DETAILED ACTION
The non-final office action is responsive to the filing of U.S. Patent Application 18/901,659 on 09/30/2024. Claims 1-20 are pending; claims 1-9, 11, and 13-20 are rejected; claims 10 and 12 are objected to.
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 statement (IDS) submitted on 11/14/2025, 08/21/2025, and 01/08/2025 were filed before the mailing date of the non-final office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 2 and 3 are objected to because of the following informalities: “and/or”. As people with ordinary skill in the art would know, "AND" returns true only if both operands are true. For example, in a logical expression, if A and B are both true, then A AND B is true. In digital circuits, an AND gate outputs 1 only when all inputs are 1. "OR" returns true if at least one of the operands is true. For instance, if either A or B is true, then A OR B is true. In digital circuits, an OR gate outputs 1 when at least one input is 1. With both “AND” and “OR” present, it is not clear which one should be used. That causes confusion. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“to send measurement job creation request information comprising a time sequence alignment policy, wherein the time sequence alignment policy instructs a first moment and a second moment that is when first measurement data of a first network object is generated for a first time after a first measurement job is activated to be spaced by a first integer quantity of target time intervals when a time at which the first measurement job is created is later than the first moment and to generate first offset indication information, and wherein the first offset indication information instructs the network management service consumer network element to generate a first digital twin of the first network object based on the first measurement data”, “receive the measurement job creation request information”, and “send the first offset indication information to the network management service consumer network element” in claim 13;
“send a first indication about a third moment to the network management service consumer network element, wherein the third moment is when the first measurement data is obtained for the first time after the first measurement job is activated, wherein the third moment and the first moment are spaced by a second integer quantity of the target time intervals, wherein the first offset indication information indicates that the third moment and the first moment are spaced by the second integer quantity of the target time intervals, wherein the data management system further comprises a second network management service producer network element coupled to the network management service consumer network element and configured to send a second indication about a fourth moment and second offset indication information to the network management service consumer network element, wherein the fourth moment is when second measurement data of a second network object is obtained for a first time after a second measurement job is activated, wherein the fourth moment and the first moment are spaced by a third integer quantity of the target time intervals, wherein the second offset indication information indicates that the fourth moment and the first moment are spaced by the third integer quantity of the target time intervals”, “when the third moment is earlier than or equal to the fourth moment: create a second digital twin of the first network object based on third measurement data generated by the first network object at the fourth moment and subsequent moments; and create a third digital twin of the second network object based on fourth measurement data generated by the second network object at the fourth moment and subsequent moments; and when the third moment is later than or equal to the fourth moment: create a fourth digital twin of the first network object based on fifth measurement data generated by the first network object at the third moment and subsequent moments; and create a fifth digital twin of the second network object based on sixth measurement data generated by the second network object at the third moment and subsequent moments” in claim 14 and other claim limitations performed by the network management service consumer network element and the first network management service producer network element in claims 15-19;
“receive first measurement job creation request information comprising a first time sequence alignment indication, wherein the first time sequence alignment indication instructs the first network management service producer network element to wait for a first measurement job of a first network object to be activated”, “send first measurement job creation response information indicating that the first measurement job is created based on the first measurement job creation request information and the first measurement job is not activated”, “receive first activation request information comprising a first activation moment of the first measurement job”, and “activate the first measurement job at the first activation moment” performed first network management service producer network element; “receive second measurement job creation request information comprising a second time sequence alignment indication, wherein the second time sequence alignment indication instructs the second network management service producer network element to wait for a second measurement job of a second network object to be activated”, “send second measurement job creation response information indicating that the second measurement job is created based on the second measurement job creation request information and the second measurement job is not activated”, “receive second activation request information comprising a second activation moment of the second measurement job, wherein the first activation moment is consistent with the second activation moment”, and “activate the second measurement job at the second activation moment” performed by second network management service producer network element; “send the first measurement job creation request information”, “send the second measurement job creation request information”, “receive the first measurement job creation response information; receive the second measurement job creation response information”, “send the first activation request information; send the second activation request information”, and “receive offset indication information instructing the network management service consumer network element to generate digital twins of the first network object and the second network object based on the offset indication information” performed by the network management service consumer network element in claim 20.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. It seems that Fig. 14 and paragraphs [0288]-[0295] disclose a structure implemented with the logic shown in Fig. 2-12 to perform claimed functions.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9, 11, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0253912 A1 to Yao et al. (hereinafter Yao) in view of U.S. Patent Application Publication 2023/0370879 A1 to Chou et al. (hereinafter Chou).
As to claim 1, Yao teaches a data management apparatus (an apparatus of a management service producer, Yao, Abstract, claim 1) comprising:
a memory (memory, Yao, [0129]-[0153], Fig. 22-23) configured to store instructions; and
at least one processor (processor(s), Yao, [0129]-[0153], Fig. 22-23) coupled to the memory and configured to execute the instructions to cause the data management apparatus to:
send measurement job creation request information to a first network management service producer network element (Measurement job management related operations include an Operation createMeasurementJob (M). This operation supports the authorized consumer 212 to request the management service producer 210 to create a measurement job, Yao, [0032]-[0034], Table 1-3), wherein the measurement job creation request information comprises a first time sequence alignment policy (granularityPeriod The period between two successive measurements, Yao, [0032]-[0034], Table 1-3), wherein the first time sequence alignment policy instructs the first network management service producer network element to cause a first moment and a second moment at which first measurement data of a first network object is generated for a first time after a first measurement job is activated to be spaced by a first integer quantity of target time intervals when a time at which the first measurement job is created is later than the first moment and to generate first offset indication information (The management service producer will read the value of measurement type(s) at the end of each granularityPeriod If the reporting method is performance data file reporting, the value can be 5 minutes, 15 minutes, 30 minutes, 1 hours, 12 hours and 24 hours. The measurement type collecting times are determined by the following rules. If the value is 5 minutes, then read on every 5th minute of the hour. If the value is 15 minutes, then read on every 15th minute of the hour. If the value is 30 minutes, then read on every 30th minute of the hour. If the value is 1 hour, then read on every hour of the day. If the value is 12 hours, then the first read shall be as soon as possible on the hour and subsequent reads shall be at 12 hours interval. If the value is 24 hours, then the first read shall be as soon as possible on the hour and subsequent reads shall be at 24 hours interval. If the reporting method is performance data streaming, the value of granularityPeriod could be shorter than 5 minutes and can be in seconds, Yao, Table 1-3, [0032]-[0034]).
