DETAILED ACTION
This office action is a response to the application 18/793,803 field on August 3, 2024.
Claims 1-20 are pending.
Claims 1-20 are rejected.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in CN on July 1, 2025. It is noted, however, that applicant has not filed a certified copy of the CN202410879182.8 application as required by 37 CFR 1.55.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in WO on August 8, 2023. It is noted, however, that applicant has not filed a certified copy of the PCT/CN2023/111753 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 20, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 16 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 20 of copending Application No. 18/793,797 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Instant application are obvious variations of the claims of the Patent. The table below shows only Example (sample) of Claims which are anticipated by 18/793,797.
Present Claims
Co-pending 18/793,797
1. A method for a user equipment (UE) using artificial intelligence – machine learning (AI-ML) model in a wireless network comprising: receiving, by the UE, a data collection request initiated by a UE server, wherein the UE is connected with a radio access network (RAN) node of the wireless network; obtaining data collection configuration from the RAN node, wherein the data collection configuration configures AI-ML model related parameters for the UE; performing data collection to collect AI-ML model related data based on the data collection configuration; and delivering the collected AI-ML model related data destined to the UE server through a delivery tunnel.
1. A method for a user equipment (UE) connected with a radio access network (RAN) node in a wireless network, comprising: receiving, by the UE, data collection configuration from the RAN node, wherein the data collection configuration configures artificial intelligence - machine learning (AI-ML) model related parameters for the UE; performing data collection to collect AI-ML model related data based on the data collection configuration; and performing data delivery for the collected AI-ML model related data through the RAN node destined to a UE server.
16. A method for a user equipment (UE) server providing artificial intelligence – machine learning (AI-ML) model for one or more UE in a wireless network comprising: initiating, by the UE server, a data collection request destined to the one or more UEs, wherein the data collection request initiates data collection by the one or more UEs for AI-ML model used by the one or more UEs; receiving one or more data collection responses; and receiving AI-ML model related data and assistance information through a data tunnel connected with the wireless network.
1. A method for a user equipment (UE) connected with a radio access network (RAN) node in a wireless network, comprising: receiving, by the UE, data collection configuration from the RAN node, wherein the data collection configuration configures artificial intelligence - machine learning (AI-ML) model related parameters for the UE; performing data collection to collect AI-ML model related data based on the data collection configuration; and performing data delivery for the collected AI-ML model related data through the RAN node destined to a UE server.
20. A user equipment (UE), comprising: a transceiver that transmits and receives radio frequency (RF) signal in a wireless network; a detection module that receives a data collection request initiated by a UE server, wherein the UE is connected with a radio access network (RAN) node of the wireless network; a configuration module that obtains data collection configuration from the RAN node, wherein the data collection configuration configures AI-ML model related parameters for the UE; a collection module that performs data collection to collect AI-ML model related data based on the data collection configuration; and a delivery module that delivers the collected AI-ML model related data destined to the UE server through a delivery tunnel.
20. (original) A user equipment (UE), comprising: a transceiver that transmits and receives radio frequency (RF) signal in a wireless network; a configuration module that receives data collection configuration from a radio access network (RAN) node, wherein the data collection configuration configures artificial intelligence - machine learning (AI-ML) model related parameters for the UE; a collection module that performs data collection to collect AI-ML model related data based on the data collection configuration; and a delivery module that performs data delivery for the collected AI-ML model related data through the RAN node destined to a UE server.
Regarding Claims 1, 16 and 20, claims 1 and 20 of co-pending 18/793,797 disclose all the limitations of Claims 1-20 by eliminating limitations. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 186 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would have been obvious to one skilled in the art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a detection module that receives”, “a configuration module that obtains”, “a collection module that performs”, “a delivery module that delivers” in claim 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
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 1, 8, 9, 11-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Saltsidis et al. WIPO Publication WO 2024/028041, hereinafter Saltsidis, in view of Syed Muhammad et al. U.S. Patent application Publication 2024/0283709, hereinafter Syed.
