Prosecution Insights
Last updated: August 30, 2026
Application No. 18/718,747

MANAGING A WIRELESS DEVICE WHICH HAS AVAILABLE A MACHINE LEARNING MODEL THAT IS OPERABLE TO CONNECT TO A COMMUNICATION NETWORK

Non-Final OA §102§103
Filed
Jun 11, 2024
Priority
Dec 13, 2021 — nonprovisional of PCTSE2021051243
Examiner
CHERY, DADY
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1304 granted / 1482 resolved
+26.0% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
35 currently pending
Career history
1503
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
30.5%
-9.5% vs TC avg
§102
32.3%
-7.7% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1482 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections Claim 56 is objected to because of the following informalities: claim 56 recites the limitation RNO which not defined in the claim . Appropriate correction is required. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1,33,35,38,57,59, and 61 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tomala et al. (US Application 2022/0279341, hereinafter Tomala). Regarding claims 1, 59,Tomala discloses a method(Figs. 2,6-8) for managing a wireless device (131-135,202) that is operable to connect to a communication network(150), wherein the communication network comprises a Radio Access Network (RAN)(204), and wherein the wireless device has available for execution a Machine Learning (ML) model that is operable to provide an output, on the basis of which a RAN operation performed by the wireless device may be configured(item 220, [0043], which recites UE 202 may save (e.g., store) the received ML configuration at the UE for execution a Machine Learning (ML) mode), the RAN node comprising processing circuitry(804,808,see [0101]) configured to cause the RAN node ,the method, performed by a RAN node of the communication network, comprising: on fulfilment of a trigger condition([0035]-[0036], where the UECapabilityEnquiry message and UECapabilitylnformation message are considered as fulfilment of a trigger condition), causing an ML model Assurance Information (MAI) Request to be sent to the wireless device, the MAI Request comprising an indication of the ML model to which the MAI Request relates(item 610,[0037]-[0038],[0060]-[0061], where the ML configuration is considered as ML model Assurance Information (MAI) Request sent to the wireless device ); receiving, from the wireless device, an MAI Response, wherein the MAI Response comprises ML model characteristic information generated by the wireless device using the ML model(items 630, 720, [0044]-[0045], [0063]-[0064], [0087], which recites gNB 204 may receive ML data from the UE. In an example implementation, the ML data may be received by gNB 204 in response to the transmission of the ML configuration to the UE); and configuring the RAN operation performed by the wireless device according to the received MAI Response([0047]-[0048],[0089], which recites the gNB may process the received ML data and perform one or more actions. In some implementation, gNB 204 may forward the received ML data to another entity, e.g., core network entity, for further processing). Regarding claims 33,61, Tomala discloses a method (Figs. 2,6-8) for managing a wireless device (131-135,202) that is operable to connect to a communication network(150), wherein the communication network comprises a Radio Access Network (RAN) (204), and wherein the wireless device has available for execution a Machine Learning (ML) model that is operable to provide an output, on the basis of which a RAN operation performed by the wireless device may be configured (item 220, [0043], which recites UE 202 may save (e.g., store) the received ML configuration at the UE for execution a Machine Learning (ML) mode), the wireless device comprising processing circuitry (804,808, see [0101]) configured to cause the wireless device to configured to cause the RAN node , the method, performed by the wireless device, comprising: receiving, from a RAN node of the communication network, an ML model Assurance Information (MAI) Request, the MAI Request comprising an indication of the ML model to which the MAI Request relates(item 610,[0037]-[0038],[0060]-[0061], where the ML configuration is considered as ML model Assurance Information (MAI) Request sent to the wireless device ); generating ML model characteristic information using the ML model indicated in the MAI Request(item 610,[0037]-[0038],[0060]-[0061], which recites gNB 204 may generate an ML configuration for the UE); and transmitting, to the RAN node, an MAI Response, wherein the MAI Response comprises the generated ML model characteristic information(items 630, 720, [0044]-[0045], [0063]-[0064], [0087], which recites gNB 204 may receive ML data from the UE. In an example implementation, the ML data may be received by gNB 204 in response to the transmission of the ML configuration to the UE). Regarding claim 35, Tomala discloses the method of claim 33, wherein generating the ML model characteristic using the ML model comprises generating a value using at least one of: the ML model([0047]-[0048]); one or more parameters of the ML model([0047]-[0048]). Regarding claim 38, Tomala discloses the method of claim 33, wherein generating the ML model characteristic information using the ML model comprises: generating a function of the ML model or at least one ML model parameter([0047]-[0048]). Regarding claim 57, Tomala discloses the method of claim 33, wherein the RAN operation performed by the wireless device comprises at least one of: beam measurement prediction; secondary carrier prediction; signal quality forecast; signal quality drop prediction; compression of radio measurements; power control in uplink, UL, transmission; timing advance in UL transmission; link adaptation in UL transmission; estimation of performance metrics; information compression for UL transmission; coverage estimation for secondary carrier; estimation of signal quality degradation; estimation of signal strength degradation; a mobility related operation; an energy saving operation; a positioning operation([0023]-[0024]). