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 .
DETAILED ACTION
2. This action is in response to the amendment filed May 22, 2026.
3. Claims 1, 5, 6, 8, 11, 14, 18, and 19 have been amended.
4. Claims 1-20 have been examined and are pending with this action.
5. The Information Disclosure Statement filed March 5, 2026 has been considered.
Response to Arguments
6. Applicant's arguments filed May 22, 2026 with respect to the rejection(s) of claim(s) 1-5, 7-18, and 20, previously rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kotaru et al. (US 2023/0090021 A1) have been fully considered are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bor-Yaliniz et al. (2020/0044943 A1), herein referenced Bor-Yaliniz.
For the reasons above and the rejections set forth below, claims 1-20 have been rejected and remain pending.
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)(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.
(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.
7. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bor-Yaliniz et al. (2020/0044943 A1).
INDEPENDENT:
As per claim 1, Bor-Yaliniz teaches a method for wireless communication, comprising:
receiving, by a network server implemented as a slice orchestrator, a message from a user device that is configured to operate using an instance of a network slice, wherein the network slice is associated with one or more network characteristics for an application, wherein the message comprises feedback information indicating a quality of the network slice (see Bor-Yaliniz, [0053]: “Real-time network monitoring can be used to provide feedback for adjusting network resource allocations in order to support efficient network resource utilization. To support this, a network should be able to monitor and evaluate the performance of the network.”; [0056]: “The functions of Network/Slice Management 100 may include: managing the fault, configuration, accounting, performance, and security, (FCAPS) of the relevant network/slice (refer to operations of existing 5G network management and orchestration infrastructure); configuring CSM 110 with monitoring policies; creating/modifying/terminating monitoring job; receiving reports/alarms from the CSM 110; and reacting to the reports/alarms.”; [0103]: “For example, if delivery of services is deficient relative to a service level agreement, the performance may be deemed deficient from a customer service point of view. An example service level metric is a number (e.g. proportion or percentage) of satisfied users, where a user is satisfied if the user's QoE or QoS requirements (completely or partially) are met as indicated in the agreement between the communication service provider and that user.”; [0130]: “There can be various charging strategies that are applicable to UEs, slice instances, or network elements. Charging strategies may include: per usage, quota based, online, offline. Examples of per usage may include: static and feedback (cooperate with user). Examples of quota based may include: static, active (based on network load/remaining resources), and feedback (cooperate with user).”; and [0264]: “PolicyMonitoring can also include the threshold values, e.g., percentage or number of users not satisfying the performance criteria in (a), percentage or number of time a violation is observed, percentage or number of users remaining in the restriction area (if the slice is covering several restriction areas) and so on. Alternatively, the threshold values in (b) can be set up during initial configuration in Step-1 by NSC, NSM or SONAC.”);
determining, by the slice orchestrator, a difference between actual slice performance and expected slice performance based on the feedback information indicating the quality of the network slice, wherein the difference between the actual slice performance and the expected slice performance is based on at least one of a frame loss, a throughput value, a jitter value, a packet loss, or a latency value being different from an expected value for the network slice (see Bor-Yaliniz, [0053]: “To ensure desired operation of a network/slice service, a network should be able to provide enough and appropriate resources for the actual or expected network traffic demand.”; [0057]: “The data providers may include: databases (DB) where related data may be stored; data analytical management (DAM) functions that are responsible for collecting data, such as latency, packet drop rate, virtual resource usage, link usage, requested by monitoring entities; and operations, administration and management (OAM) systems that are used to monitor the network performance.”; [0072]: “For the purpose of assuring the performance and service, CSM offers several services. For example, Service 1, Real-time QoS monitoring functionality, may be provided. This service provides for monitoring of QoS metrics in the network slice. This service may include: traffic flow QoS related data collection; traffic flow experienced QoS analysis based on policies; monitoring the traffic flow QoS enforcement based on policy; traffic flow QoS control notification; and traffic flow QoS data