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 Amendment
Claims 21-22 and 24-41 are pending in the application. Claims 21-22, 24-30, 32-33, and 35-40 are currently amended. Claim 23 has been canceled. Claims 41 is new.
Response to Arguments
With regard to Applicant’s remarks dated March 31, 2026:
Regarding the rejection of claims 21-40 under 35 U.S.C. 112(b), Applicant’s amendment and arguments have been fully considered. Applicants submitted at page 9 of the Remarks, as filed, that “independent claims 21 and 35 should not be interpreted under 35 U.S.C. 112(f).” Therefore, the rejection is maintained because it is unclear how configuring is accomplished in the absence of the computer-executable instructions.
Regarding the rejection of claims 21-22, 28, 30, 32-36, and 39-40 under 35 U.S.C. 102(a)(2) and claims 23-27, 29, 31, and 37-38 under 35 U.S.C. 103, Applicant’s amendment and arguments have been fully considered. Applicants argue at page 11 of the Remarks, as filed, that “Hui describes obtaining data (i.e., QoE) metrics associated with an application of a user device, not "at least one input parameter associated with energy usage for edge computing services at a data network," as recited in amended independent claim 21 (emphasis added). Moreover, Hui describes an application in a wireless communications system, not "a data network associated with a data network access identifiers (DNAI)," as recited in amended independent claim 21. As Hui describes the measurement and analysis of QoE of an application, Hui does not show or disclose "derive, for the DNAI, energy data analytics for the data network," and "send, for the DNAI, an energy data analytics output parameter," as recited in amended independent claim 21 (emphasis added).” Examiner agrees to the extent that Hui fails to teach that the user device 102 provides edge computing services at the data network, wherein the data network is associated with a data network access identifier (DNAI). Hui also fails to teach that energy data analytics is derived for other devices in the data network associated with the same DNAI. Therefore, the rejection has been withdrawn. However, new grounds of rejection are made in view of the newly discovered references.
As to any arguments not specifically addressed, they are the same as those discussed above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 21-22 and 24-41 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As to claims 21 and 35, the language “at least one processor coupled with the at least one memory and configured to cause” is ambiguous because it is unclear how “configured” is accomplished in the absence of computer-executable instructions that would normally be stored in memory. In particular, if Applicants intent the processor to be a generic CPU, then the claim is missing computer executable instructions that, when executed by the processor, configure to the apparatus to perform the claimed functions. However, no such instructions are recited in the claim, merely stating that the processor broadly “coupled” to a generic memory element. However, if Applicants intent the processor to be a specifically programmed FPGA or similarly programmed controller (which specification is lacking adequate description for that would comply with 35 U.S.C. 112(a)), it is unclear what purpose serves the memory that is coupled to the processor.
As to claims 21, 35, and 39-40, it is unclear how the steps of “deriving” and “sending” can be “for the DNAI”. As understood, a data network access identifier (DNAI) is a standard way of identifying devices in a network, so while it is possible to derive energy data analytics for a particular device (or a combination of devices) in the network and send an energy data analytics output parameter to a particular device (or a combination of devices) in the network, it is unclear how these the apparatus can interact with an identifier to perform deriving and sending actions. Appropriate correction or explanation is required.
Dependent claims are rejected for the same reasons. Specifically, as to claims 25 and 38, it is still unclear how energy data analytics can correspond to a DNAI. It appears that Applicants meant that the energy data analytics corresponds to network devices associated with the DNAI, not the DNAI itself. Appropriate correction is required.
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.
Claims 21-22, 24-30, and 32-41 are rejected under 35 U.S.C. 103 as being unpatentable over Hui et al. (US Patent 10,146,395 B2) in view of Qiao et al. (US 2025/0211683 A1) and in further view of Sur et al. (US 2022/0361097 A1).
As to claim 21, Hui teaches an apparatus for wireless communication [computing device 102] (Fig. 2), comprising:
at least one memory (Fig. 2); and
at least one processor coupled with the at least one memory and configured to (Fig. 2) cause the apparatus to:
receive at least one input parameter associated with energy usage for a device at a data network [receive an action or occurrence indicating that one or more user interactions have happened on the user device 102] (step 602; col. 13 lines 3-9, Fig. 6);
derive, for an application of the device at the data network, energy data analytics for the data network based at least in part on the at least one input parameter [step 604; obtain data associated with QoE metrics including energy consumption by an application of the user device] (col. 13 lines 10-31); and
send, for the application of the device at the data network, an energy data analytics output parameter based at least in part on the derived energy data analytics, wherein the energy data analytics output parameter comprises an energy usage statistic or energy usage prediction for the data network [transmit the data that includes the one or more QoE metrics to the computing device 110] (step 606; col. 13 lines 32-42).
