Prosecution Insights
Last updated: October 26, 2026
Application No. 18/895,442

METHOD FOR NEGOTIATING UNAVAILABILITY PERIOD OF TERMINAL, TERMINAL, AND NETWORK-SIDE DEVICE

Non-Final OA §102§103
Filed
Sep 25, 2024
Priority
Mar 25, 2022 — CN 202210307869.5 +2 more
Examiner
ADHAMI, MOHAMMAD SAJID
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
4y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
509 granted / 701 resolved
+14.6% vs TC avg
Strong +29% interview lift
Without
With
+28.6%
Interview Lift
resolved cases with interview
Typical timeline
6y 4m
Avg Prosecution
25 currently pending
Career history
745
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 701 resolved cases

Office Action

§102 §103
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) 1-8,16, and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kumar (US 20230012328). Re claim 1: Kumar discloses a method for negotiating an unavailability period of a terminal, comprising: determining first information by the terminal, wherein the first information comprises unavailability time window information of the terminal, and the unavailability time window information indicates time during which the terminal is unable to connect to a network (Para.[0104] The UE (100) may indicate that it wants to remain unavailable to the core network (200b) like AMF (200c), PCF (200f), UDM any other network function (NF) or any new NF. Additionally, the UE (100) may indicate the user preference i.e. for example the time (i.e. duration) it is planning to go unavailable for example to execute events like upgrades. The UE (100) may also provide “unavailability configuration data” indicating its preference, including its future geographical area i.e. the assumed geographical area UE (100) will be in the future.); and transmitting the first information by the terminal to a network-side device, wherein the first information is for determining a control policy of an application of the terminal (Para.[0104] The UE (100) may indicate that it wants to remain unavailable to the core network (200b) like AMF (200c), PCF (200f), UDM any other network function (NF) or any new NF. Additionally, the UE (100) may indicate the user preference i.e. for example the time (i.e. duration) it is planning to go unavailable for example to execute events like upgrades and Para. [0122] “Unavailability configuration data” is provided by per application, in case of clash of parameters in the “unavailability configuration data” between multiple application functions, based on operator policy or agreement with the application function, a single “unavailability configuration data” is provided to the UE by the 5GC). Re claim 2: Kumar discloses the method according to claim 1, wherein the transmitting the first information by the terminal to a network-side device comprises at least one of the following: transmitting the first information to a Data Collection Application Function; transmitting the first information to an Access and Mobility Management Function; transmitting the first information to a User Plane Function; transmitting the first information to an Application Function; transmitting the first information to a Network Data Analytics Function; or transmitting the first information to a unified data repository (Para.[0104] The UE (100) may indicate that it wants to remain unavailable to the core network (200b) like AMF (200c), PCF (200f), UDM any other network function (NF) or any new NF). Re claim 3: Kumar discloses the method according to claim 2, wherein the transmitting the first information to a Network Data Analytics Function comprises: transmitting the first information to the Network Data Analytics Function through the Data Collection Application Function (Claim 3 further limits an alternative of claim 2. Since Kumar discloses AMF, the limitations of claim 3 have been met and Para.[0090] In an embodiment, the PCF (200f) here is taken as an example it may be any other new Network function (NF) or existing NF like UDM, UDR, NSSF etc). Re claim 4: Kumar discloses the method according to claim 2, wherein the transmitting the first information to a unified data repository comprises one of the following: transmitting the first information to the unified data repository through the Access and Mobility Management Function; transmitting the first information to the unified data repository through the User Plane Function; and transmitting the first information to the unified data repository through the Application Function (Claim 4 further limits an alternative of claim 2. Since Kumar discloses AMF, the limitations of claim 4 have been met and Para.[0090] In an embodiment, the PCF (200f) here is taken as an example it may be any other new Network function (NF) or existing NF like UDM, UDR, NSSF etc). Re claim 5: Kumar discloses the method according to claim 1, wherein the determining first information by the terminal comprises: determining the first information by the terminal based on at least one of the following: terminal logic, a user preference setting, or interaction information with an Application Function (Para.