Regarding Claim 1, Saltsidis discloses a method for a user equipment (UE) using artificial intelligence-machine learning (AI-ML) model in a wireless network (Abstract; Figure 1, 2, 6, 8, 10-14) comprising:
receiving, by the UE, a data collection request initiated by a UE server, wherein the UE is connected with a radio access network (RAN) node of the wireless network; obtaining data collection configuration from the RAN node, wherein the data collection configuration configures AI-ML model related parameters for the UE (Page 2, line 35-page 3, line 5; page 8, lines 14-15; page 10, line 38-page 11, line 12, g., receiving, by UE, request to perform data measurement for AI/ML model from RAN, wherein the request includes data measurement configuration for the UE);
performing data collection to collect AI-ML model related data based on the data collection configuration (page 2, line 35-page 3, line 5; page 2, line 24-page 3, line 5; page 8, lines 39-40; page 11 lines 19-20, e.g., perform measurement to collect data for AI/ML model; page 3, lines 29-31; page 11, lines 19-20; page 11, lines 44-47, e.g., sending the measurement through the RAN to a server/TCE).
Saltsidis disclose delivering of collected AI-ML model related data but may not explicitly disclose delivering the collected AI-ML model related data destined to the UE server through a delivery tunnel.
However, Syed more specifically teaches delivering the collected AI-ML model related data destined to the UE server through a delivery tunnel (Syed Paragraph [0107-0115] Data collection tunnel established for transported UE measured data towards the dedicated server).
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 teachings of Saltsidis with the teachings of Syed. Syed provides a solution that ensures data collection from the UE and the delivery of these data to the dedicated server to improve at least these type of Machine Learning (ML)-based use case features and data collection for Artificial Intelligence(AI)/ML applications in a network (Syed Abstract; Paragraph [0001-0010]).
Regarding Claim 8, Saltsidis in view of Syed disclose the method of Claim 1. Saltsidis in view of Syed further disclose wherein the UE receives the data collection request from a network entity of the wireless network (Saltsidis Page 2, line 35-page 3, line 5; page 8, lines 14-15; page 10, line 38-page 11, line 12, g., receiving, by UE, request to perform data measurement for AI/ML model from RAN, wherein the request includes data measurement configuration for the UE).
Regarding Claim 9, Saltsidis in view of Syed disclose the method of Claim 8. Saltsidis in view of Syed further disclose wherein the UE receives the data collection configuration together with a data collection trigger from the RAN node, and wherein the delivery tunnel includes a data path established between the UE and the network entity and a tunnel between the network entity and the UE server (Syed Paragraph [0107-0115] Data collection tunnel established for transported UE measured data towards the dedicated server).
Regarding Claim 11, Saltsidis in view of Syed disclose the method of Claim 1. Saltsidis in view of Syed further disclose where the UE receives the data collection request with assistance information from a network entity of the wireless network (Saltsidis Page 2, line 35-page 3, line 5; page 8, lines 14-15; page 10, line 38-page 11, line 12, g., receiving, by UE, request to perform data measurement for AI/ML model from RAN, wherein the request includes data measurement configuration for the UE).
Regarding Claim 12, Saltsidis in view of Syed disclose the method of Claim 11. Saltsidis in view of Syed further disclose wherein the UE receives the data collection configuration together with a data collection trigger from the RAN node, and wherein the delivery tunnel is established between the UE and the UE server, and wherein the delivery tunnel is a user plane (UP) tunnel or a control plane (CP) tunnel (Saltsidis Page 21 Data collection reporting triggers; Syed Muhammad Paragraph [0006 and 0076-0079] User plane based data collection towards server).
Regarding Claim 13, Saltsidis in view of Syed disclose the method of Claim 11. Saltsidis in view of Syed further disclose wherein the assistance information includes one or more elements comprising: use case for the AI-ML model related data, functionality of the AI-ML model related data, scenario information, location information, and RAN configuration information for the AI-ML model related data (Saltsidis Page 2, line 35-page 3, line 5; page 8, lines 14-15; page 10, line 38-page 11, line 12, g., receiving, by UE, request to perform data measurement for AI/ML model from RAN, wherein the request includes data measurement configuration for the UE).
