Prosecution Insights
Last updated: October 02, 2026
Application No. 18/826,749

Data Collection Indication Method, Data Collection Method, Terminal, and Network-Side Device

Non-Final OA §102
Filed
Sep 06, 2024
Priority
Mar 10, 2022 — CN 202210240740.7 +1 more
Examiner
MYERS, ERIC A
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
415 granted / 510 resolved
+21.4% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
15 currently pending
Career history
526
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
42.9%
+2.9% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
31.1%
-8.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 510 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 . 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ly et al. (US 2023/0056442, Ly hereinafter). Regarding claims 1 and 19, Ly teaches a method and a network-side device (AMF; Ly; Figs. 8A-8B and 18F; [0123]-[0127]), being a second network-side device and comprising a processor and a memory (Devices may be comprised of a processor and memory; Ly; Figs. 8A-8B and 18F-18G; [0278], [0317], [0338], [0348]), wherein the memory stores a program or an instruction executable on the processor, and the program or the instruction, when executed by the processor, causes the second network-side device to perform: receiving a data collection request sent by a first network-side device (The AMF (e.g., a second network-side device) may receive information for a data analytics collection policy from an NWDAF (e.g., a first network-side device). The AMF (e.g., a second network-side device) may also receive data analytics reporting information from a PCF (e.g., a first network-side device) and the AMF then derives a data analytics collection policy from the information provided by the PCF. Ly thus teaches receiving a data collection request sent by a first network-side device; Ly; Figs. 8A-8B; [0123]-[0127]); determining, based on the data collection request, a target terminal participating in data collection (As can be seen in at least step 21 of FIG. 8, the data analytics collection policy is returned to the UE 201 in the Registration Accept message. Ly thus teaches that the AMF may determine, based on the data collection request, a target terminal participating in data collection; Ly; Figs. 8A-8B; [0123]-[0127]); and triggering sending of indication information to the target terminal, wherein the indication information is used to indicate the target terminal to participate in data collection (As can be seen in at least step 21 of FIG. 8, the data analytics collection policy is returned to the UE 201 in the Registration Accept message. Ly thus teaches triggering sending of indication information to the target terminal, wherein the indication information is used to indicate the target terminal to participate in data collection; Ly; Figs. 8A-8B; [0123]-[0127]). Regarding claim 2, Ly teaches the limitations of claim 1. Ly further teaches information carried in the data collection request comprises at least one of the following: type indication information for indicating that request type of the data collection request is data collection; characteristic information of a terminal participating in data collection; type of data required to be collected; or first identification information for indicating purpose of collected data (After receiving the data analytics collection policy, the UE 201 will collect the necessary data specified by the policy and send them at the indicated frequency to a PMF using the PMF protocol. At least Table 2 teaches data that may be collected based on the policy, and such information may be interpreted as at least characteristic information of a terminal participating in data collection; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 3, Ly teaches the limitations of claim 2. Ly further teaches the characteristic information of the terminal comprises at least one of the following: second identification information for indicating a terminal participating in data collection; first indication information for indicating an area in which the terminal is located; second indication information for indicating capability required for the terminal; third indication information for indicating willingness of the terminal to participate in collection of data of target type; or fourth indication information for indicating the number of terminals required to participate in data collection (After receiving the data analytics collection policy, the UE 201 will collect the necessary data specified by the policy and send them at the indicated frequency to a PMF using the PMF protocol. At least Table 2 teaches data that may be collected based on the policy, and such information may be interpreted as at least characteristic information of a terminal participating in data collection that comprises at least location information (e.g., first indication information for indicating an area in which the terminal is located). The measurement information in at least Table 2 may also be interpreted as indicating capabilities required by the terminal; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 4, Ly teaches the limitations of claim 2. Ly further teaches the determining, by the second network-side device based on the data collection request, a target terminal participating in data collection comprises: selecting, by the second network-side device based on the characteristic information of the terminal participating in data collection, at least one candidate terminal matching the characteristic information as the target terminal (The data analytics collection policy is based on the UE transmitting an analytics reporting capability indicator within the registration request to inform the core network 204 that the UE 201 can provide data for analytics purposes to the NWDAF 205. The UE may thus be selected based on such capability information (i.e., characteristic information of the terminal participating in data collection); Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 5, Ly teaches the limitations of claim 1. Ly further teaches after the receiving, by a second network-side device, a data collection request sent by a first network-side device, the method further comprises: sending, by the second network-side device, first feedback information to the first network-side device; wherein the first feedback information is used to indicate at least one of the following: that the second network-side device has received the data collection request; that the second network-side device has accepted the data collection request; or that the second network-side device has rejected the data collection request (The NWDAF is described as receiving the requested data from the UE. Ly thus teaches sending first feedback information to the first network-side device that indicates at least that the second