Prosecution Insights
Last updated: July 17, 2026
Application No. 18/829,335

DATA COLLECTION METHOD AND APPARATUS, TERMINAL, AND NETWORK-SIDE DEVICE

Non-Final OA §102
Filed
Sep 10, 2024
Priority
Mar 10, 2022 — CN 202210240735.6 +1 more
Examiner
BROCKMAN, ANGEL T
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
595 granted / 728 resolved
+21.7% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
19 currently pending
Career history
757
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
83.0%
+43.0% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 728 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 . s claimed is: Claim Rejections - 35 USC § 102 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. Claims 1-14 and 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu et al. (WO 2021/228095A1, hereinafter Hu). Regarding claim 1, Hu discloses a data collection request method, comprising: transmitting, by a first network-side device, a first data collection request to a second network-side device(figure 4, ¶[0158], ¶[0162], CN/OAM/EM transmits first configuration information)ta collection request comprises at least one of the following: type indication information, indicating that a request type of the first data collection request is data collection; characteristic information of a terminal participating in data collection (¶[0158]); a type of data that needs to be collected (table 1) ; a configuration for data collection; and identifier information, used for identifying a purpose of collected data (table 1) . Regarding claim 2, Hu discloses, wherein the characteristic information of the terminal comprises at least one of the following: first indication information, indicating an area in which the terminal is located; second indication information, indicating a capability that the terminal needs to have; third indication information, indicating an intention of the terminal to participate in collection of data of a target type; and fourth indication information, indicating a quantity of terminals that need to participate in data collection (table 1, ¶[0163) . Regarding claim 3, Hu discloses, further comprising, after the transmitting, by a first network-side device, a first data collection request to a second network-side device: receiving, by the first network-side device, first feedback information transmitted by the second network-side device, wherein the first feedback information indicates at least one of the following: the first data collection request being successfully received; the first data collection request being accepted; and the first data collection request being rejected. (table 1) l Regarding claim 4, Hu discloses The method according to claim 3, wherein the method further comprises: in a case that the first feedback information indicates that the first data collection request is rejected, after the first network-side device transmits the first data collection request, re-triggering, after waiting for a first preset time period, the transmitting of the first data collection request; in a case that the first feedback information indicates that the first data collection request is rejected, after the first network-side device receives the first feedback information, re-triggering, after waiting for a second preset time period, the transmitting of the first data collection request; or in a case that the first feedback information is not received within a third preset time period after the first data collection request is transmitted, after the first network-side device transmits the first data collection request, re-triggering, after waiting for a first preset time period, the transmitting of the first data collection request. Regarding claim 5, u discloses , after the transmitting, by a first network-side device, a first data collection request to a second network-side device: receiving, by the first network-side device, a data collection report reported by a target terminal, wherein the data collection report comprises data collected by the target terminal. Regarding claim 6, Hu discloses a data collection request method, comprising: receiving, by a second network-side device, a first data collection request transmitted by a first network-side device; transmitting, by the second network-side device, a second data collection request to a target base station based on the first data collection request, wherein information carried in the second data collection request comprises at least one of the following: type indication information, indicating that a request type of the second data collection request is data collection; characteristic information of a terminal participating in data collection; a type of data that needs to be collected; a configuration for data collection; and identifier information, used for identifying a purpose of collected data. (table 1, ¶[0162], figure 4) Regarding claim 7, Hu discloses wherein the characteristic information of the terminal comprises at least one of the following: first indication information, indicating an area in which the terminal is located; second indication information, indicating a capability that the terminal needs to have; third indication information, indicating an intention of the terminal to participate in collection of data of a target type; and fourth indication information, indicating a quantity of terminals that need to participate in data collection (table 1, ¶[0162]). Regarding claim 8, Hu discloses before the transmitting, by the second network-side device, a second data collection request to a target base station based on the first data collection request :determining, by the second network-side device based on the first data collection request, a target base station participating in data collection. (¶[0162]). Regarding claim 9, Hu discloses , after the receiving, by a second network-side device, a first data collection request transmitted by a first network-side device (figure 4,¶[0162]): transmitting, by the second network-side device, first feedback information to the first network-side device, wherein (figure 4, 430, ¶[0162]) the first feedback information indicates at least one of the following: the second network-side device has received the first data collection request, the second network-side device accepts the first data collection request, and the second network-side device rejects the first data collection request; or the method further comprising, after the transmitting, by the