Hui fails to teach that the user device 102 provides edge computing services at the data network, wherein the data network is associated with a data network access identifier (DNAI). Hui also fails to teach that energy data analytics is derived for other devices in the data network associated with the same DNAI (feature that is not expressly claimed, but implied based on Applicant’s arguments).
Qiao is directed to methods and systems for network slicing charging (abstract). In particular, Qiao teaches deriving energy data analytics for the data network associated with a data network access identifier (DNAI) [identifying an amount of data (claimed “energy”) exchanged with a data network of an application provider identified based on the Data Network Access Identifier] (par. [0046]-[0048], [0051]).
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 method and system of Hui by having one or more of the derived energy data analytics or the energy data analytics output parameter being associated with the one or more data network access identifiers in order to determine how much data was exchanged between an application executing on the user device of Hui and an application server with which the user device of Hui is interacting (par. [0046] in Qiao).
Sur is directed to operating a temporary network of edge computing devices (abstract). In particular, Sur teaches monitoring energy operations of various edge computing devices that are part of the network (par. [0037]).
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 method and system of Hui in view of Qiao by deriving energy data analytics for the edge computing devices providing edge computing services at a data network in order to automatically create, maintain, and disband a community of devices at the edge of a wireless network that provides a service (par. [0011] in Sur).
As to claim 22, Hui teaches that the data network is associated with at least one of a data network name (DNN), a single network slice selection assistance information (S- NSSAI), a network slice instance (NSI), or one or more application servers [Hui teaches that the data network can be LAN, WAN, mobile telephone network and other types of networks, which inherently include at least of the listed identifiers and servers] (col. 2 line 60 to col. 3 line 8).
As to claim 24, Hui teaches all the elements except that the at least one processor is configured to cause the apparatus to receive a request for energy data analytics for the data network.
Qiao is directed to methods and systems for network slicing charging (abstract). In particular, Qiao teaches an apparatus [UPF] receiving a request for energy data analytics for the data network [amount of exchanged data with a data network] (par. [0052]).
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 method and system of Hui by having the user device 102 to receive a request for energy data analytics for the data network in order to determine how much data was exchanged between an application executing on the user device of Hui and an application server with which the user device of Hui is interacting (par. [0046] in Qiao).
As to claims 25 and 38, Hui in view of Qiao teaches that the request is for energy data analytics corresponding to at least one of the DNAI associated with the data network or an area of interest comprising the data network (par. [0046]-[0048] in Qiao).
As to claims 26 and 41, Hui in view of Qiao teaches that the request for the energy data analytics is received from one or more of a network function, a management function, or an application function [request is received from SMF] (par. [0052] in Qiao).
As to claim 27, Hui teaches all the elements except that the at least one processor is configured to cause the apparatus to: identify one or more DNAIs associated with the data network for which the energy data analytics apply; and map the energy data analytics output parameter to the one or more DNAIs.
Qiao is directed to methods and systems for network slicing charging (abstract). In particular, Qiao that the at least one processor is configured to cause the apparatus to: identify one or more DNAIs associated with the data network for which the energy data analytics apply; and map the energy data analytics output parameter to the one or more DNAIs [identifying an amount of data exchanged with a data network of an application provider identified based on the DNAI] (par. [0047]).
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 method and system of Hui by having the at least one processor configured to cause the apparatus to: identify one or more DNAIs associated with the data network for which the energy data analytics apply; and map the energy data analytics output parameter to the one or more DNAIs in order to determine how much data was exchanged between an application executing on the user device of Hui and an application server with which the user device of Hui is interacting (par. [0046] in Qiao).
As to claim 28, Hui teaches that the at least one processor is configured to cause the apparatus to generate energy data for the data network based at least in part on the at least one input parameter, wherein the energy data is used as an input for deriving the energy data analytics [energy consumption analysis] (col. 5 line 48 to col. 6 line 6).
As to claim 29, Hui teaches all the elements except that the at least one processor is configured to cause the apparatus to: obtain one or more application traffic parameters, including to: request one or more application servers to provide the one or more application traffic parameters; and receive, from the one or more application servers, the one or more application traffic parameters based at least in part on the request to provide the one or more application traffic parameters.