storage. Examples of traffic flow QoS related data collection may include E2E latency, throughput, and data rate… ”; [0103]: “For example, if delivery of services is deficient relative to a service level agreement, the performance may be deemed deficient from a customer service point of view. An example service level metric is a number (e.g. proportion or percentage) of satisfied users, where a user is satisfied if the user's QoE or QoS requirements (completely or partially) are met as indicated in the agreement between the communication service provider and that user. As another example, if excessive resources (relative to an expected baseline) are required to deliver a service, the performance may be deemed deficient from an operational and network management point of view.”; [0170]: “By using the CSM monitoring event reporting interface, the CSM can report the event with associated data to SONAC. The report may include: event triggered time; event duration; event position; differences between threshold and actual performance.”; and page 28, claim 12, “statistical characteristics of network observations deviating from expected characteristics by a characteristic threshold amount”);
isolating the user device into a profile group of user devices having a difference between the actual slide performance and expected slice performance within a threshold degree from one another (see Bor-Yaliniz, [0051]: “Network slices can be isolated from one another, for example in that each network slice is guaranteed a given amount of resources, independent of the operation of other network slices.”; [0071]: “Examples of function 3 may include monitoring for violation of a pre-defined threshold.”; [0097]: “The above-mentioned profiles and specifications can include, for example, one or more of:… exposure (e.g., data exposure, management exposure, monitoring exposure, management capability exposure) and isolation levels (e.g., slice used exclusively for one service or for multiple services); service area; user capacity; user types and priorities; and any other specification that is need to manage (via CSM-Com) and operate (via CSM-Op) the network/slice (instance(s))”; [0116]: “The Network Component Indicator may also indicate a particular device or a group of particular devices, for example a gNB, a base station, a logical link, of the communication network at which monitoring is to be performed.”; [0170]: “By using the CSM monitoring event reporting interface, the CSM can report the event with associated data to SONAC. The report may include: event triggered time; event duration; event position; differences between threshold and actual performance.”; [0264]: “Alternatively, all of the user context parameters can be determined by CSM in Step-3, or additional parameters can be determined in Step-3. PolicyMonitoring can also include the threshold values, e.g., percentage or number of users not satisfying the performance criteria in (a), percentage or number of time a violation is observed, percentage or number of users remaining in the restriction area (if the slice is covering several restriction areas) and so on. Alternatively, the threshold values in (b) can be set up during initial configuration in Step-1 by NSC, NSM or SONAC”; and [0286]: “In step 3505, CSM-COM can send an acknowledgement (KPITransAck( )) or update a database with the conversion results to facilitate future translations. SaveKPITrans( ) message includes NSI/CSI requirements matching the service request, DB ID, and optionally it can include one or more of:… isolation requirements”);
dynamically updating, by the slice orchestrator, configuration information for the network slice to align the actual slice performance with the expected slice performance (see Bor-Yaliniz, [0105]: “when CSM reports 830 the violation to NSM, NSM receives 860 an event report from the CSM. NSM then modifies 865 the network slice. NSM also informs 870 the NSC and CSM with updated slice information (onboarding new specifications). In this way, the CSM monitors for violations, and first prompts the NSC to address the underlying problem.”; [0112]: “The NSM informs 965 the NSC and the CSM regarding the updated slice information (onboarding new specification).”; [0228]: “In step 3010c, CSM/SON and NSC/CP receives the updated slice specification. In step 3010d, NSM/NSMSP updates the monitoring jobs, if needed. In step 3010e, CSM/SON or NSM/NSMSP updates the operation policies for CP NFs, such as NWDAF, SMF, AMF, NSSF and PCF, if needed. In alternative embodiments, instead of (or in addition to) modification of NSI(s), NSSI(s), NF(s), network segments, network links etc. can be modified.”; and [0247]: “Further according to step 3204, all CSI and NSI specification updates are sent to CSM and NSC. If needed, csmJobModificationRequest( ) is also sent be CSMSP and NSMSP. Note that, the contents of both modification requests are limited by the capabilities of CSMSP and NSMSP. For instance, CSMSP can update CSI monitoring threshold criteria, e.g., percentage of satisfied UEs from of a tenant.”);
