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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 04/14/2026 have been fully considered.
Applicant argues that the amendments to the claims overcome the previous claim objections. In response to the argument, Examiner respectfully agrees. The previous claim objections are withdrawn. However, Claim 15 has a new minor claim objection (introduced with the amendments).
Applicant argues, regarding the 112(b) rejection, that the name of the element in the claim is the lexicographer’s choice. In response to the argument, Examiner respectfully agrees. However, if the claim recited three requests, patentable weight is given to having three requests. If the requests are claimed first request, second request, third request they are given patentable weight as being three requests. As such, as the claim is recited, with a second request and a second response, a first request and a first response are expected. Although the specification recites a second request/response throughout, the claim should be modified to read as “a request and a response” to overcome the 112(b). It is clear that the specification has support for “a request and a response”. The 112(b) rejection is maintained.
Applicant argues the prior art Cheng does not teach on the amendment “the second request message comprises a list of candidate terminal devices”. In response to the argument, Examiner respectfully agrees. The amendments to the claims change the scope of the invention. An updated search was conducted and a prior art was discovered to read on the claim: US 2022/0321418 Al (Xu).
Cheng still teaches on most of the limitations of the independent claims and that a request message may include reporting granularity indication information indicates reporting the network performance analytics information corresponding to the candidate UE based on a granularity of UE (per UE) ([0054]). However, Cheng is silent that the second request message comprises a list of candidate terminal devices.
Xu teaches that the second request message comprises a list of candidate terminal devices, ie. a list of one, a UE ID. See Xu, [0081]-[0088] In step 106, a consumer NF sends a discovery request to the NRF. and the NRF receives the discovery request sent by the consumer NF. The characteristic information of the target NF includes, but is not limited to, at least one of an application ID, an event ID, a UE ID, and a requested data processing method.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Cheng per Xu to include that the second request message comprises a list of candidate terminal devices. It would have been advantageous as discussed above, as it would allow the modified system to provide further details in the request message regarding identification of the desired candidate devices as this would allow for efficiency when determining recommendations.
Please see updated rejection below: Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0023800 Al priority date 03/28/2022 (Cheng) in view of US 2022/0321418 Al (Xu).
Claim Objections
Claim(s) 15 (and dependents) is/are objected to because of the following informalities:
Claim 15 recites “the N1 recommended terminal devices are include in the candidate range”. It should read “the N1 recommended terminal devices are included in the candidate range”. Appropriate correction is required.
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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites “a second request message” and “a second response message”. This renders the claim unclear as to receiving a second request message and a second response message as the claim does not recite “a first request message” or “a first response message”. For examination purposes, a second request will be interpreted as a request and a second response will be interpreted as a response to the request.
This same rejection applies to Claims 7, 9, 15.
All dependents are also rejected as having the same deficiencies as the claims from which they depend.
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0023800 Al priority date 03/28/2022 (Cheng) in view of US 2022/0321418 Al (Xu).
Regarding Claim 1:
Cheng teaches A method, comprising: sending, by an application function network element (ie. first communication device, AF), a second request message (ie. first request message), wherein the second request message requests a recommended terminal device in a candidate range to participate in training of a federated learning model ([0079]), ([0027]-[0029] FIG. 1 & 2: Step 201: A first communication device sends a first request message to a second communication device. [0041] … so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning. [0042] The first communication device may include an AF or any other possible service consumer entity. Candidate range: [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500. [0125] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message.)
receiving, by the application function network element (ie. first communication device, AF), a second response message, wherein the second response message (ie. network performance analytics information sent from second communication device) comprises information indicating N1 recommended terminal devices, ([0029] Step 202: The second communication device receives the first request message from the first communication device. [0032] Step 204: The first communication device receives the network performance analytics information from the second communication device. [0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0042] The second communication device may include an NWDAF; and the candidate devices may include UE or any other possible devices. )
the N1 recommended terminal devices are included in the candidate range, and N1 is a positive integer; ([0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0040] The second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device to obtain the network performance of each candidate device in the M candidate devices. [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500.)
and determining, by the application function network element based on the second response message, N2 terminal devices to participate in the training of the federated learning model, the N2 terminal devices (ie. N device, candidate devices that meet the requirements) selected from the N1 terminal devices, and N2 is a positive integer (ie. N is less than or equal to M and is a positive integer). ([0041] The first communication device can obtain the network performance corresponding to each candidate device in the M candidate devices after the first communication device receives the network performance analytics information, so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning. [0077] Step 205: The first communication device determines N devices participating in the federated learning from the M candidate devices based on the network performance analytics information, where N is a positive integer less than or equal to M.)
