third entity configured to: obtaining a result of data transmission performance measurement (3GPP, page 335, section 7.77.2.1, “Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19]). The NWDAF may obtain measurements by invoking management services”, Table 6.77.2.1-2, Information: Communication performance (1..max), Source: UPF, Description: Communication performance per multi access PDU session using periodical counters configured in the event subscription, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”. Section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access)”. The UPF determines performance measurements), and transmit the result of data transmission performance measurement to the second entity (3GPP, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type. NOTE: It is assumed that how NWDAF collects the data from UPF is not defined”. The performance measurements are transmitted by the UPF to the NWDAF), wherein the data transmission performance is determined based on a data access type (3GPP, page 335, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access)”, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access). 3GPP teaches the claimed limitations as stated above. 3GPP does not explicitly teach the following features: regarding claim 12, the third entity comprising: a transceiver configured to transmit and receive a signal; and a controller connected to the transceiver, wherein the controller is configured to: receive a data transmission performance request message from a second entity configured to perform a network data analytics function (NWDAF). However, Lee teaches the third entity (Lee, Fig. 6, [0122], Fig. 7, step S10, [0195], the UPF) comprising: a transceiver configured to transmit and receive a signal (Lee, Figs. 7-9, Fig. 10, [0183], “the SBI communication unit 210 may perform communication according to a scheme of sending and receiving an SBI message…enable communication with a UPF that uses an SBI”); and a controller connected to the transceiver (Lee, [0223], a computer device executing program commands to perform the functions of the device), wherein the controller is configured to: receive a data transmission performance request message from a second entity configured to perform a network data analytics function (NWDAF) (Lee, Fig. 6, [0122], “In the case of an analytics ID (application trace) and an analytics ID (service QoE), other than the case of the analytics ID (packet trace), the NWDAF may request and receive the same from the data processing node device (UPF) 100 of the present disclosure according to the table of FIG. 6, in the same manner as the above-description”, Fig. 7, step S10, [0195], “the UPF 100 receives a request for transferring specific information (packet trace information) from an NWDAF in operation S10”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of 3GPP to have the features, as taught by Lee, in order to extend the range of information analysis on network data of 5G to an UPF and improve usability of information analysis and performance of construction of infrastructure (Lee, [0037]). As to claim 13, 3GPP teaches wherein the data transmission performance comprises performance information for at least one quality of service (Qos) flow included in a data access path (3GPP, page 334, section 6.77.1.1, “Appropriate setting the Steering mode in the PCC rules can improve user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access), page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type”. The UPF transmits the performance measurements to the NWDAF, where the performance measurements include RTT, packet loss date, etc. for the 3GPP access and non-3GPP access), and wherein the performance information for the at least one QoS flow includes at least one data round-trip delay time (round-trip time, RTT, and delay) and a packet loss rate measurement value (3GPP, page 171, Table 6.31.2-2, “QoS flow Packet Delay”, “Source”, “UPF”, page 334, section 6.77.1.1, “Appropriate setting the Steering mode in the PCC rules can improve user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access), page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type”. The UPF transmits the performance measurements to the NWDAF, where the performance measurements include RTT, delay, packet loss date, etc. for the 3GPP access and non-3GPP access). As to claim 14, 3GPP teaches a second entity for performing a network data analytics function (NWDAF) in a wireless communication system (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, a NWDAF performing a procedure for Analytics for Per Access Network Performance), the second entity configured to: receive a data analysis information request message for changing a policy control function (PCF) from a first entity configured to perform the policy control function (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 1, the PCF requests analytics information on “Per Network Performance” provided by NWDAF. Pages 370-371, section 7.21, the NWDAF analytics are used by the PCF to set the ATSSS Steering mode in the PCC rules), receive a result of data transmission performance measurement from the third entity (3GPP, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type. NOTE: It is assumed that how NWDAF collects the data from UPF is not defined”. The performance measurements are transmitted by the UPF to the NWDAF), and transmit data analysis information to the first entity based on the result of data transmission performance measurement (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 5, the PCF receives the analytics for Per Access Network Performance from the NWDAF), wherein the data analysis information and the data transmission performance are determined based on a data access type (3GPP, page 335, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access)”, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, “If the Network Performance Level over 3GPP access for App-1 is 6 and the Network Performance Level over non 3GPP access for App-1 is 4, “Steering Mode: Load-Balancing, 3GPP=60%, non-3GPP=40%” for App-1”. The access type is the 3GPP access and non-3GPP access). 