[0104] The UE (100) may indicate that it wants to remain unavailable to the core network (200b) like AMF (200c), PCF (200f), UDM any other network function (NF) or any new NF. Additionally, the UE (100) may indicate the user preference i.e. for example the time (i.e. duration) it is planning to go unavailable for example to execute events like upgrades.). Re claim 6: Kumar discloses the method according to claim 1, wherein the unavailability time window information comprises at least one of the following: a start time point at which the terminal is unable to connect to the network and duration in which the terminal is unable to connect to the network; a start time point at which the terminal is unable to connect to the network and an end time point at which the terminal is unable to connect to the network; or identification information of the terminal corresponding to the unavailability time window information (Para.[0111] Timer i.e. Duration: Time in minutes/seconds/hours the UE (100) should/will remain unavailable only for duration indicated. For example, the duration starts after the start time indicated in the configuration or after the unavailable accept indication is received by the UE or the moment UE indicates to the network). Re claim 7: Kumar discloses the method according to claim 1, wherein the method further comprises: receiving second information from the Application Function, wherein the second information comprises recommended time window information for service occurrence, and the recommended time window information for service occurrence is determined based on the first information (Para. [0128] If there is a clash between user preference on the UE (100) and network provided configuration for e.g., user indicates to perform unavailability operation (like OS upgrade) at 10 in the night but the configuration indicates to perform 12 in the night. UE (100) should renegotiate the “unavailability configuration data” with the network, in this case UE (100) will indicate the user preference. CN may propagate this to the AF. AF/CN may indicate the “unavailability configuration data” after taking the user preference into account, UE (100) can become unavailable based on the received “unavailability configuration data” without considering clash conditions or if clash persists it may indicate to the user and decide to perform unavailability operation based on the user input or received “unavailability configuration data”). Re claim 8: Kumar discloses a method for negotiating an unavailability period of a terminal, comprising: obtaining first information by a Policy Control Function, wherein the first information comprises unavailability time window information of the terminal (Para. [0083] Further, the AF (200a) should be able to configure in the PCF (200f) through the NEF (200g) (for untrusted case) and directly in the PCF (200f) (For trusted case), “unavailability configuration data” as below:), and the unavailability time window information of the terminal indicates time during which the terminal is unable to connect to a network (Para.[0084] UE's allowed “unavailability time” like time of the day, day of the week, day of the month or any other date. It may also be represented in the form of Start time and End time); and determining a control policy of an application of the terminal by the Policy Control Function based on the first information (Para. [0091] The UE (100) should perform OS upgrades or any other procedure which requires it to become unavailable with the network during the allowed time as configured in “unavailability configuration data” and Para. [0128] If there is a clash between user preference on the UE (100) and network provided configuration for e.g., user indicates to perform unavailability operation (like OS upgrade) at 10 in the night but the configuration indicates to perform 12 in the night. UE (100) should renegotiate the “unavailability configuration data” with the network, in this case UE (100) will indicate the user preference. CN may propagate this to the AF. AF/CN may indicate the “unavailability configuration data” after taking the user preference into account, UE (100) can become unavailable based on the received “unavailability configuration data” without considering clash conditions or if clash persists it may indicate to the user and decide to perform unavailability operation based on the user input or received “unavailability configuration data”). Re claim 16: Claim 16 is rejected on the same grounds of rejection set forth in claim 6. Re claim 17: Kumar discloses the method according to claim 8, wherein the control policy comprises at least one of the following: a reboot parameter, wherein the reboot parameter indicates whether the control policy is a service that causes a terminal reboot; recommended time window information for service occurrence or recommended time window information for data transmission; an index of a charging rate; a maximum bandwidth; or identification information of the terminal (Para. [0020] In an embodiment, the at least one event which makes the UE to become unavailable i.e. enter no service or limited service (the events listed here should be considered only as an example there can be other events in which UE may determine that it will enter into no service or limited service or will have to switch off/power down) is at least one of