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 34,36-37,40-43,45-47,52, and 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomala in view of Kumar et al. (US Application 2022/0377844, hereinafter Kumar). Regarding claim 34, Tomala discloses the method of claim 33 as addressed above, except further comprising: receiving, from the RAN node, information for configuration of the RAN operation performed by the wireless device. However, Kumar teaches receiving, from the RAN node, information for configuration of the RAN operation performed by the wireless device(Fig. 5, item 518, [0086], which recites the RAN/base station 504 may transmit, at 518, a model training configuration to a UE 502 based on receiving, at 516, the model training request ). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as receiving, from the RAN node, information for configuration of the RAN operation performed by the wireless device as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 36, Tomala discloses the method of claim 33 as addressed above, except further comprising: obtaining the ML model by performing at least one of: receiving the ML model in a transmission; receiving an instruction to download the ML model from a repository using an authenticated connection, and downloading the ML model according to the instruction. However, Kumar teaches obtaining the ML model by performing at least one of: receiving the ML model in a transmission(Fig. 5, item 518, [0086]-[0087]); receiving an instruction to download the ML model from a repository using an authenticated connection, and downloading the ML model according to the instruction (Fig. 5, item 520, [0086]-[0087]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as obtaining the ML model by performing at least one of: receiving the ML model in a transmission; receiving an instruction to download the ML model from a repository using an authenticated connection, and downloading the ML model according to the instruction as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 37, Tomala discloses the method of claim 36 as addressed above, except wherein obtaining the ML model comprises obtaining a version of the ML model that comprises at least one difference from a version of the model obtained by another wireless device, wherein the difference is such that the characteristic information for the ML model will be different to characteristic information for the version of the ML model obtained by the other wireless device. However, Kumar teaches wherein obtaining the ML model comprises obtaining a version of the ML model that comprises at least one difference from a version of the model obtained by another wireless device, wherein the difference is such that the characteristic information for the ML model will be different to characteristic information for the version of the ML model obtained by the other wireless device [0086]-[0087]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein obtaining the ML model comprises obtaining a version of the ML model that comprises at least one difference from a version of the model obtained by another wireless device, wherein the difference is such that the characteristic information for the ML model will be different to characteristic information for the version of the ML model obtained by the other wireless device as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 40, Tomala discloses the method of claim 33 as addressed above, except wherein generating the ML model characteristic information using the ML model comprises: providing a specific assurance input to the ML model; and generating a function of the ML model that corresponds to the specific assurance input provided by the wireless device to the ML model. However, Kumar teaches wherein generating the ML model characteristic information using the ML model comprises: providing a specific assurance input to the ML model; and generating a function of the ML model that corresponds to the specific assurance input provided by the wireless device to the ML model [0086]-[0087]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein generating the ML model characteristic information using the ML model comprises: providing a specific assurance input to the ML model; and generating a function of the ML model that corresponds to the specific assurance input provided by the wireless device to the ML model as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 41, Tomala discloses the method of claim 40 as addressed above, except wherein the function comprises at least one of: an output of the ML model; or an input or output of an activation function of an intermediate element of the ML model. However, Kumar teaches wherein the function comprises at least one of: an output of the ML model([0089]-[0091]); or an input or output of an activation function of an intermediate element of the ML model ([0089]-[0091]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein the function comprises at least one of: an output of the ML model; or an input or output of an activation function of an intermediate element of the ML model as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 42, Tomala discloses the method of claim 40 as addressed above, except further comprising obtaining the specific assurance input from the RAN node. However, Kumar teaches further comprising obtaining the specific assurance input from the RAN node ([0089]-[0091]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as further comprising obtaining the specific assurance input from the RAN node as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 43, Tomala discloses the method of claim 40 as addressed above, except obtaining the specific assurance input from the RAN node comprises obtaining an assurance input that is different to an assurance input provided to another wireless