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.
Information Disclosure Statement
The information disclosure statements (IDSs) were submitted on 01/07/2025, 03/03/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Claim Objections
Claim(s) 1-16 is/are objected to because of the following informalities:
Claim 1 recites “the terminal device” and “the N1 terminal devices”. It should read “the recommended terminal device” and “the N1 recommended terminal devices”. This same objection applies to Claims 7-9, 15-16.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his 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 request 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 § 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) 1-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2025/0023800 Al priority date 03/28/2022 (Cheng).
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 recommended terminal device in the candidate range is included in the N1 recommended terminal devices, 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.)
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 is included in the recommended N1 terminal devices, 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 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.)
Regarding Claims 2, 10:
Cheng 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 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 teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the second request message is a subscription message, and the second request message comprises information indicating the candidate range. ([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 teaches on the inventions of Claims 1, 9 as described.
Cheng teaches wherein the candidate range comprises a list of candidate terminal devices or 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 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 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 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 recommended terminal device in the candidate range is included in the N1 recommended terminal devices, 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.)
Regarding Claim 15:
Cheng teaches An apparatus ([0222] second communications device, NWDAF), 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:
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 recommended terminal device in the candidate range is included in the recommended N1 terminal devices, 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.)
Regarding Claim 8, 16:
Cheng 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 in the candidate range recommended 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
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.
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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