Prosecution Insights
Last updated: October 04, 2026
Application No. 18/899,348

Network Element Registration Methods, Model Determination Method, Network Elements, and Non-Transitory Readable Storage Medium

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Mar 28, 2022 — CN 202210317250.2 +2 more
Examiner
COUSINS, JOSEPH M
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Non-Final)
64%
Grant Probability
Moderate
2-3
OA Rounds
1y 3m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
189 granted / 296 resolved
+5.9% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
12 currently pending
Career history
304
Total Applications
across all art units

Statute-Specific Performance

§101
11.4%
-28.6% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 296 resolved cases

Office Action

§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 . Response to Amendment Claims 1 and 8-9 are amended. Claims 5-7 are cancelled. Claims 21-23 are newly added. Response to Arguments On Page 8 of the Remarks filed June 24, 2026, Applicant asserts Xin fails to disclose the request including analytics ID information. Examiner finds this argument persuasive. In light of this argument, previous claim rejections are withdrawn. Claim Interpretation For claims 1-4, 8, 13-15 and 18 -19, the following limitation is interpreted as a Markush group: “the federated learning capability information of the first network element comprises at least one of the following: type information of federated learning training supported by the first network element, time information of federated learning training supported by the first network element, or metadata information possessed by the first network element.” Each member is within the same art-recognized class as a registration parameter of a capabilities request. The members are interpreted as functionally equivalent and have a common use. See MPEP § 2117. For claims 9-12,16-17 and 20, the following limitation is interpreted as a Markush group: “at least one of the following: type information of federated learning training supported by the first network element or metadata information possessed by the first network element.” Each member is within the same art-recognized class as a discovery response parameter. The members are interpreted as functionally equivalent and have a common use. See MPEP § 2117. If Applicant disagrees with Examiner’s interpretation, Applicant is invited to provide alternative arguments/rationale. 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 1-4, 8, 13-15 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Xin et al. U.S. Patent Application publication 2023/0083982 in view of Yue et al. U.S. Patent Application publication 2025/0119715. Claims 1, 13, and 18, Xin discloses A network element registration method, wherein the method comprises: sending, by a first network element, a registration request to a second network element (para 0307-Step 803 The client NWDAF triggers the network element management_network element registration request service operation to the NRF network element), wherein the registration request is used to request registration of federated learning capability information of the first network element with the second network element (para 0307), and the federated learning capability information of the first network element comprises at least one of the following: type information of federated learning training supported by the first network element (para 0376-supported federated learning capability information), time information of federated learning training supported by the first network element, or metadata information possessed by the first network element. Xin discloses A network element, comprising a processor and a memory, wherein a program or instructions executable on the processor are stored in the memory, and when the program or the instructions are executed by the processor (para 0416-0421) Although Xin discloses substantial limitations of the claimed invention, it fails to disclose wherein the registration request comprises analytics identification (ID) information supported by the first network element; wherein the analytics ID information corresponds to the federated learning capability information of the first network element. In an analogous art, Yue discloses wherein the registration request comprises analytics identification (ID) information supported by the first network element (para 0019-NFprofile includes support Analytics IDs); wherein the analytics ID information corresponds to the federated learning capability information of the first network element (para 0019- disclose Analytics IDs are support the Federated Learning). One of ordinary skill in the art before the effective filing date would find it obvious to combine the registration parameters of Yue with the Xin system to exchange capabilities between network elements to enable Federated Learning. One of ordinary skill in the art would be motivated to combine Yue and Xin to establish connections between networking devices by exchanging capabilities. Claims 2, and 14, wherein the type information of the federated learning training supported by the first network element comprises at least one of the following: a federated learning server capability (Xin 0376- server), or a federated learning client capability. Xin discloses A network element, comprising a processor and a memory, wherein a program or instructions executable on the processor are stored in the memory. (para 0421-0422) Claim 3-4 are conditional limitations not required to disclose the invention. Claims 8, 15, and 19, Xin discloses A network element registration method, wherein the method comprises: receiving, by a second network element, a registration request sent by a first network element (para 0307-Step 803 The client NWDAF triggers the network element management_network element registration request service operation to the NRF network element), wherein the registration request is used to request registration of federated learning capability information of the first network element with the second network element (para 0307), and the federated learning capability information of the first network element comprises at least one of the following: type information of federated learning training supported by the first network element (para 0376-supported federated learning capability information), time information of federated learning training supported by the first network element, or metadata information possessed by the first network element. Xin discloses A network element, comprising a processor and a memory, wherein a program or instructions executable on the processor are stored in the memory, and when the program or the instructions are executed by the processor (para 0416-0421) Although Xin discloses substantial limitations of the claimed invention, it fails to disclose wherein the registration request comprises analytics identification (ID) information supported by the first network element; wherein the analytics ID information corresponds to the federated learning capability information of the first network element. In an analogous art, Yue discloses wherein the registration request comprises analytics identification (ID) information supported by the first network element (para 0019-NFprofile includes support Analytics IDs); wherein the analytics ID information corresponds to the federated learning capability information of the first network element (para 0019- disclose Analytics IDs are support the Federated Learning). One of ordinary skill in the art before the effective filing date would find it obvious to combine the registration parameters of Yue with the Xin system to exchange capabilities between network elements to enable Federated Learning. One of ordinary skill in the art would be motivated to combine Yue and Xin to establish connections between networking devices by exchanging capabilities. Claims are 9-11, 16-17 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Xin et al. U.S. Patent Application publication 2023/0083982 in view of XU et al. U.S. Patent Application publication 2024/0064611. Claims 9, 16 and 20, Xin discloses A model determining method, wherein the method comprises: sending, by a third network element, a discovery request to a second network element (para 0053-a communication unit sends to a service discovery