network-side device has received the data collection request; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 6, Ly teaches the limitations of claim 1. Ly further teaches the triggering, by the second network-side device, sending of indication information to the target terminal comprises: in a case that the target terminal is in a non-connected state, triggering, by the second network-side device, a base station to send a paging message to the target terminal, wherein the paging message carries the indication information, and the indication information is used to indicate that the target terminal is paged for data collection; or in a case that the target terminal is in a connected state, sending, by the second network-side device, a dedicated message to the target terminal, wherein the dedicated message carries the indication information (As can be seen in at least step 21 of FIG. 8, the data analytics collection policy is returned to the UE 201 in the Registration Accept message. Ly thus teaches in a case that the target terminal is in a connected state, sending, by the second network-side device, a dedicated message to the target terminal, wherein the dedicated message carries the indication information; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 7, Ly teaches the limitations of claim 1. Ly further teaches after the triggering, by the second network-side device, sending of indication information to the target terminal, the method further comprises: receiving a configuration information acquisition request that is sent by the target terminal based on a first identifier (ID) (As can be seen in at least the description relating to step 21 of Fig. 8B, the AMF 208 may prompt the UE 201 if it wants to provide analytics data for the NWDAF 205 in the Registration Accept message. In step 22, if the UE 201 was prompted by the AMF 208 to enable analytics reporting and the UE 201 accepts, the UE 201 returns the analytics reporting capability indicator to the AMF 208 in the Registration Complete message. Upon receiving the analytics reporting capability indicator, the AMF 208 may trigger the execution of a UE Configuration Update procedure for transparent UE Policy delivery to generate and send the UE 201 the data analytics collection policy; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]); and sending configuration information of data collection to the target terminal, wherein the configuration information of data collection comprises at least one of the following: type of data required to be collected, first identification information indicating purpose of collected data, or configuration of data collection (Upon receiving the analytics reporting capability indicator, the AMF 208 may trigger the execution of a UE Configuration Update procedure for transparent UE Policy delivery to generate and send the UE 201 the data analytics collection policy (which may indicate at least the type of data required to be collected as can be seen in at least Table 2); Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 8, Ly teaches the limitations of claim 7. Ly further teaches the configuration of data collection comprises at least one of the following: period of data collection or period of data reporting (As can be seen in at least Table 2, the configuration may include at least a reporting period; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 9, Ly teaches a data collection method, comprising: receiving, by a target terminal, indication information, wherein the indication information is used to indicate the target terminal to participate in data collection (As can be seen in at least step 21 of FIG. 8, the data analytics collection policy is returned to the UE 201 in the Registration Accept message. Ly thus teaches receiving, by a target terminal, indication information, wherein the indication information is used to indicate the target terminal to participate in data collection; Ly; Figs. 8A-8B; [0123]-[0127]); and performing, by the target terminal, data collection based on the indication information (The UE may perform data collection based on the data analytics collection policy; Ly; Figs. 8A-8B; [0123]-[0127]). Regarding claim 10, Ly teaches the limitations of claim 9. Ly further teaches the performing, by the target terminal, data collection based on the indication information comprises: sending, by the target terminal, a configuration information acquisition request to a first target network-side device based on a first identifier (ID) (The data analytics collection policy is based on the UE transmitting an analytics reporting capability indicator within the registration request to inform the core network 204 that the UE 201 can provide data for analytics purposes to the NWDAF 205. Such a message identifying the UE’s capability may be interpreted as being based on a first ID. Ly thus teaches sending, by the target terminal, a configuration information acquisition request to a first target network-side device based on a first identifier (ID); Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]); acquiring, by the target terminal, configuration information of data collection sent by the first target network-side device (As can be seen in at least step 21 of FIG. 8, the data analytics collection policy is returned to the UE 201 in the Registration Accept message. Ly thus teaches acquiring, by the target terminal, configuration information of data collection sent by the first target network-side device; Ly; Figs. 8A-8B; [0123]-[0127]); and performing, by the target terminal, data collection based on the configuration information of data collection (The UE may perform data collection based on the data analytics collection policy; Ly; Figs. 8A-8B; [0123]-[0127]). Regarding claim 11, Ly teaches the limitations of claim 10. Ly further teaches the sending, by the target terminal, a configuration information acquisition request to a first target network-side device based on a first ID comprises: sending, by the target terminal, the configuration information acquisition request carrying the first ID to the first target network-side device; or sending, by the target terminal, the configuration information acquisition request to the first target network-side device based on a terminal-dedicated channel corresponding to the first ID (The data analytics collection policy is based on the UE transmitting an analytics reporting capability indicator within the registration request to inform the core network 204 that the UE 201 can provide data for analytics purposes to the NWDAF 205. Such a message identifying the UE’s capability may be interpreted as carrying the first ID. Ly thus teaches at least sending, by the target terminal, the configuration information acquisition request carrying the first ID to the first target network-side device; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 