a silent reset at a modem of the UE, a security patch updates at the UE, an Operating System (OS) upgrade at the UE, a modem software update at the UE, a UE reboot upon modem setting changes via Open Mobile Alliance (OMA) Device Management (DM), and the network apparatus initiated Detach Request with “Re-Attach Required”, Discontinuous coverage of the UEs for e.g. when the UE is in the satellite access or satellite next generation radio access network (NG-RAN). When UE is about to enter discontinuous coverage due to which the UE will remain in no service in the satellite NG-RAN of the current serving PLMN. The UE with analytic information or some learning model knows UE will enter into no service or limited service.). Claim Rejections - 35 USC § 103 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 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. Claim(s) 9-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumar (US 20230012328) in view of Xin (US 20230040486). Re claim 9: As discussed above, Kumar meets all the limitations of the parent claim. Kumar does not explicitly disclose the method according to claim 8, wherein the obtaining first information by a Policy Control Function comprises one of the following: obtaining the first information by the Policy Control Function from a Network Data Analytics Function; obtaining the first information by the Policy Control Function from a unified data repository; obtaining the first information by the Policy Control Function from a Mobility Management Function; and obtaining the first information by the Policy Control Function from a Session Management Function. Xin discloses the method according to claim 8, wherein the obtaining first information by a Policy Control Function comprises one of the following: obtaining the first information by the Policy Control Function from a Network Data Analytics Function; obtaining the first information by the Policy Control Function from a unified data repository; obtaining the first information by the Policy Control Function from a Mobility Management Function; and obtaining the first information by the Policy Control Function from a Session Management Function (Para. [0330] The PCF network element triggers a data management query request (Nudr_DM_Query Request) service operation to the UDR network element. Correspondingly, the UDR network element receives the Nudr_DM_Query request service operation from the PCF network element. The Nudr_DM_Query request service is for requesting the background data transfer policy corresponding to the ASP ID. For example, the Nudr_DM_Query request service carries an ASP identifier from the AF network element. Then, the UDR network element sends a data management query response (Nudr_DM_Query Response) service to the PCF network element. Correspondingly, the PCF network element receives the data management query response from the UDR network element.). Kumar and Xin are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumar to include obtaining policy information from a UDR as taught by Xin in order to accurately formulate policies (Xin Para.[0006]). Re claim 10: Kumar discloses the method according to claim 9, wherein the obtaining the first information by the Policy Control Function from a Network Data Analytics Function comprises: transmitting a first request message by the Policy Control Function to the Network Data Analytics Function, wherein the first request message comprises identification information of the terminal; and receiving a first request response message by the Policy Control Function from the Network Data Analytics Function, wherein the first request response message comprises the unavailability time window information or availability time window information of the terminal identified by the identification information (Claim 10 further limits an alternative of claim 9. Since Kumar in view of Xin discloses UDR, the limitations of claim 10 have been met). Re claim 11: As discussed above, Kumar meets all the limitations of the parent claim. Kumar discloses the method according to claim 9, wherein the obtaining the first information by the Policy Control Function (Para.[0083] [0083] Further, the AF (200a) should be able to configure in the PCF (200f) through the NEF (200g) (for untrusted case) and directly in the PCF (200f) (For trusted case), “unavailability configuration data” as below: and Para. [0090] In an embodiment, the PCF (200f) here is taken as an example it may be any other new Network function (NF) or existing NF like UDM, UDR, NSSF etc.). Kumar does not explicitly disclose the method according to claim 9, wherein the obtaining the first information by the Policy Control Function from a unified data repository comprises: transmitting a first request message by the Policy Control Function to the unified data repository, wherein the first request message comprises identification information of the terminal; and receiving a first request response message by the Policy Control Function from the unified data repository. Xin discloses the method according to claim 9, wherein the obtaining the first information by the Policy Control Function from a unified data repository comprises: transmitting a first request message by the Policy