Regarding Claim 14, Saltsidis in view of Syed disclose the method of Claim 1. Saltsidis in view of Syed further disclose wherein the UE communicates with the RAN node through layer-1 (L1) uplink control information (UCI), L2 MAC control element (CE), radio resource control (RRC) message or a new radio bearer for AI (Saltsidis Page 5 and 6 RRC communication; Syed Figure 1 and 2; Paragraph [0117-0133] RRC communication and dedicated bearer for AI/ML data collection model).
Regarding Claim 15, Saltsidis in view of Syed disclose the method of Claim 1. Saltsidis in view of Syed further disclose wherein the data collection configuration is received from the RAN node with unicast or groupcast (Saltsidis Page 5 Direct unicast communication to UEs; Syed Figure 1 and 2; Paragraph [0118-0133] Direct unicast connection over dedicated bearer).
Regarding Claim 16, Saltsidis discloses a method for a user equipment (UE) server providing artificial intelligence-machine learning (AI-ML) model for one or more UE in a wireless network (Abstract; Figure 1, 2, 6, 8, 10-14) comprising:
initiating, by the UE server, a data collection request destined to the one or more UEs, wherein the data collection request initiates data collection by the one or more UEs for AI-ML model used by the one or more UEs (Page 2, line 35-page 3, line 5; page 8, lines 14-15; page 10, line 38-page 11, line 12, g., receiving, by UE, request to perform data measurement for AI/ML model from RAN, wherein the request includes data measurement configuration for the UE);
receiving one or more data collection responses (page 2, line 35-page 3, line 5; page 2, line 24-page 3, line 5; page 8, lines 39-40; page 11 lines 19-20, e.g., perform measurement to collect data for AI/ML model; page 3, lines 29-31; page 11, lines 19-20; page 11, lines 44-47, e.g., sending the measurement through the RAN to a server/TCE).
Saltsidis disclose delivering of collected AI-ML model related data and assistance information but may not explicitly disclose receiving AI-ML model related data and assistance information through a data tunnel connected with the wireless network.
However, Syed more specifically teaches receiving AI-ML model related data and assistance information through a data tunnel connected with the wireless network (Syed Paragraph [0107-0115] Data collection tunnel established for transported UE measured data towards the dedicated server).
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 teachings of Saltsidis with the teachings of Syed. Syed provides a solution that ensures data collection from the UE and the delivery of these data to the dedicated server to improve at least these type of Machine Learning (ML)-based use case features and data collection for Artificial Intelligence(AI)/ML applications in a network (Syed Abstract; Paragraph [0001-0010]).
Regarding Claim 18, Saltsidis in view of Syed disclose the method of Claim 16. Saltsidis in view of Syed further disclose wherein the assistance information is attached to the AI-ML model related data by corresponding UEs or by a network entity of the wireless network (Saltsidis Page 15 Configuration and assistance information for AI/ML purposes; Syed Paragraph [0034] AI/ML).
Regarding Claim 19, Saltsidis in view of Syed disclose the method of Claim 16. Saltsidis in view of Syed further disclose wherein the data tunnel is a direct user plane (UP) tunnel with corresponding UE, a direct control plane (CP) tunnel with corresponding UE, a UP tunnel with a network entity together with a data path to corresponding UE, or a CP tunnel with a network entity together with a data path to corresponding UE (Syed Muhammad Paragraph [0006 and 0076-0079] User plane based data collection towards server).