determining that the actual slice performance of the network slice is aligned and the expected slide performance (see Bor-Yaliniz, [0105]: “NSM receives 860 an event report from the CSM. NSM then modifies 865 the network slice. NSM also informs 870 the NSC and CSM with updated slice information (onboarding new specifications). In this way, the CSM monitors for violations, and first prompts the NSC to address the underlying problem. If the NSC does not adequately address the underlying problem and the violations persist, the CSM detects this via repeated violations and escalates the reporting to the NSM.”; [0222]: “The service requirements include percentage of users satisfied, the bandwidth requirements, service areas, capacity for each geographical area (e.g., in terms of users that can be supported), service type, UE mobility, service latency requirements, policies, reliability requirements (e.g., % time/location availability), priority, required service functions and other service-level requirements.”; and [0231]: “If needed, CSM/SON can update the measurement and analysis jobs based on the new policies, e.g. DAMConfigRequest( )”); and
removing the user device from the profile group based on the determination that the actual slice performance of the network slice is aligned and the expected slide performance (see Bor-Yaliniz, [0051]: “Network slices can be isolated from one another, for example in that each network slice is guaranteed a given amount of resources, independent of the operation of other network slices.”; [0105]: “NSM then modifies 865 the network slice. NSM also informs 870 the NSC and CSM with updated slice information (onboarding new specifications)”; [0228]: “In step 3010e, CSM/SON or NSM/NSMSP updates the operation policies for CP NFs, such as NWDAF, SMF, AMF, NSSF and PCF, if needed. In alternative embodiments, instead of (or in addition to) modification of NSI(s), NSSI(s), NF(s), network segments, network links etc. can be modified.”; [0230]: “In step 3012, in case of modifications on the NSI, e.g. new resources allocated, redundant resources removed, policies updated, CSM/SON receives updated monitoring policies.”; and [0247]: “For instance, CSMSP can update CSI monitoring threshold criteria, e.g., percentage of satisfied UEs from of a tenant.”).
As per claim 8, Bor-Yaliniz teaches a method for wireless communication, comprising:
providing one or more Application Programming Interfaces (API) on a user device that is configured to operating using an instance of a network slice, wherein the network slice is associated with one or more network characteristics for an application (see Bor-Yaliniz, FIG. 1B; [0007]: “The apparatus includes a computer processor, a memory and a network interface. The apparatus is configured to collect performance data indicative of performance of a network slice provided by the communication network. The apparatus is configured to determine, based on the performance data, whether a first trigger condition is satisfied, the first trigger condition indicative of a deficiency in performance of the network slice. The apparatus is configured, in response to the first trigger condition being satisfied, to transmit a first event report to a network slice controller.”; [0064]: “The network slice specification may include some or all of: the slice IDs, NF types, topology, link and NF capacities, service areas, user IDs, user types, tenant IDs, exposure levels, traffic priority and other network slice instance operation policies, and other network slice characteristics that are necessary to operate (device level) and monitor the slice.”; and page 28, claim 12, “statistical characteristics of network observations deviating from expected characteristics by a characteristic threshold amount”);
transmitting, from the user device, a message to a network server implemented as a slice orchestrator, wherein the message comprises feedback information indicating a quality of the network slice (see Claim 1 rejection above);
causing the slice orchestrator to isolate the user device into a profile group of user devices having a difference between the actual slice performance and expected slice performance within a threshold degree from one another (see Claim 1 rejection above);
receiving, by the user device, a dynamic update of configuration information for the network slice according to a difference between actual slice performance and expected slice performance determined based on the feedback information indicating the quality of the network slice, wherein the difference between the actual slide performance and the expected slice performance is based on at least one of a frame loss, a throughput value, a jitter value, a packet loss, or a latency value being different from an expected value for the network slice (see Claim 1 rejection above);
determining that the actual slice performance of the network slice is aligned and the expected slide performance (see Claim 1 rejection above); and
causing the slice orchestrator to remove the user device from the profile group based on the determination that the actual slice performance of the network slice is aligned and the expected slide performance (see Claim 1 rejection above).