Control Function to the unified data repository, wherein the first request message comprises identification information of the terminal; and receiving a first request response message by the Policy Control Function from the unified data repository (Para. [0330] The PCF network element triggers a data management query request (Nudr_DM_Query Request) service operation to the UDR network element. Correspondingly, the UDR network element receives the Nudr_DM_Query request service operation from the PCF network element. The Nudr_DM_Query request service is for requesting the background data transfer policy corresponding to the ASP ID. For example, the Nudr_DM_Query request service carries an ASP identifier from the AF network element. Then, the UDR network element sends a data management query response (Nudr_DM_Query Response) service to the PCF network element. Correspondingly, the PCF network element receives the data management query response from the UDR network element and Para. [0267] In a possible implementation, the second request may further include one or more of the following information in the first area: a quantity of terminals, an amount of data transmitted by each terminal, an identifier of the requesting device, and a group identifier of the terminal.). Kumar and Xin are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumar to include obtaining policy information from a UDR as taught by Xin in order to accurately formulate policies (Xin Para.[0006]). Re claim 12: Kumar discloses the method according to claim 10, wherein the first request message further comprises: unavailability time window indication information, wherein the unavailability time window indication information indicates querying the unavailability time window information of the terminal (Claim 12 further limits an alternative of claim 9. Since Kumar in view of Xin discloses UDR, the limitations of claim 12 have been met). Re claim 13: As discussed above, Kumar meets all the limitations of the parent claims. Kumar discloses the method according to claim 8, wherein the determining a control policy of an application of the terminal by the Policy Control Function based on the first information comprises: obtaining a first control policy of the terminal, wherein the first control policy is a control policy that conflicts with the unavailability time window information of the terminal; and adjusting recommended time window information for service occurrence in the first control policy based on the unavailability time window information of the terminal, and generating update information of the first control policy, wherein the update information of the first control policy comprises adjusted recommended time window information for service occurrence and identification information of the first control policy; and the method further comprises (Para. [0128] If there is a clash between user preference on the UE (100) and network provided configuration for e.g., user indicates to perform unavailability operation (like OS upgrade) at 10 in the night but the configuration indicates to perform 12 in the night. UE (100) should renegotiate the “unavailability configuration data” with the network, in this case UE (100) will indicate the user preference. CN may propagate this to the AF. AF/CN may indicate the “unavailability configuration data” after taking the user preference into account, UE (100) can become unavailable based on the received “unavailability configuration data” without considering clash conditions or if clash persists it may indicate to the user and decide to perform unavailability operation based on the user input or received “unavailability configuration data”): Kumar does not explicitly disclose transmitting the update information of the first control policy to an Application Function related to the first control policy. Xin discloses transmitting the update information of the first control policy to an Application Function related to the first control policy (Para. [0392] Step 817. The PCF network element sends the one or more updated BDT policies for the first subarea and time information to the AF network element). Kumar and Xin are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumar to include updating an AF as taught by Xin in order to accurately formulate policies (Xin Para.[0006]). Re claim 14: As discussed above, Kumar in view of Xin meets all the limitations of the parent claims. Kumar does not explicitly disclose the method according to claim 13, wherein the obtaining a first control policy of the terminal comprises: obtaining the first control policy of the terminal from a unified data repository. Xin discloses the method according to claim 13, wherein the obtaining a first control policy of the terminal comprises: obtaining the first control policy of the terminal from a unified data repository (Para. [0330] The PCF network element triggers a data management query request (Nudr_DM_Query Request) service operation to the UDR network element. Correspondingly, the UDR network element receives the Nudr_DM_Query request service operation from the PCF network element. The Nudr_DM_Query request service is for requesting the background data transfer policy corresponding to the ASP ID. For example, the Nudr_DM_Query request service carries an ASP identifier from the AF network element. Then, the UDR network element sends a data management query response (Nudr_DM_Query Response) service to the PCF network element. Correspondingly, the PCF network element receives the data management query response from the UDR network element). Kumar and Xin are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumar to include receiving from a UDR as taught by Xin in order to accurately formulate policies (Xin Para.