Cheng teaches that a request message may include reporting granularity indication information indicates reporting the network performance analytics information corresponding to the candidate UE based on a granularity of UE (per UE) ([0054]). However, Cheng is silent that the second request message comprises a list of candidate terminal devices.
Xu teaches, in the same field of endeavor, a network function registration method and discovery method, Abstract.
Xu teaches that the second request message comprises a list of candidate terminal devices (ie. a list of one, UE ID). ([0081]-[0088] In step 106, a consumer NF sends a discovery request to the NRF. and the NRF receives the discovery request sent by the consumer NF. The characteristic information of the target NF includes, but is not limited to, at least one of an application ID, an event ID, a UE ID, and a requested data processing method.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Cheng per Xu to include that the second request message comprises a list of candidate terminal devices. It would have been advantageous as discussed above, as it would allow the modified system to provide further details in the request message regarding identification of the desired candidate devices as this would allow for efficiency when determining recommendations.
Regarding Claim 9:
Cheng teaches An apparatus ([0222] first communication device, AF), comprising: a memory, configured to store a program or instructions; and at least one processor coupled to the memory, configured to execute the program or the instructions stored in the memory, ([0226] A non-transitory readable storage medium, where a program or an instruction is stored in the non-transitory readable storage medium. When the program or the instruction is executed by a processor, the processes of the foregoing embodiment of the device determining method can be implemented.), the program or the instructions when executed causing the apparatus to perform:
sending a second request message, wherein the second request message (ie. first request message) requests a recommended terminal device in a candidate range to participate in training of a federated learning model ([0079]), ([0027]-[0029] FIG. 1 & 2: Step 201: A first communication device sends a first request message to a second communication device. [0041] … so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning. [0042] The first communication device may include an AF or any other possible service consumer entity; the second communication device may include an NWDAF; and the candidate devices may include UE or any other possible devices. Candidate range: [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500. [0125] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message.)
receiving a second response message, wherein the second response message (ie. network performance analytics information sent from second communication device) comprises information indicating N1 recommended terminal devices, the recommended terminal device in the candidate range, and N1 is a positive integer; ([0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0040] The second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device to obtain the network performance of each candidate device in the M candidate devices. [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500.)
and determining, based on the second response message, N2 terminal devices to participate in the training of the federated learning model, the N2 terminal devices selected from the N1 recommended terminal devices, and N2 is a positive integer (ie. N is less than or equal to M and is a positive integer). ([0041] The first communication device can obtain the network performance corresponding to each candidate device in the M candidate devices after the first communication device receives the network performance analytics information, so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning. [0077] Step 205: The first communication device determines N devices participating in the federated learning from the M candidate devices based on the network performance analytics information, where N is a positive integer less than or equal to M.)
Cheng teaches that a request message may include reporting granularity indication information indicates reporting the network performance analytics information corresponding to the candidate UE based on a granularity of UE (per UE) ([0054]). However, Cheng is silent that the second request message comprises a list of candidate terminal devices.
Xu teaches that the second request message comprises a list of candidate terminal devices (ie. a list of one, UE ID). ([0081]-[0088] In step 106, a consumer NF sends a discovery request to the NRF. and the NRF receives the discovery request sent by the consumer NF. The characteristic information of the target NF includes, but is not limited to, at least one of an application ID, an event ID, a UE ID, and a requested data processing method.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Cheng per Xu to include that the second request message comprises a list of candidate terminal devices. It would have been advantageous as discussed above, as it would allow the modified system to provide further details in the request message regarding identification of the desired candidate devices as this would allow for efficiency when determining recommendations.
Regarding Claims 2, 10:
Cheng (as modified by Xu) teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the second request message is a subscription message, ([0160] As shown in FIG. 3, step 1: The service consumer such as the AF sends a first request message (Nnwdaf_Analyticsinfo or Nnwdaf_AnalyticsSubscription may be used) to the NWDAF to request network performance analytics information.)
and the second request message further comprises information indicating a maximum of N1. ([0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500. [0125] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message.)
Regarding Claims 3, 11:
Cheng (as modified by Xu) teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the second request message is a subscription message. ([0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0040] The second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device to obtain the network performance of each candidate device in the M candidate devices. [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500.)