3GPP teaches the claimed limitations as stated above. 3GPP does not explicitly teach the following features: regarding claim 14, the second entity comprising: a transceiver configured to transmit and receive a signal; and a controller connected to the transceiver, wherein the controller is configured to: transmit a data transmission performance request message to a third entity configured to perform a user plane function (UPF) based on the data analysis information request message. However, Lee teaches the second entity (Lee, Fig. 6, [0122], Fig. 7, step S10, [0195], Fig. 10, [0178], the NWDAF) comprising: a transceiver configured to transmit and receive a signal (Lee, Fig. 10, [0182], the NWDAF includes a service based interface (SIB) 210 to perform communications between network functions); and a controller connected to the transceiver (Lee, Fig. 10, [0184]-[0186], the information collecting unit communicates with the UPF via the SBI communication unit, and may collect, from the UPF, the specific information of the UP needed for analysis. [0223], a computer device executing program commands to perform the functions of the device), wherein the controller is configured to: transmit a data transmission performance request message to a third entity configured to perform a user plane function (UPF) based on the data analysis information request message (Lee, Fig. 6, [0122], “In the case of an analytics ID (application trace) and an analytics ID (service QoE), other than the case of the analytics ID (packet trace), the NWDAF may request and receive the same from the data processing node device (UPF) 100 of the present disclosure according to the table of FIG. 6, in the same manner as the above-description”, Fig. 7, step S10, [0195], “the UPF 100 receives a request for transferring specific information (packet trace information) from an NWDAF in operation S10”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of 3GPP to have the features, as taught by Lee, in order to extend the range of information analysis on network data of 5G to an UPF and improve usability of information analysis and performance of construction of infrastructure (Lee, [0037]). As to claim 15, 3GPP teaches wherein the controller is configured to control generation of the data analysis information based on the data transmission performance (3GPP, pages 336-337, section 6.77.4.1, Figure 6.77.4.1-1, step 5, the NWDAF provides the analytics for Per Access Network Performance to the PCF based on the collected data. Page 335, section 6.77.2.1, page 338, section 6.77.5.1, the NWDAF receives the performance measurements from the UPF, including RTT, QoS flow Packet Delay (page 171, Table 6.31.2-2), packet loss rate (page 334, section 6.77.1.1), etc.), and wherein the data transmission performance includes performance information for at least one quality of service (QOS) flow included in a data access path (3GPP, page 334, section 6.77.1.1, “Appropriate setting the Steering mode in the PCC rules can improve user plane performance, e.g. the UL/DL throughput, the packet loss rate, the RTT, etc. possibly per application”, page 335, section 6.77.2.1, “Performance Measurements that will be used by the NWDAF to determine performance of 3GPP access and non-3GPP access. Performance Measurements are related to data/information transfer over the user plane and/or the control plane (e.g. Performance measurements for gNB, N3IWF and UPF as defined in TS 28.552 [19])”, “Round trip time measured at the UPF”, “The RTT data collected by the NWDAF from the UPF”, section 6.77.2.2, “The data collected by the UPF described in Table 6.4.2-2 of TS 23.288 [5] with addition for round trip time measured at UPF side, per Access Type (i.e. for 3GPP access or for non-3GPP access), page 338, section 6.77.5.1, “UPF: - provides data related to communication performance per Access Type”. The UPF transmits the performance measurements to the NWDAF, where the performance measurements include RTT, packet loss date, etc. for the 3GPP access and non-3GPP access). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhang et al. U.S. Patent Application Publication No. 2023/0117382 – Network data analytics functions selection. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICARDO H CASTANEYRA whose telephone number is (571)272-2486. The examiner can normally be reached M-F 9:00am - 5:30pm. 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, Kwang bin Yao can be reached at 571-272-3182. 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. /RICARDO H CASTANEYRA/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Mar 19, 2024
Application Filed
Apr 24, 2026
Non-Final Rejection mailed — §103 (current)

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