[0006]). Re claim 15: Kumar discloses the method according to claim 13, wherein the transmitting the update information of the first control policy to an Application Function related to the first control policy comprises: transmitting the update information of the first control policy to the Application Function through a Network Exposure Function (Para. [0083] Further, the AF (200a) should be able to configure in the PCF (200f) through the NEF (200g) (for untrusted case) and directly in the PCF (200f) (For trusted case), “unavailability configuration data” as below:). Re claim 18: Kumar discloses a method for negotiating an unavailability period of a terminal, comprising: obtaining first information by a unified data repository, wherein the first information comprises unavailability time window information of the terminal (Para. [0083] Further, the AF (200a) should be able to configure in the PCF (200f) through the NEF (200g) (for untrusted case) and directly in the PCF (200f) (For trusted case), “unavailability configuration data” as below: and Para.[0090] In an embodiment, the PCF (200f) here is taken as an example it may be any other new Network function (NF) or existing NF like UDM, UDR, NSSF etc.), and the unavailability time window information of the terminal indicates time during which the terminal is unable to connect to a network (Para.[0084] UE's allowed “unavailability time” like time of the day, day of the week, day of the month or any other date. It may also be represented in the form of Start time and End time); and Kumar does not explicitly disclose transmitting the first information by the unified data repository to a Policy Control Function, wherein the first information is for determining a control policy of an application of the terminal. Xin discloses transmitting the first information by the unified data repository to a Policy Control Function, wherein the first information is for determining a control policy of an application of the terminal (Para. [0330] The PCF network element triggers a data management query request (Nudr_DM_Query Request) service operation to the UDR network element. Correspondingly, the UDR network element receives the Nudr_DM_Query request service operation from the PCF network element. The Nudr_DM_Query request service is for requesting the background data transfer policy corresponding to the ASP ID. For example, the Nudr_DM_Query request service carries an ASP identifier from the AF network element. Then, the UDR network element sends a data management query response (Nudr_DM_Query Response) service to the PCF network element. Correspondingly, the PCF network element receives the data management query response from the UDR network element). Kumar and Xin are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumar to include transmitting from a UDR as taught by Xin in order to accurately formulate policies (Xin Para.[0006]). Re claim 19: Kumar discloses the method according to claim 18, wherein the obtaining first information by a unified data repository comprises at least one of the following: obtaining the first information from an Access and Mobility Management Function; obtaining the first information from a Session Management Function; or obtaining the first information from an Application Function (Para. [0083] Further, the AF (200a) should be able to configure in the PCF (200f) through the NEF (200g) (for untrusted case) and directly in the PCF (200f) (For trusted case), “unavailability configuration data” as below: and Para. [0090] In an embodiment, the PCF (200f) here is taken as an example it may be any other new Network function (NF) or existing NF like UDM, UDR, NSSF etc.). Re claim 20: Claim 20 is rejected on the same grounds of rejection set forth in claim 11 from the perspective of the UDR. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Starsinic (US 20250031171) shows a WTRU sending information about when it will be unavailable. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD SAJID ADHAMI whose telephone number is (571)272-8615. The examiner can normally be reached 8:30-5:00 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, Sujoy Kundu can be reached at (571) 272-8586. 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. /MOHAMMAD S ADHAMI/Primary Examiner, Art Unit 2471
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Prosecution Timeline

Sep 25, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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1-2
Expected OA Rounds
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Grant Probability
99%
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6y 4m (~4y 3m remaining)
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