Regarding Claim 20, Saltsidis discloses a user equipment (UE), comprising: a transceiver that transmits and receives radio frequency (RF) signal in a wireless network (Abstract; Figure 1, 2, 6, 8, 10-14);
a detection module that receives a data collection request initiated by a UE server, wherein the UE is connected with a radio access network (RAN) node of the wireless network; a configuration module that obtains data collection configuration from the RAN node (Page 2, line 35-page 3, line 5; page 8, lines 14-15; page 10, line 38-page 11, line 12, g., receiving, by UE, request to perform data measurement for AI/ML model from RAN, wherein the request includes data measurement configuration for the UE);
wherein the data collection configuration configures AI-ML model related parameters for the UE; a collection module that performs data collection to collect AI-ML model related data based on the data collection configuration (page 2, line 35-page 3, line 5; page 2, line 24-page 3, line 5; page 8, lines 39-40; page 11 lines 19-20, e.g., perform measurement to collect data for AI/ML model; page 3, lines 29-31; page 11, lines 19-20; page 11, lines 44-47, e.g., sending the measurement through the RAN to a server/TCE).
Saltsidis disclose delivering of collected AI-ML model related data and assistance information but may not explicitly disclose a delivery module that delivers the collected AI-ML model related data destined to the UE server through a delivery tunnel.
However, Syed more specifically teaches a delivery module that delivers the collected AI-ML model related data destined to the UE server through a delivery tunnel (Syed Paragraph [0107-0115] Data collection tunnel established for transported UE measured data towards the dedicated server).
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 teachings of Saltsidis with the teachings of Syed. Syed provides a solution that ensures data collection from the UE and the delivery of these data to the dedicated server to improve at least these type of Machine Learning (ML)-based use case features and data collection for Artificial Intelligence(AI)/ML applications in a network (Syed Abstract; Paragraph [0001-0010]).
Claim 2, 7, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Saltsidis in view of Syed as applied to claim 1 above, and further in view of Chen U.S. Patent Application Publication 2026/0106655, hereinafter Chen.
Regarding Claim 2, Saltsidis in view of Syed disclose the method of Claim 1. Saltsidis in view of Syed further disclose wherein the delivery tunnel is established between the UE and the UE server (Syed Paragraph [0107-0115] Data collection tunnel established for transported UE measured data towards the dedicated server).
Saltsidis in view of Syed may not explicitly disclose wherein the UE receives the data collection request directly from the UE server through an application layer message.
However, Chen more specifically teaches wherein the UE receives the data collection request directly from the UE server through an application layer message (Figure 5; Paragraph [0042-0059 and 0074] Data collection transmission and communication with server through the application layer of 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 teachings of Saltsidis in view of Syed with the teachings of Chen. The method makes the network side obtain the AS layer data collected by the terminal device to ensure that the network side has enough data training AI model, and improves the performance of AI model. The introduction of the convolution layer and the pool layer effectively controls the dramatic increase of the network parameter, limits the number of the parameter and excavates the characteristic of the local structure, and improves the robustness of the algorithm (Chen Abstract; Paragraph [0002-0006 and 0030-0034]).
Regarding Claim 7, Saltsidis in view of Syed and Chen disclose the method of Claim 2. Saltsidis in view of Syed and Chen further disclose wherein the delivery tunnel established between the UE and the UE server is a user plane (UP) tunnel or a control plane (CP) tunnel (Syed Muhammad Paragraph [0006 and 0076-0079] User plane based data collection towards server).
Regarding Claim 10, Saltsidis in view of Syed disclose the method of Claim 8. Saltsidis in view of Syed briefly discloses NAS layer communication with network entity (Syed Paragraph [0006 and 0076-0079] User plane based data collection towards server) but may not explicitly disclose wherein the data path between the UE and the network entity is a CP tunnel through a Non-Access-Stratum (NAS) layer or a UP tunnel through an application layer.
However, Chen more specifically teaches wherein the data path between the UE and the network entity is a CP tunnel through a Non-Access-Stratum (NAS) layer or a UP tunnel through an application layer (Figure 5; Paragraph [0042-0059 and 0074] Data collection transmission and communication with server through the application layer of the UE; Paragraph [0100-0115] Data collection through User plane).