Qiao is directed to methods and systems for network slicing charging (abstract). In particular, Qiao that the at least one processor is configured to cause the apparatus to: obtain one or more application traffic parameters, including to: request one or more application servers to provide the one or more application traffic parameters; and receive, from the one or more application servers, the one or more application traffic parameters based at least in part on the request to provide the one or more application traffic parameters [identifying an amount of data exchanged with a data network of an application provider identified based on the DNAI] (par. [0047]).
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 method and system of Hui by having the at least one processor is configured to cause the apparatus to: obtain one or more application traffic parameters, including to: request one or more application servers to provide the one or more application traffic parameters; and receive, from the one or more application servers, the one or more application traffic parameters based at least in part on the request to provide the one or more application traffic parameters in order to determine how much data was exchanged between an application executing on the user device of Hui and an application server with which the user device of Hui is interacting (par. [0046] in Qiao).
As to claim 30, Hui teaches that the at least one input parameter associated with the energy usage comprises at least one of:
energy usage measurements for the data network;
energy usage analytics for a managed element from an operations, administration and management/maintenance (OAM);
resource usage or load measurements from one or more user plane functions (UPF);
data analytics on UPF resource usage and/or load from a network data analytics function (NWDAF) or the OAM;
energy usage measurements for a managed element from the OAM;
energy or resource usage measurements associated with one or more user equipment (UE) within the data network; or
resource usage measurements for one or more application enablement entities within the data network (col. 2 lines 48-59, col. 5 lines 31-53).
As to claim 32, Hui teaches that sending the energy data analytics output parameter triggers, for one or more applications using the data network, one or more of a DNAI change, a user plane function (UPF) change, a slice change, a network slice instance change, a network slice subnet instance change, an application quality of service (QoS) requirement change, or a network QoS parameter change [perform root-cause analysis to change a video frame rate, change an audio bitrate, change image resolution, turn on or off adaptive bitrate streaming, increase or decrease the size of a multimedia data buffer, restart one or more communication services or applications of the computing device to clear an application error, etc.] (col. 6 lines 11-43).
As to claim 33, Hui teaches that the at least one input parameter associated with the energy usage is an edge calculated measurement on computational resource usage at the data network [amount of cellular network data consumed by an application] (col. 5 lines 48-53).
As to claim 34, Hui teaches that the apparatus is implemented at one or more of an edge platform or a cloud platform [user device is communicating with the computing device over a network. The claim fails to define either one of the platforms and what “implementing at a platform” entails] (col. 2 line 60 to col. 3 line 8).
As to claim 35, Hui teaches an apparatus for wireless communication [computing device 110] (Figs. 1 and 5), comprising:
at least one memory (Fig. 5); and
at least one processor coupled with the at least one memory and configured to cause (Fig. 5) the apparatus to:
receive an energy data analytics output parameter, for a device at a data network, wherein the energy data analytics are based at least in part on at least one input parameter associated with energy usage for a device at the data network [an action or occurrence indicating that one or more user interactions have happened on the user device 102] (step 602; col. 13 lines 3-9, Fig. 6), and wherein the energy data analytics output parameter comprises an energy usage statistic or energy usage prediction for the data network [receiving data 112 including OeE metric 114 from the user device 102] (col. 2 line 60 to col. 3 line 8); and
perform a network action to reduce the energy usage [perform root-cause analysis to change a video frame rate, change an audio bitrate, change image resolution, turn on or off adaptive bitrate streaming, increase or decrease the size of a multimedia data buffer, restart one or more communication services or applications of the computing device to clear an application error, etc.] (col. 6 lines 11-43).
Hui fails to teach that the user device 102 provides edge computing services at the data network, wherein the data network is associated with a data network access identifier (DNAI). Hui also fails to teach that energy data analytics is derived for other devices in the data network associated with the same DNAI (feature that is not expressly claimed, but implied based on Applicant’s arguments).
Qiao is directed to methods and systems for network slicing charging (abstract). In particular, Qiao teaches deriving energy data analytics for the data network associated with a data network access identifier (DNAI) [identifying an amount of data (claimed “energy”) exchanged with a data network of an application provider identified based on the Data Network Access Identifier] (par. [0046]-[0048], [0051]).