Regarding Claims 4, 12:
Cheng (as modified by Xu) teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the candidate range further comprises a specified network area. ([0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0040] The second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device to obtain the network performance of each candidate device in the M candidate devices. [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500. ([0125]-[0129] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message. Each candidate device in the M candidate devices meets at least one of the following conditions: being located in the area of interest; a radio access technology is a radio access technology indicated by the radio access technology restriction information; or network coverage is present during the time of interest. [0170]-[0173] Optionally, the first request message includes filtering information, and the filtering information includes at least one of the following: an area of interest; radio access technology restriction information; or the time of interest.)
Regarding Claims 5, 13:
Cheng (as modified by Xu) teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the information indicating N1 recommended terminal devices comprises a recommended terminal device list indicating the N1 recommended terminal devices. ([0040] The second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device to obtain the network performance of each candidate device in the M candidate devices. [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500.)
Regarding Claims 6, 14:
Cheng (as modified by Xu) teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the second request message comprises a data validity indication indicating a valid time range. ([0125]-[0129] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message. Each candidate device in the M candidate devices meets at least one of the following conditions: being located in the area of interest; a radio access technology is a radio access technology indicated by the radio access technology restriction information; or network coverage is present during the time of interest. [0170]-[0173] Optionally, the first request message includes filtering information, and the filtering information includes at least one of the following: an area of interest; radio access technology restriction information; or the time of interest.) Valid network coverage, valid time of interest.
Regarding Claim 7:
Cheng teaches A method, comprising: receiving, by a network data analytics function network element ([0222] second communications device, NWDAF), a second request message, wherein the second request message (ie. first request message) requests a recommended terminal device in a candidate range to participate in training of a federated learning model ([0079]), ([0027]-[0029] FIG. 1 & 2: Step 201: A first communication device sends a first request message to a second communication device. Step 202: The second communication device receives the first request message from the first communication device. [0030] The first request message can be used for requesting to obtain network performance analytics information. [0041] … so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning. Candidate range: [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500. [0125] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message.)
determining, by the network data analytics function network element (ie. second communications device, NWDAF), the recommended terminal device from the list of candidate terminal devices to participate in the training of the federated learning model in the candidate range; ([0040] After the second communication device receives the first request message, the second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device, so that the first communication device can obtain the network performance of each candidate device in the M candidate devices, so as to determine candidate devices that meet a network performance requirement of federated learning as devices participating in federated learning, that is, the first communication device can select appropriate candidate devices for federated learning. [0042] The first communication device may include an AF or any other possible service consumer entity; the second communication device may include an NWDAF; and the candidate devices may include UE or any other possible devices.)
and sending, by the network data analytics function network element, a second response message, wherein the second response message (ie. network performance analytics information sent from second communication device) comprises N1 recommended terminal devices, the N1 recommended terminal devices are included in the candidate range, and N1 is a positive integer. ([0031] Step 203: The second communication device sends network performance analytics information to the first communication device. [0032] Step 204: The first communication device receives the network performance analytics information from the second communication device. [0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0041] Because the network performance analytics information can indicate the network performance corresponding to the M candidate devices, the first communication device can obtain the network performance corresponding to each candidate device in the M candidate devices so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning.)
Cheng teaches that a request message may include reporting granularity indication information indicates reporting the network performance analytics information corresponding to the candidate UE based on a granularity of UE (per UE) ([0054]). However, Cheng is silent that the second request message comprises a list of candidate terminal devices.
Xu teaches that the second request message comprises a list of candidate terminal devices (ie. a list of one, UE ID). ([0081]-[0088] In step 106, a consumer NF sends a discovery request to the NRF. and the NRF receives the discovery request sent by the consumer NF. The characteristic information of the target NF includes, but is not limited to, at least one of an application ID, an event ID, a UE ID, and a requested data processing method.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Cheng per Xu to include that the second request message comprises a list of candidate terminal devices. It would have been advantageous as discussed above, as it would allow the modified system to provide further details in the request message regarding identification of the desired candidate devices as this would allow for efficiency when determining recommendations.
