Prosecution Insights
Last updated: October 02, 2026
Application No. 18/757,408

SERVER SELECTION METHOD AND DEVICE

Final Rejection §102
Filed
Jun 27, 2024
Priority
Dec 27, 2021 — CN 202111616682.5 +2 more
Examiner
COULTER, KENNETH R
Art Unit
2445
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
11m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
738 granted / 851 resolved
+28.7% vs TC avg
Minimal -5% lift
Without
With
+-4.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
15 currently pending
Career history
861
Total Applications
across all art units

Statute-Specific Performance

§101
19.3%
-20.7% vs TC avg
§103
18.1%
-21.9% vs TC avg
§102
39.9%
-0.1% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 851 resolved cases

Office Action

§102
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 . Response to Arguments Applicant's arguments filed 06/25/2026 have been fully considered but they are not persuasive. Applicant argues that Shen do not disclose that a DNS server resolves an FQDN to obtain an IP address of an EAS meeting the claimed first condition. Examiner disagrees. Shen clearly disclose wherein the DNS server supports resolution of a Fully Qualified Domain Name (FQDN) in the DNS query to obtain an IP address of an Edge Application Server (EAS) meeting a first condition (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 176). Applicant argues that Shen fail to disclose obtaining a DNS handling rule (paragraph 154 “… DNS message processing rules …”), wherein the DNS server supports resolution of a Fully Qualified Domain Name (FQDN) in the DNS query to obtain an IP address of an Edge Application Server (EAS) meeting a first condition (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 176), and the first condition comprises at least one of the following: shortest N6 delay, shortest N3 delay, shortest N9 delay, shortest User Plane Function (UPF) processing delay, or optimal EAS computing power resource (paragraph 109 “An edge application service may be provided by multiple edge application servers EAS. When starting the edge application service, the terminal UE needs to know the IP address of the application server. The terminal UE can select the appropriate EAS (such as the EAS closest to the UE) through the EASDF function, so that the data flow can be routed from the local to the EAS, thereby optimizing the service delay, data routing path and user service experience”; paragraph 111). 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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. Claims 1, 2, 10 – 12, 15 and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shen et al. (U.S. Pat. Pub. No. 2024/0414119) (Method and Apparatus for Selecting Edge Application Server, and Network Element Device, User Equipment and Storage Medium). 1. A server selection method, performed by a first communication device (Abstract “The present disclosure relates to method and apparatus for selecting an edge application server, and element network device, user equipment and storage medium to execute the discovery of selection of an edge application server …”; paragraph 4), comprising: obtaining a Domain Name System (DNS) handling rule (paragraph 154 “… DNS message processing rules …”), wherein the DNS handling rule is configured for transmitting a DNS query of a terminal to a DNS server (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 168; paragraph 176), wherein the DNS server supports resolution of a Fully Qualified Domain Name (FQDN) in the DNS query to obtain an IP address of an Edge Application Server (EAS) meeting a first condition (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 176), and the first condition comprises at least one of the following: shortest N6 delay, shortest N3 delay, shortest N9 delay, shortest User Plane Function (UPF) processing delay, or optimal EAS computing power resource (paragraph 109 “An edge application service may be provided by multiple edge application servers EAS. When starting the edge application service, the terminal UE needs to know the IP address of the application server. The terminal UE can select the appropriate EAS (such as the EAS closest to the UE) through the EASDF function, so that the data flow can be routed from the local to the EAS, thereby optimizing the service delay, data routing path and user service experience”; paragraph 111); and transmitting the DNS handling rule to a second communication device (Fig. 1; Fig. 4, step 10; paragraph 170 “… the DNS message processing rules of the FQDN received in the report …”; paragraph 171 “For the aforementioned Option A, the DNS processing rules include the corresponding IP addresses configured to build the EDNS client subnet options. For option B, the DNS processing rules include: Local DNS server IP address. DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers”). 2. The server selection method according to claim 1, wherein the DNS handling rule comprises at least one of the following: a first IP address, wherein the first IP address comprises an IP address of a region in which the EAS meeting the first condition is located, and is configured to be added to the DNS query so as to be transmitted to a first DNS server, wherein the first DNS server comprises a central DNS server; or a second IP address, wherein the second IP address comprises an IP address of a second DNS server, wherein the second DNS server supports resolution of the IP address of the EAS meeting the first condition; or the second DNS server is located at a same location as the terminal, wherein the second DNS server comprises a local DNS server (paragraph 109 “An edge application service may be provided by multiple edge application servers EAS. When starting the edge application service, the terminal UE needs to know the IP address of the application server. The terminal UE can select the appropriate EAS (such as the EAS closest to the UE) through the EASDF function, so that the data flow can be routed from the local to the EAS, thereby optimizing the service delay, data routing path and user service experience”; paragraph 110 “EAS discovery refers to the process in which the terminal UE discovers the appropriate EAS IP address through DNS. 3GPP supports EAS discovery and rediscovery functions. EAS rediscovery is the process of rediscovering and selecting an EAS when the previous EAS cannot be used or is no longer the optimal EAS. DNS servers can be deployed in different locations on the network. DNS servers can be deployed as a central DNS (C-DNS) resolver/server, or as a local DNS (L-DNS) resolver/server”). 