network element, a first request that requests information about a second data analytics network element,), wherein the discovery request is used to request to discover a network element capable of federated learning training (para 0053- where the first request includes one or more of information about distributed learning and first indication information indicates a type of the second data analytics network element, and the information about distributed learning includes a type of distributed learning requested by the first data analytics network element.), the discovery request comprises first information, and the first information comprises at least one of the following: Xin discloses A network element, comprising a processor and a memory, wherein a program or instructions executable on the processor are stored in the memory, and when the program or the instructions are executed by the processor (para 0416-0421) Although Xin discloses substantial limitations of the claimed invention, it fails to disclose metadata information of a network element of the federated learning training corresponding to the target task, or network element type requirement information; wherein the network element type requirement information is used to indicate a network element type corresponding to a to-be-discovered network element capable of federated learning training, and the network element type comprises a federated learning server network element type. In an analogous art, XU discloses metadata information of a network element of the federated learning training corresponding to the target task (para 0070- discloses a data format and data range). The teaching of Xin discloses evaluating the load requirements of a federated learning client and including the load information within a discovery response in step 808. (para 0334). One of ordinary skill in the art before the effective filing date of the invention would find it obvious to apply the data requirements of XU with the Xin system to produce the predictable result of presenting the valid range of data within the discovery results. The collection of the data and presentation of the result would operate in an ordinary predictable manner. Claim 10, The method according to claim 9, wherein the metadata information possessed by the network element of the federated learning training corresponding to the target task comprises a data range (XU para 0070-data range). Claim 11, wherein after the sending, by a third network element, a discovery request to a second network element, the method further comprises: receiving, by the third network element, a discovery response sent by the second network element (Xin para 0325- The NRF network element sends a network element discovery response to the server NWDAF, where the network element discovery response includes the first client NWDAF list.), wherein the discovery response comprises identification information or address information of a target network element (Xin para 0322-slice instance, vendor, DNAI), and the target network element is a network element supporting federated learning training (Xin para 0321- The NRF network element determines the first client NWDAF list that can perform horizontal federated learning. The first client NWDAF list includes information about each client NWDAF in a client NWDAF 1 to a client NWDAF n.); and performing, by the third network element, federated learning training along with the target network element to obtain model information corresponding to the target task (Xin para 0335-a client NWDAF is selected to perform horizontal federated learning) Claim 17, Xin discloses A network element, comprising a processor and a memory, wherein a program or instructions executable on the processor are stored in the memory, and when the program or the instructions are executed by the processor. (para 0416-0421) Although Xin discloses substantial limitations of the claimed invention, it fails to disclose wherein the discovery response further comprises second information, and the second information comprises at least one of the following: type information of federated learning training supported by the target network element, or time information of federated learning training supported by the target network element. In an analogous art, XU discloses Obtaining for federating learning period a valid time range of local data and data format. (para 0070). The teaching of Xin discloses evaluating the load requirements of a federated learning client and including the load information within a discovery response in step 808. (para 0334). One of ordinary skill in the art before the effective filing date of the invention would find it obvious to apply the presentation of the candidate NF information of XIN to the valid range of data of XU to produce the predictable result of presenting the valid range of data within the discovery results. The collection of the data and presentation of the result would operate in an ordinary predictable manner. Claim 21, The method according to claim 9, wherein the first information further comprises time information of the federated learning training corresponding to the target task (XU para 0070-time). Claim 22, The method according to claim 9, wherein the network element type further comprises a federated learning client network element type (XU para 0070-time). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Xin et al. U.S. Patent Application publication 2023/0083982 in view of XU et al. U.S. Patent Application publication 2024/0064611 in view of Puente Pestaña et al. U.S. Patent publication 12,664,465. Claim 12, Although Xin/XU discloses substantial limitations of the claimed invention, it fails to disclose wherein the discovery response further comprises second information, and the second information comprises at least one of the following: type information of federated learning training supported by the target network element, or time information of federated learning training supported by the target network element. In an analogous art, Puente Pestaña discloses type information of machine learning algorithm supported by the first data entities (Col 11, lines 42-55) One of ordinary skill in the art before the effective filing date of the invention would find it obvious to apply the inclusion of the capabilities of the discovered entities within the discovery response of Puente Pestaña to the federated learning discovery of Xin/Xu system to produce the predictable result of providing the federated learning capability type within discovery responses. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Xin et al. U.S. Patent Application publication 2023/0083982 in view of Yue et al. U.S. Patent Application publication 2025/0119715 in view of XU et al. U.S. Patent Application publication 2024/0064611. Claim 23, Although Xin/Yue discloses substantial limitations of the claimed invention, it fails to disclose The method according to claim 8, wherein the metadata information possessed by the first network element comprises a data range. In an analogous art, XU discloses The method according to claim 8, wherein the metadata information possessed by the first network element comprises a data range. (para 0070) One of ordinary skill in the art before the effective filing date would find it obvious to combine the request constraints of XU with the XIN/Yue system to produce the predictable result of limiting request results based on request requirements. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M COUSINS whose telephone number is (571)270-7746. The examiner can normally be reached 9:00am -5:00pm EST. 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, Tonia Dollinger can be reached at (571) 272-4170. 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. /SCHQUITA D GOODWIN/Primary Examiner, Art Unit 2459 /JMC/Examiner, Art Unit 2459
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Prosecution Timeline

Sep 27, 2024
Application Filed
Mar 27, 2026
Non-Final Rejection mailed — §103
Jun 24, 2026
Response Filed
Sep 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
64%
Grant Probability
83%
With Interview (+19.2%)
3y 3m (~1y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 296 resolved cases by this examiner. Grant probability derived from career allowance rate.

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