Regarding Claim 15:
Cheng teaches An apparatus ([0222] second communications device, NWDAF), comprising: a non-transitory memory, configured to store a program or instructions; and at least one processor coupled to the memory, configured to execute the program or the instructions stored in the memory, ([0226] A non-transitory readable storage medium, where a program or an instruction is stored in the non-transitory readable storage medium. When the program or the instruction is executed by a processor, the processes of the foregoing embodiment of the device determining method can be implemented.) the program or the instructions when executed causing the apparatus to perform:
receiving a second request message, wherein the second request message (ie. first request message) requests a recommended terminal device in a candidate range to participate in training of a federated learning model ([0079]), ([0027]-[0029] FIG. 1 & 2: Step 201: A first communication device sends a first request message to a second communication device. Step 202: The second communication device receives the first request message from the first communication device. [0030] The first request message can be used for requesting to obtain network performance analytics information. [0041] … so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning. Candidate range: [0060] filtering: The number of candidate devices that the second communication device needs to return, that is, a value of M, for example, M=500. [0125] Step 212: The second communication device determines M candidate devices based on the filtering information included in the first request message.)
determining the recommended terminal device to participate in the training of the federated learning model in the candidate range; ([0040] After the second communication device receives the first request message, the second communication device may send network performance analytics information corresponding to M candidate devices to the first communication device, so that the first communication device can obtain the network performance of each candidate device in the M candidate devices, so as to determine candidate devices that meet a network performance requirement of federated learning as devices participating in federated learning, that is, the first communication device can select appropriate candidate devices for federated learning. [0042] The first communication device may include an AF or any other possible service consumer entity; the second communication device may include an NWDAF; and the candidate devices may include UE or any other possible devices.)
and sending a second response message, wherein the second response message (ie. network performance analytics information sent from second communication device) comprises N1 recommended terminal devices, the N1 recommended terminal devices are included in the candidate range, and N1 is a positive integer. ([0031] Step 203: The second communication device sends network performance analytics information to the first communication device. [0032] Step 204: The first communication device receives the network performance analytics information from the second communication device. [0033] The network performance analytics information may include network performance analytics information corresponding to M candidate devices, and M is a positive integer. [0041] Because the network performance analytics information can indicate the network performance corresponding to the M candidate devices, the first communication device can obtain the network performance corresponding to each candidate device in the M candidate devices so that the first communication device can determine the candidate devices meeting the network performance requirements of federated learning as devices participating in federated learning.)
Cheng teaches that a request message may include reporting granularity indication information indicates reporting the network performance analytics information corresponding to the candidate UE based on a granularity of UE (per UE) ([0054]). However, Cheng is silent that the second request message comprises a list of candidate terminal devices.
Xu teaches that the second request message comprises a list of candidate terminal devices (ie. a list of one, UE ID). ([0081]-[0088] In step 106, a consumer NF sends a discovery request to the NRF. and the NRF receives the discovery request sent by the consumer NF. The characteristic information of the target NF includes, but is not limited to, at least one of an application ID, an event ID, a UE ID, and a requested data processing method.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Cheng per Xu to include that the second request message comprises a list of candidate terminal devices. It would have been advantageous as discussed above, as it would allow the modified system to provide further details in the request message regarding identification of the desired candidate devices as this would allow for efficiency when determining recommendations.
Regarding Claim 8, 16:
Cheng (as modified by Xu) teaches on the inventions of Claims 7, 15 as described.
Cheng teaches wherein determining, by the network data analytics function network element, the recommended terminal device from the list of candidate devices to participate in the training of the federated learning model comprises: obtaining, by the network data analytics function network element, network status information of the recommended terminal device in the candidate range from ([0024] an operation administration and maintenance (OAM)); ([0116] The second communication device may obtain the network performance data corresponding to the M candidate devices from the fourth communication device, and then analyze the network performance data corresponding to the M candidate devices, so as to obtain the network performance analytics information corresponding to the M candidate devices. [0117] The fourth communication device may include at least one of network elements such as an SMF, an OAM, a UDM, or a DC-AF.)
and determining, by the network data analytics function network element, the N1 recommended terminal devices based on the network status information of the recommended terminal device in the candidate range. ([0116] The second communication device may obtain the network performance data corresponding to the M candidate devices from the fourth communication device, and then analyze the network performance data corresponding to the M candidate devices, so as to obtain the network performance analytics information corresponding to the M candidate devices.)
Conclusion & Contact Information
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL J HACKENBERG whose telephone number is (571)272-5417. The examiner can normally be reached 9am-5pm M-F.
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, Glenton B Burgess can be reached at (571)272-3949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL J HACKENBERG/Primary Examiner, Art Unit 2454
Prosecution Insights