As per claim 14, Bor-Yaliniz teaches a wireless communication device implemented as a slice orchestrator (see Bor-Yaliniz, [0309]: “FIG. 36 illustrates an exemplary block diagram of a processing system 3600 that may be used for deploying or instantiating components of the wireless communication network, such as the CSM apparatus, CSM sub-apparatus, etc.”), comprising at least one processor that is configured to cause the wireless communication device to:
receive message from a user device that is configured to operate using an instance of a network slice, wherein the network slice is associated with one or more network characteristics for an application, wherein the message comprises feedback information indicating a quality of the network slice (see Claim 1 rejection above);
determine a difference between actual slice performance and expected slice performance based on the feedback information indicating the quality of the network slice (see Claim 1 rejection above);
wherein the difference between the actual slice performance and the expected slice performance is based on at least one of a frame loss, a throughput value, a jitter value, a packet loss, or a latency value being different from an expected value for the network slice (see Claim 1 rejection above);
isolate the user device into a profile group of user devices having a difference between the actual slide performance and expected slice performance within a threshold degree from one another (see Claim 1 rejection above);
dynamically update configuration information for the network slice to align the actual slice performance with the expected slice performance (see Claim 1 rejection above);
determine that the actual slice performance of the network slice is aligned and the expected slide performance (see Claim 1 rejection above); and
remove the user device from the profile group based on the determination that the actual slice performance of the network slice is aligned and the expected slide performance (see Claim 1 rejection above).
DEPENDENT:
As per claims 2, 9, and 15, which respectively depend on claims 1, 8, and 14, Bor-Yaliniz further teaches wherein the message comprises an Information Element (IE) that includes the feedback information indicating the quality of the network slice (see Bor-Yaliniz, [0053]: “Real-time network monitoring can be used to provide feedback for adjusting network resource allocations in order to support efficient network resource utilization. To support this, a network should be able to monitor and evaluate the performance of the network. Performance indicators may include: quality of service (QoS) indicators for individual traffic flows, a protocol data unit (PDU) session, subscribers and user equipments (UEs); status and resource usage of network elements that may include functions and links; subscribers behavior that may include mobility patterns, traffic patterns, or both; network slice status; and charging related measurements”).
As per claims 3 and 16, which respectively depend on claims 2 and 15, Bor-Yaliniz further teaches wherein the IE comprises a slicing quality indicator IE (see Bor-Yaliniz, [0053]: “Performance indicators may include: quality of service (QoS) indicators for individual traffic flows, a protocol data unit (PDU) session, subscribers and user equipments (UEs); status and resource usage of network elements that may include functions and links; subscribers behavior that may include mobility patterns, traffic patterns, or both; network slice status; and charging related measurements.”; and [0075]: “Another example of a service that CSM offers is Slice performance (KPI) assurance that may include one or more of: network slice key performance indicator (KPI) related data collection; network slice KPI analysis based on policies; monitoring of the network slice KPI based on policies; network slice KPI control notification; and network slice KPI data storage.”).
As per claims 4, 10, and 17, which respectively depend on claims 1, 8, and 14, Bor-Yaliniz further teaches wherein the feedback information indicating the quality of the network slice comprises a profile identifier determined based on the actual slice performance (see Bor-Yaliniz, [0119]: “The agent ID 1105 field is used to indicate the object of this monitoring job, which may include, for example: the ID of an end-to-end (E2E) network; ID of a slice; ID of a user or a group of users; ID of a traffic flow; ID of a PDU session, etc. By using this value, the CSM is able to identify the object for tracking. This value also helps the CSM to identify, for example, the corresponding DB, DAM or OAM to receive the measurement/analytical request.”).