12, Ly teaches the limitations of claim 10. Ly further teaches before the sending, by the target terminal, a configuration information acquisition request to a first target network-side device based on a first ID, the method further comprises: in a case that the target terminal is in a non-connected state, establishing, by the target terminal, a connection with the first target network-side device (As can be seen in at least Figs. 8A-8B, the UE may establish a connection with a first target network-side device; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 13, Ly teaches the limitations of claim 10. Ly further teaches the first target network-side device comprises a first network-side device or a second network-side device (A device interpreted as the first target network-side device may also be interpreted as comprising at least a first network-side device; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 14, Ly teaches the limitations of claim 10. Ly further teaches the configuration information of data collection comprises at least one of the following: type of data required to be collected, first identification information indicating purpose of collected data, and configuration of data collection (At least Table 2 describes the configuration of data collection and includes at least the type of data required to be collected; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 15, Ly teaches the limitations of claim 14. Ly further teaches the configuration of data collection comprises at least one of the following: period of data collection and period of data reporting (As can be seen in at least Table 2, the configuration may include at least a reporting period; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 16, Ly teaches the limitations of claim 9. Ly further teaches after the performing, by the target terminal, data collection based on the indication information, the method further comprises: reporting, by the target terminal, a data collection report to a second target network-side device based on a second identifier (ID), wherein the data collection report comprises data collected by the target terminal, and the second target network-side device comprises a first network-side device or a third network-side device associated with the first network-side device (Multiple network side devices (e.g., at least the AFM and the NWDAF) are described as receiving the requested data (i.e., a data collection report) from the UE. The Examiner would also like to note that the claim language appears to allow for the “second target network-side device” to be the same as the first network-side device. At least such a device may also be interpreted as receiving such information based on its identity (i.e., a second identifier (ID)). Ly thus teaches reporting, by the target terminal, a data collection report to a second target network-side device based on a second identifier (ID), wherein the data collection report comprises data collected by the target terminal, and the second target network-side device comprises a first network-side device or a third network-side device associated with the first network-side device; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 17, Ly teaches the limitations of claim 16. Ly further teaches the reporting, by the target terminal, a data collection report to a second target network-side device based on a second ID comprises: reporting, by the target terminal, the data collection report carrying the second ID to the second target network-side device; or sending, by the target terminal, the data collection report to the second target network-side device based on a terminal-dedicated channel corresponding to the second ID (Multiple network side devices (e.g., at least the AFM and the NWDAF) are described as receiving the requested data (i.e., a data collection report) from the UE. The Examiner would also like to note that the claim language appears to allow for the “second target network-side device” to be the same as the first network-side device. At least such a device may also be interpreted as receiving such information based on its identity (i.e., a second identifier (ID)). Ly thus teaches reporting, by the target terminal, the data collection report carrying the second ID to the second target network-side device; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 18, Ly teaches the limitations of claim 9. Ly further teaches the receiving, by a target terminal, indication information comprises: in a case that the target terminal is in a non-connected state, receiving, by the target terminal, a paging message paging the target terminal, wherein the paging message carries the indication information, and the indication information is used to indicate that the target terminal is paged for data collection; or in a case that the target terminal is in a connected state, receiving, by the target terminal, a dedicated message sent by a second network-side device, wherein the dedicated message carries the indication information (As can be seen in at least step 21 of FIG. 8, the data analytics collection policy is returned to the UE 201 in the Registration Accept message. Ly thus teaches in a case that the target terminal is in a connected state, receiving, by the target terminal, a dedicated message sent by a second network-side device, wherein the dedicated message carries the indication information; Ly; Figs. 8A-8B; Table 2; [0123]-[0127], [0136]-[0137]). Regarding claim 20, Ly teaches the limitations of claim 9. Ly further teaches a terminal (User equipment (UE); Ly; Figs. 8A-8B and 18F; [0338]), comprising a processor and a memory (The UE may be comprised of a processor and memory; Ly; 18F-18G; [0278], [0317], [0338], [0348]), wherein the memory stores a program or an instruction executable on the processor, and when the program or the instruction is executed by the processor, the steps of the data collection method according to claim 9 are implemented (Please see the rejection of claim 9 above for a detailed description regarding the teachings of Ly as they pertain to the limitation of claim 9; Ly; Figs. 8A-8B; [0123]-[0127]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC A MYERS whose telephone number is (571)272-0997. The examiner can normally be reached Monday - Friday 10:30am to 7:00pm. 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, Michael Thier can be reached at 5712722832. 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. /ERIC MYERS/Primary Examiner, Art Unit 2474
Read full office action

Prosecution Timeline

Sep 06, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
90%
With Interview (+8.4%)
2y 7m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 510 resolved cases by this examiner. Grant probability derived from career allowance rate.

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