10. The server selection method according to claim 1, further comprising: when the terminal moves or the third information is updated, updating the DNS handling rule (Fig. 4; paragraph 158 “Step 5, SMF can call the Neasdf_DNSContext_Update Request message to EASDF, and the Neasdf_DNSContext_Update Request message carries the EASDF context ID and DNS message processing rules. The triggering conditions for the update process include that the UE moves to a new location, or EASDF reports certain FQDN EASDF DNS queries, or the insertion/deletion of the Local PDU session anchor (PSA) leads to the update of DNS processing rules”), wherein the third information comprises at least one of the following: N6 delay information of each Protocol Data Unit (PDU) Session Anchor (PSA), PSA and Radio Access Network (RAN) N3 delay information, N9 delay information, or UPF processing delay information (Fig. 4; paragraph 158). 11. A server selection method, performed by a second communication device (Abstract “The present disclosure relates to method and apparatus for selecting an edge application server, and element network device, user equipment and storage medium to execute the discovery of selection of an edge application server …”; paragraph 4), comprising: obtaining a Domain Name System (DNS) handling rule (paragraph 154 “… DNS message processing rules …”); and transmitting a DNS query of a terminal to a DNS server based on the DNS handling rule (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 168; paragraph 176), wherein the DNS server supports resolution of a Fully Qualified Domain Name (FQDN) in the DNS query to obtain an IP address of an Edge Application Server (EAS) meeting a first condition (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 176), and the first condition comprises at least one of the following: shortest N6 delay, shortest N3 delay, shortest N9 delay, shortest User Plane Function (UPF) processing delay, or optimal EAS computing power resource (paragraph 109 “An edge application service may be provided by multiple edge application servers EAS. When starting the edge application service, the terminal UE needs to know the IP address of the application server. The terminal UE can select the appropriate EAS (such as the EAS closest to the UE) through the EASDF function, so that the data flow can be routed from the local to the EAS, thereby optimizing the service delay, data routing path and user service experience”; paragraph 111). 12. The server selection method according to claim 11, wherein obtaining the DNS handling rule comprises: requesting a first communication device or a third communication device to provide the DNS handling rule for the DNS query; or, generating the DNS handling rule based on first information (paragraph 171 “… DNS processing rules can also instruct EASDF to simply forward DNS queries to pre-configured DNS servers/resolvers …”; paragraph 168; paragraph 176), wherein the first information comprises at least one of the following: EAS computing power information, N6 delay information of each Protocol Data Unit (PDU) Session Anchor (PSA), PSA and Radio Access Network (RAN) N3 delay information, N9 delay information, or UPF processing delay information, wherein the EAS computing power information comprises computing power resource information corresponding to the FQDN under a target region (Fig. 4; paragraph 158 “Step 5, SMF can call the Neasdf_DNSContext_Update Request message to EASDF, and the Neasdf_DNSContext_Update Request message carries the EASDF context ID and DNS message processing rules. The triggering conditions for the update process include that the UE moves to a new location, or EASDF reports certain FQDN EASDF DNS queries, or the insertion/deletion of the Local PDU session anchor (PSA) leads to the update of DNS processing rules”). Regarding claim 15, the rejection of claims 1 and 11 under 35 USC 102 (see above) applies fully. Regarding claim 16, the rejection of claim 2 under 35 USC 102 (see above ) applies fully. Allowable Subject Matter Claims 3 – 9, 13, 14, and 17 – 20 are 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 THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. For future email communications (including interview agendas), Applicant should file the appropriate PTO form (PTO/SB/439) or file an air interview request. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH R COULTER whose telephone number is (571)272-3879. The examiner can normally be reached ???. 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, Oscar Louie can be reached at ???. 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. /KENNETH R COULTER/Primary Examiner, Art Unit 2445 /KRC/
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Prosecution Timeline

Jun 27, 2024
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §102
Jun 25, 2026
Response Filed
Sep 10, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
87%
Grant Probability
82%
With Interview (-4.7%)
3y 2m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 851 resolved cases by this examiner. Grant probability derived from career allowance rate.

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