As per claims 5 and 18, which respectively depend on claims 4 and 17, Bor-Yaliniz teaches further comprising: allocating the user device into the profile group based on the profile identifier, wherein the updated configuration information is determined for one or more user devices in the profile group (see Bor-Yaliniz, [0116]: “The Network Component Indicator field indicates a particular part or group of particular parts of the communication network to be monitored, for example, a radio access sub-network, a sub-network, a backhaul sub-network. The Network Component Indicator may also indicate a particular device or a group of particular devices,”; [0119]: “The agent ID 1105 field is used to indicate the object of this monitoring job, which may include, for example: the ID of an end-to-end (E2E) network; ID of a slice; ID of a user or a group of users; ID of a traffic flow; ID of a PDU session, etc. By using this value, the CSM is able to identify the object for tracking. This value also helps the CSM to identify, for example, the corresponding DB, DAM or OAM to receive the measurement/analytical request.”; and Claim 1 rejection above).
As per claim 6 and 19, which respectively depend on claims 5 and 18, Bor-Yaliniz teach further comprising: removing the user device from the profile group based on receiving a message from the user that indicates that the performance of the user device substantially matching the expected performance (see Bor-Yaliniz, [0006]: “An objective of embodiments of the present invention is to provide a method and apparatus for monitoring of a communication network, for example to provide performance feedback usable in adjusting communication network resource allocations.”; [0053]: “a network should be able to provide enough and appropriate resources for the actual or expected network traffic demand.”; [0230]: “In step 3012, in case of modifications on the NSI, e.g. new resources allocated, redundant resources removed, policies updated, CSM/SON receives updated monitoring policies.”; and Claim 1 rejection above).
As per claims 7, 12, and 20, which respectively depend on claims 1, 8, and 14, Bor-Yaliniz further teaches wherein the actual slice performance is represented using one or more measurements that include at least one of: a frame loss, a throughput value, a jitter value, a packet loss, or a latency value (see Bor-Yaliniz, [0072]: “This service may include: traffic flow QoS related data collection; traffic flow experienced QoS analysis based on policies; monitoring the traffic flow QoS enforcement based on policy; traffic flow QoS control notification; and traffic flow QoS data storage. Examples of traffic flow QoS related data collection may include E2E latency, throughput, and data rate.”; and [0075]: “Another example of a service that CSM offers is Slice performance (KPI) assurance that may include one or more of: network slice key performance indicator (KPI) related data collection; network slice KPI analysis based on policies; monitoring of the network slice KPI based on policies; network slice KPI control notification; and network slice KPI data storage. Examples of collected network slice KPI related data include E2E latency, throughput, and data rate.”).
As per claim 11, which depends on claim 10, Bor-Yaliniz further teaches wherein the profile identifier corresponds to a profile group, and wherein one or more user devices in the profile group are configured to receive the dynamic update of the configuration information for the network slice (see claims 5 and 18 rejection above).
As per claim 13, which depends on claim 8, Bor-Yaliniz further teaches wherein the dynamic update of configuration information is applicable to the user device before the user device transmitting a second message to the slice orchestrator with second feedback information indicating the quality of the network slice (see Bor-Yaliniz, [0105]: “Further referring to FIG. 8, when CSM reports 830 the violation to NSM, NSM receives 860 an event report from the CSM. NSM then modifies 865 the network slice. NSM also informs 870 the NSC and CSM with updated slice information (onboarding new specifications).”; and [0130]: “Examples of per usage may include: static and feedback (cooperate with user). Examples of quota based may include: static, active (based on network load/remaining resources), and feedback (cooperate with user).”).
Conclusion
8. For the reasons above, claims 1-20 have been rejected and remain pending.
9. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y WON whose telephone number is (571)272-3993. The examiner can normally be reached on Wk.1: M-F: 8-5 PST & Wk.2: M-Th: 8-7 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael Won/Primary Examiner, Art Unit 2443
Prosecution Insights