second network-side device, a second data collection request to a target base station (figure 4, 430, ¶[0158]): receiving, by the second network-side device, second feedback information transmitted by the target base station (figure 4), wherein the second feedback information indicates at least one of the following: the second data collection request is successfully received, the second data collection request is accepted, and the second data collection request is rejected (table 1) . Regarding claim 10, Hu discloses a data collection notification method, comprising: receiving, by a target base station, a data collection request; and transmitting, by the target base station, configuration information, wherein the configuration information comprises fifth indication information, and the fifth indication information indicates a terminal participating in data collection, wherein information carried in the data collection request comprises at least one of the following: type indication information, indicating that a request type of the data collection request is data collection; characteristic information of a terminal participating in data collection; a type of data that needs to be collected; a configuration for data collection; and identifier information, used for identifying a purpose of collected data (table 1) Regarding claim 11, Hu discloses , wherein the characteristic information of the terminal comprises at least one of the following: first indication information, indicating an area in which the terminal is located; second indication information, indicating a capability that the terminal needs to have; third indication information, indicating an intention of the terminal to participate in collection of data of a target type; and fourth indication information, indicating a quantity of terminals that need to participate in data collection (table 1) Regarding claim 12, Hu discloses, further comprising, after the receiving, by a target base station, a data collection request: transmitting, by the target base station, feedback information to a transmitter of the data collection request, wherein the feedback information indicates at least one of the following: the target base station having received the data collection request; the target base station accepting the data collection request; and the target base station rejecting the data collection request (figure 1). Regarding claim 13, Hu discloses a data collection method, comprising: receiving, by a target terminal, configuration information of data collection transmitted by a target base station, wherein the configuration information comprises fifth indication information, and the fifth indication information indicates a terminal participating in data collection, wherein determining, by the target terminal based on the configuration information, to participate in data collection, and performing data collection (figure 4, table 1) . Regarding claim 13, Hu discloses, wherein the determining, by the target terminal based on the configuration information, to participate in data collection comprises: in a case that the target terminal determines that the fifth indication information matches a property of the target terminal, determining to participate in data collection, wherein the fifth indication information comprises characteristic information of a terminal participating in data collection (table 1). Regarding claim 14, Hu discloses wherein the determining, by the target terminal based on the configuration information, to participate in data collection comprises: in a case that the target terminal determines that the fifth indication information matches a property of the target terminal, determining to participate in data collection, wherein the fifth indication information comprises characteristic information of a terminal participating in data collection (figure 4, table 1). Regarding claim 16, Hu discloses after the performing data collection: reporting, by the target terminal, a data collection report to a network-side device, wherein the data collection report comprises data collected by the target terminal, and the network-side device comprises a first network-side device or a third network-side device associated with the first network-side device (table 1, figure 4). Regarding claim 17, Hu discloses a network-side device, comprising a processor and a memory, wherein the memory stores a program or instructions executable on the processor, and the program or instructions, when being executed by the processor, implement the steps of the data collection request method according to claim 1 (table 1) Regarding claim 18, Hu discloses a network-side device, comprising a processor and a memory, wherein the memory stores a program or instructions executable on the processor, and the program or instructions, when being executed by the processor, implement the steps of the data collection request method according to claim 6 (table 1). Regarding claim 19, Hu discloses a network-side device, comprising a processor and a memory, wherein the memory stores a program or instructions executable on the processor, and the program or instructions, when being executed by the processor, implement the steps of the data collection notification method according to claim 10. (table 1) Regarding claim 20 , Hu discloses a terminal, comprising a processor and a memory, wherein the memory stores a program or instructions executable on the processor, and the program or instructions, when being executed by the processor, implement the steps of the data collection method according to claim 13 (table 1) . Allowable Subject Matter Claim 15 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 ANGEL T BROCKMAN whose telephone number is (571)270-5664. The examiner can normally be reached Monday-Thursday 6:00 AM-4:30 PM. 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, Charles Jiang can be reached at 571-270-7191. 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. /ANGEL T BROCKMAN/Examiner, Art Unit 2412
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Prosecution Timeline

Sep 10, 2024
Application Filed
Jul 01, 2026
Non-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

1-2
Expected OA Rounds
82%
Grant Probability
88%
With Interview (+6.4%)
2y 8m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 728 resolved cases by this examiner. Grant probability derived from career allowance rate.

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