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 method and system of Hui by having one or more of the derived energy data analytics or the energy data analytics output parameter being associated with the one or more data network access identifiers in order to determine how much data was exchanged between an application executing on the user device of Hui and an application server with which the user device of Hui is interacting (par. [0046] in Qiao).
Sur is directed to operating a temporary network of edge computing devices (abstract). In particular, Sur teaches monitoring energy operations of various edge computing devices that are part of the network (par. [0037]).
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 method and system of Hui in view of Qiao by deriving energy data analytics for the edge computing devices providing edge computing services at a data network in order to automatically create, maintain, and disband a community of devices at the edge of a wireless network that provides a service (par. [0011] in Sur).
As to claim 36, Hui teaches that the network action comprises one or more of:
a single or group application migration to a different data network; or
a DNAI change, a user plane function (UPF) change, a slice change, a network slice instance change, a network slice subnet instance change, an application quality of service (QoS) requirement change, a network QoS parameter change, or a combination thereof, for one or more applications using the data network [perform root-cause analysis to change a video frame rate, change an audio bitrate, change image resolution, turn on or off adaptive bitrate streaming, increase or decrease the size of a multimedia data buffer, restart one or more communication services or applications of the computing device to clear an application error, etc.] (col. 6 lines 11-43).
As to claim 37, Hui teaches all the elements except that the at least one processor is configured to cause the apparatus to send a request for the energy data analytics for the data network.
Qiao is directed to methods and systems for network slicing charging (abstract). In particular, Qiao teaches an apparatus [SMF] sending a request for the energy data analytics for the data network [amount of exchanged data with a data network] (par. [0052]).
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 method and system of Hui by having the computing device 110 to send a request for the energy data analytics for the data network in order to determine how much data was exchanged between an application executing on the user device of Hui and an application server with which the user device of Hui is interacting (par. [0046] in Qiao).
As to claim 39, Hui in view of Qiao in view of Sur teaches a method performed by an apparatus, the method comprising steps as discussed above with respect to claim 21.
As to claim 40, Hui in view of Qiao in view of Sur teaches a method performed by an apparatus, the method comprising steps as discussed above with respect to claim 35.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Hui et al. in view of Qiao et al. in view of Sur et al. and in further view of Zhao et al. (US 2023/0397044 A1).
As to claim 31, Hui in view of Qiao and Sur teaches all the elements except that sending the energy data analytics output parameter triggers a single or group application migration to a different data network.
Zhao is directed to data transmission method and apparatus (abstract). In particular, Zhao teaches sending the energy data analytics output parameter triggers a single or group application migration to a different data network [sending congestion parameter information which triggers migration of a service from a first edge application server to the second application server] (par. [0226]-[0227]).
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 method and system of Hui in view of Qiao and Sur by sending the energy data analytics output parameter triggers a single or group application migration to a different data network in order to perform a congestion control to avoid a case in which data sent by a sender fills the entire network (par. [0004] in Zhao).
Related Prior Art
Yao et al. (WO 2022/027014 A1 – cited in the IDS dated 12/26/2024, cite #1) is directed to a wireless network where energy saving is assisted by management data (abstract). In particular, Yao teaches performing Management Data Analytics (MDA) with focus of providing Energy Saving instructions by MDAS producer (pages 4-7), as further explained in the Written Opinion of the International searching authority, cited in the IDS dated 12/26/2024, cite #1. Therefore, teachings of Yao are pertinent to the pending claims and can be used in the rejection.
Han et al. (US 2022/0408293 A1) is directed to providing network analysis information for RFSP index selection in mobile communication network. The goal in Han is to allow the operator to reduce the power consumed by unnecessary base stations or resources (abstract). In particular, Han teaches that PCF 420 may recognize that network analytics information of an NWDAF 430 is necessary in order to determine an RFSP index value. In this case, in the necessity of the PCF 420 for the configuration of an RFSP Index value, the PCF 420 may be configured to always receive analytics information from the NWDAF 430 according to an internal policy. Optionally, in order to process a case where known usage information of a terminal is not present or a case where a specific slice is in a congested situation, analytics information of a terminal may be requested from the NWDAF 430. Additionally, an operator may request, from the NWDAF 430, service usage analytics information of a terminal as a part of the application of a policy, such as the optimization of network energy, the maximization of network performance, or the maximization of consumer service experiences, to the PCF 420 according to an internal policy (par. [0074]). Therefore, teachings of Han are also pertinent to the pending claims and can be used in the rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/OLEG SURVILLO/Primary Examiner, Art Unit 2457
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