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 .
1. This is in response to communication filed on 7/24/26 in which claims 1-15 are pending.
Response to Arguments
2. Applicant's arguments filed 7/24/26 have been fully considered but they are not persuasive. Applicant’s representative argues that “As Yeh does not teach or suggest transmitting, to an edge enabler server (EES), a request message for edge application server (EAS) discovery failure performance measurement, it follows that Yeh also fails to teach or suggest "receiving, from the EES, a response message including at least one parameter associated with the EAS discovery failure performance measurement,". However, Yeh clearly teaches “the edge compute node(s) 1536 may request the measurements from the NANs (See paragraph [0211]) and “the NANs 1531-1533 may provide the measurements to the edge compute node(s)” (See paragraph [0211]). Furthermore, Yeh teaches wherein measurements include failed connections, setups and setup (See paragraph [0210]).
Furthermore, Applicant’s representative fails to teach “determining whether an instantiation of the EAS is needed or not based on the at least one parameter”. However, Yeh et al teaches wherein “obtaining or receiving may involving instantiating, enabling, or controlling the ability to obtain or receive the stream of packets (or the following parameters and templates or template values).” (See paragraph [0360]).
In response to applicants’ argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., this disclosure in Yeh is merely a static architectural definition stating what the REE can be or how it is structurally implemented. Yeh does not teach a dynamic, conditional operational step where an entity actively performs instantiation of an EAS in response to a determination that discovery failures have exceeded an acceptable threshold) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 102
3. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2022/0109622 to Yeh et al.
a. As per claim 1, Yeh et al teaches a method performed by a service provider (SP) in an edge network, the method comprising: transmitting, to an edge enabler server (EES), a first request message for edge application server (EAS) discovery failure performance measurement (See paragraph [0209-0210, 0213], The collection of data may be based on occurrence of events that trigger collection of the data); receiving, from the EES, a response message including at least one parameter associated with the EAS discovery failure performance measurement (See paragraph [0209-0210], number of PDU sessions failed to setup…successful, and/or failed handover executions; mean and/or maximum time of requested handover executions; number of successful and/or failed handover executions per beam pair…number of QoS flows failed to setup ); determining whether an instantiation of the EAS is needed or not based on the at least one parameter (See paragraph [0023, 0058, 0034, 0336, 0342], the REE 242/MA-TM 246 computes an NC and traffic distribution scheme that fulfills the reliability target E. Sections 2 and/or 3 (infra) provide algorithms that calculate optimal code rates and packet distribution strategies for encoding k incoming data packets to achieve a given reliability target E); and in case that the instantiation of the EAS is needed, transmitting to a provisions management service (MnS) producer (See paragraph [0081 0210, 0218]), a second request message for the instantiation of the EAS (See paragraph [0342], the REE is implemented as an Edge Application Servers (EAS) configured to be operated by the EES or the ECS).
b. As per claim 6, Yeh et al teaches a service provider (SP) in an edge network (See paragraph [0202]), the SP comprising: a memory; and a processor configured (See paragraph [0223]) to: transmit, to an edge enabler server (EES), a first request message for edge application server (EAS) discovery failure performance measurement (See paragraph [0209-0210, 0213], The collection of data may be based on occurrence of events that trigger collection of the data), receive, from the EES, a response message including at least one parameter associated with the EAS discovery failure performance measurement (See paragraph [0209-0210], number of PDU sessions failed to setup…successful, and/or failed handover executions; mean and/or maximum time of requested handover executions; number of successful and/or failed handover executions per beam pair…number of QoS flows failed to setup ); determine whether an instantiation of the EAS is needed or not based on the at least one parameter (See paragraph [0023, 0058, 0034, 0336, 0342], the REE 242/MA-TM 246 computes an NC and traffic distribution scheme that fulfills the reliability target E. Sections 2 and/or 3 (infra) provide algorithms that calculate optimal code rates and packet distribution strategies for encoding k incoming data packets to achieve a given reliability target E); and in case that the instantiation of the EAS is needed, transmit, to a provisioning management service (MnS) producer, (See paragraph [0081, 0210 and 0218]) a second request message for the instantiation of the EAS (See paragraph [0342], the REE is implemented as an Edge Application Servers (EAS) configured to be operated by the EES or the ECS).
c. As per claim 11, Yeh et al teaches a method performed by an edge enabler server (EES) in an edge network, the method comprising: performing edge application server (EAS) discovery (See paragraph [0443], Edge Application Server); receiving, from a service provider (SP), a first request message for EAS discovery failure performance measurement (See paragraph [0209-0210, 0213], The collection of data may be based on occurrence of events that trigger collection of the data); and transmitting, to the SP, a response message including at least one parameter associated with the EAS discovery failure performance measurement (See paragraph [0209-0210], number of PDU sessions failed to setup…successful, and/or failed handover executions; mean and/or maximum time of requested handover executions; number of successful and/or failed handover executions per beam pair…number of QoS flows failed to setup ).
d. As per claim 14, Yeh et al teaches an edge enabler server (EES) in an edge network, the EES comprising: a memory (See paragraph [0194]); and a processor configured (See paragraph [0194]) to: perform edge application server (EAS) discovery (See paragraph [0443], Edge Application Server), receive, from a service provider (SP), a first request message for EAS discovery failure performance measurement (See paragraph [0209-0210, 0213], The collection of data may be based on occurrence of events that trigger collection of the data) , and transmit, to the SP, a response message including at least one parameter associated with the EAS discovery failure performance measurement (See paragraph [0209-0210], number of PDU sessions failed to setup…successful, and/or failed handover executions; mean and/or maximum time of requested handover executions; number of successful and/or failed handover executions per beam pair…number of QoS flows failed to setup ).
e. As per claims 2, 7 and 12, Yeh et al teaches the claimed invention as described above. Furthermore, Yeh et al teaches wherein the at least one parameter includes subcounter of a user equipment (UE) location (See paragraph [0040], location configuration information).
f. As per claims 3 and 8, Yeh et al teaches the claimed invention as described above. Furthermore, Yeh et al teaches wherein the at least one parameter includes a number of EAS discovery failures (See paragraph [0209-0210], number of requested, successful, and/or failed handover executions… number of requested, successful, and/or failed handover executions… ).
g. As per claims 4, 9, 13 and 15, Yeh et al teaches the claimed invention as described above. Furthermore, Yeh et al teaches wherein the number of EAS discovery failures is incremented on transmission of an EAS discovery response indicating an EAS discovery failure (See paragraph [0209]).
h. As per claims 5 and 10, The method of claim 1, wherein the at least one parameter includes DIS.EasDisFail.Filter, wherein the DIS.EasDisFail.Filter is associated with an EAS discovery filter (See paragraph [0037]).
Conclusion
5. 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.
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art on record fails to teach an apparatus, method and computer to obtain data associated with network slice isolation performance and generating analytics information based on the data.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJENANE BAYARD whose telephone number is (571)272-3878. The examiner can normally be reached 9-5.
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, John Follansbee can be reached at (571)272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DJENANE M BAYARD/Primary Examiner, Art Unit 2444