device. However, Kumar teaches obtaining the specific assurance input from the RAN node comprises obtaining an assurance input that is different to an assurance input provided to another wireless device ([0089]-[0091]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as obtaining the specific assurance input from the RAN node comprises obtaining an assurance input that is different to an assurance input provided to another wireless device as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 45, Tomala discloses the method of claim 33 as addressed above, except wherein generating the ML model characteristic information using the ML model comprises: generating a combination of an output of the ML model and an identifier of the version of the ML model used to generate the output. However, Kumar teaches wherein generating the ML model characteristic information using the ML model comprises generating a combination of an output of the ML model and an identifier of the version of the ML model used to generate the output ([0090]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein generating the ML model characteristic information using the ML model comprises: generating a combination of an output of the ML model and an identifier of the version of the ML model used to generate the output as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 46, Tomala discloses the method of claim 45 as addressed above, except wherein the identifier of the version of the ML model comprises at least one of: an assigned alphanumeric identifier; a function of parameters of the version of the ML model. However, Kumar teaches wherein the identifier of the version of the ML model comprises at least one of: an assigned alphanumeric identifier; a function of parameters of the version of the ML model ([0090]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein the identifier of the version of the ML model comprises at least one of: an assigned alphanumeric identifier; a function of parameters of the version of the ML model as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 47, Tomala discloses the method of claim 33 as addressed above, except wherein generating the ML model characteristic information using the ML model comprises: deriving a value from the ML model and an information item available to both the wireless device and the RAN node. However, Kumar teaches wherein generating the ML model characteristic information using the ML model comprises: deriving a value from the ML model and an information item available to both the wireless device and the RAN node ([0080]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein generating the ML model characteristic information using the ML model comprises: deriving a value from the ML model and an information item available to both the wireless device and the RAN node as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 52, Tomala discloses the method of claim 33 as addressed above, except wherein generating the ML model characteristic information using the ML model comprises: calculating a function of a derivative of at least one of the weights of the ML model, wherein the derivative is calculated using a secret shared with the RAN node. However, Kumar teaches wherein generating the ML model characteristic information using the ML model comprises: calculating a function of a derivative of at least one of the weights of the ML model, wherein the derivative is calculated using a secret shared with the RAN node ([0080]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein generating the ML model characteristic information using the ML model comprises: calculating a function of a derivative of at least one of the weights of the ML model, wherein the derivative is calculated using a secret shared with the RAN node as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Regarding claim 56, Tomala discloses the method of claim 34 as addressed above, except wherein receiving, from the RAN node, information for configuration of the RAN operation performed by the wireless device comprises receiving at least one of: an instruction to perform the RNO operation without using the ML model; an instruction to perform additional measurements; a correct current version of the ML model for wireless device; a warning from the RAN node. However, Kumar teaches wherein receiving, from the RAN node, information for configuration of the RAN operation performed by the wireless device comprises receiving at least one of: an instruction to perform the RNO operation without using the ML model([0080]-[0090]); an instruction to perform additional measurements; a correct current version of the ML model for wireless device([0080]-[0090]).; a warning from the RAN node ([0080]-[0090]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kumar with the teaching of Tomala by using the above features such as wherein receiving, from the RAN node, information for configuration of the RAN operation performed by the wireless device comprises receiving at least one of: an instruction to perform the RNO operation without using the ML model; an instruction to perform additional measurements; a correct current version of the ML model for wireless device; a warning from the RAN node as taught by Kumar for the purpose of providing a machine learning (ML) model training procedure([0001]). Allowable Subject Matter Claim 44 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm. 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, Moo Jeong can be reached at 571-272-9617. 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. /DADY CHERY/Primary Examiner, Art Unit 2418
Read full office action

Prosecution Timeline

Jun 11, 2024
Application Filed
Jun 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
97%
With Interview (+9.4%)
2y 6m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1482 resolved cases by this examiner. Grant probability derived from career allowance rate.

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