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 teachings of Saltsidis in view of Syed with the teachings of Chen. The method makes the network side obtain the AS layer data collected by the terminal device to ensure that the network side has enough data training AI model, and improves the performance of AI model. The introduction of the convolution layer and the pool layer effectively controls the dramatic increase of the network parameter, limits the number of the parameter and excavates the characteristic of the local structure, and improves the robustness of the algorithm (Chen Abstract; Paragraph [0002-0006 and 0030-0034]).
Regarding Claim 17, Saltsidis in view of Syed disclose the method of Claim 16. Saltsidis in view of Syed further disclose wherein the data collection request is sent to the one or more UEs through a network entity of the wireless network (Syed Paragraph [0107-0115] Data collection tunnel established for transported UE measured data towards the dedicated server).
Saltsidis in view of Syed may not explicitly disclose directly through an application layer message.
However, Chen more specifically teaches directly through an application layer message (Figure 5; Paragraph [0042-0059 and 0074] Data collection transmission and communication with server through the application layer of 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 teachings of Saltsidis in view of Syed with the teachings of Chen. The method makes the network side obtain the AS layer data collected by the terminal device to ensure that the network side has enough data training AI model, and improves the performance of AI model. The introduction of the convolution layer and the pool layer effectively controls the dramatic increase of the network parameter, limits the number of the parameter and excavates the characteristic of the local structure, and improves the robustness of the algorithm (Chen Abstract; Paragraph [0002-0006 and 0030-0034]).
Claim 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Saltsidis in view of Syed and Chen as applied to claim 2 above, and further in view of Mu U.S. Patent Application Publication 2026/0220530, hereinafter Mu.
Regarding Claim 3, Saltsidis in view of Syed and Chen disclose the method of Claim 2. Saltsidis in view of Syed and Chen fail to explicitly disclose sending a UE data collection request to the RAN node; and receiving the data collection configuration and assistance information from the RAN node.
However, Mu more specifically teaches sending a UE data collection request to the RAN node; and receiving the data collection configuration and assistance information from the RAN node (Figure 8; Paragraph [0162] The terminal device may send a first assistance information collection request to the base station, and the terminal device may receive the assistance information corresponding to the data sample information sent by the base station in response to the first assistance information collection request, where the assistance information corresponding to the data sample information is used to assist in the training of the AI model).
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 teachings of Saltsidis in view of Syed and Chen with the teachings of Mu. Mu provides a solution which improves the convenience of data processing (Mu Abstract; Paragraph [0137, 0147 and 0250]).
Regarding Claim 4, Saltsidis in view of Syed, Chen and Mu disclose the method of Claim 3. Saltsidis in view of Syed, Chen and Mu further disclose wherein the assistance information includes one or more elements comprising: use case for the AI-ML model related data, functionality of the AI-ML model related data, scenario information, location information, and RAN configuration information for the AI-ML model related data (Mu Figure 8; Paragraph [0162-0163] The terminal device may send a first assistance information collection request to the base station, and the terminal device may receive the assistance information corresponding to the data sample information sent by the base station in response to the first assistance information collection request, where the assistance information corresponding to the data sample information is used to assist in the training of the AI model; that is assistance information related to use case, functionality of AI-ML model related data and configuration information).
Regarding Claim 5, Saltsidis in view of Syed, Chen and Mu disclose the method of Claim 3. Saltsidis in view of Syed, Chen and Mu further disclose wherein the assistance information is received from the RAN node with unicast or groupcast (Mu Direct unicast transmission between base station and terminal device).
Regarding Claim 6, Saltsidis in view of Syed, Chen and Mu disclose the method of Claim 3. Saltsidis in view of Syed, Chen and Mu further disclose wherein the UE delivers the assistance information with the collected AI-ML model related data destined to the UE server (Mu Figure 34; Paragraph [0327-0328] The terminal device may send the data sample information and the assistance information corresponding to the data sample information to the core network device. The core network device may send the data sample information and the assistance information corresponding to the data sample information to the server).
Conclusion
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IVAN O. LATORRE
Primary Examiner
Art Unit 2409
/IVAN O LATORRE/Primary Examiner, Art Unit 2409
Prosecution Insights