Yao does not explicitly disclose wherein the first offset indication information instructs the data management apparatus to generate a first digital twin of the first network object based on the first measurement data; and
Chou discloses information instructs a data management apparatus to generate a first digital twin of a first network object based on a first measurement data (Each node 1314n sends its UE measurements and/or its input data to node 1314s over the Xn interface, which are stored or otherwise maintained as measurement data 205. The node 1314s also stores UE measurements and/or input data it collects as measurement data 205. The node 1314s sends the measurement data 205 to the OAM 240 for AI/ML model training 210a, validation 210b, and testing 210c for an AI/ML model to generate inferences for actor(s) 320 (e.g., NES, load balancing/LBO, mobility optimization/MRO, and/or other SON functions), Chou, [0034]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use measurement data to train/generate AI/ML model as taught by Chou to modify the apparatus of Yao in order to implement Artificial intelligence (AI) and machine learning (ML) technologies to embed intelligence in the RAN.
Yao-Chou discloses
receive the first offset indication information from the first network management service producer network element (reportingMethod and resportingPeriod, Yao, Table 1-3, [0032]-[0034], [0037]-[0038], [0042]; Chou, [0034]).
As to claim 2, Yao-Chou discloses the data management apparatus of claim 1, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to receive a first indication indicating a third moment from the first network management service producer network element and a fourth moment and/or second offset indication information from a second network management service producer network element, wherein the time at which the first network management service producer network element creates the first measurement job is later than the first moment, wherein the third moment is when the first measurement data is obtained for a first time after the first measurement job is activated, wherein the third moment and the first moment are spaced by a second integer quantity of the target time intervals, wherein the first offset indication information indicates that the third moment and the first moment are spaced by the second integer quantity of the target time intervals, wherein the fourth moment is when second measurement data of a second network object is obtained for a first time after a second measurement job is activated, wherein the fourth moment and the first moment are spaced by a third integer quantity of the target time intervals, wherein the second offset indication information indicates that the fourth moment and the first moment are spaced by the third integer quantity of the target time intervals, and wherein the third moment is earlier than or equal to the fourth moment: create a second digital twin of the first network object based on third measurement data generated by the first network object at the fourth moment and subsequent moments; and create a third digital twin of the second network object based on fourth measurement data generated by the second network object at the fourth moment and subsequent moments (Yao, [0032]-[0034], [0037]-[0038], [0042], Table 1-3; Chou, [0034]. Note: a repetition of Yao in view of Chou).
As to claim 3, Yao-Chou discloses the data management apparatus of claim 1, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to: receive a first indication indicating a third moment from the first network management service producer network element and a fourth moment and/or second offset indication information from a second network management service producer network element, wherein the time at which the first network management service producer network element creates the first measurement job is later than the first moment, wherein the third moment is when the first measurement data is obtained for a first time after the first measurement job is activated, wherein the third moment and the first moment are spaced by a second integer quantity of the target time intervals, wherein the first offset indication information indicates that the third moment and the first moment are spaced by the second integer quantity of the target time intervals, wherein the fourth moment is when second measurement data of a second network object is obtained for a first time after a second measurement job is activated, wherein the fourth moment and the first moment are spaced by a third integer quantity of the target time intervals, wherein the second offset indication information indicates that the fourth moment and the first moment are spaced by the third integer quantity of target time intervals, and wherein the third moment is later than or equal to the fourth moment: create a fourth digital twin of the first network object based on fifth measurement data generated by the first network object at the third moment and subsequent moments; and create a fifth digital twin of the second network object based on sixth measurement data generated by the second network object at the third moment and subsequent moments (Yao, [0032]-[0034], [0037]-[0038], [0042], Table 1-3; Chou, [0034]. Note: a repetition of Yao in view of Chou).
As to claim 4, Yao-Chou discloses the data management apparatus of claim 1, wherein the first moment and an actual activation moment that is when the first network management service producer network element activates the first measurement job are spaced by n target time intervals, wherein an interval between the actual activation moment and the time at which the first measurement job is created is less than one target time interval, wherein n is a positive integer greater than or equal to 1, and wherein a third moment is when the first measurement data is obtained for a first time after the first measurement job is activated and the actual activation moment are spaced by one target time interval (startTime - It specifies begin time from which the measurement job will be active. All values that indicate valid timestamp. Default value is “start now”. If startTime is in the past, the current time will be used and the job will start immediately. When a measurement job becomes active, it does not mean that the measurement job immediately monitors the measurement type(s). The consumer can set the detailed time frame (e.g. dailySchedule or weeklySchedule) by schedule parameter for a measurement job to monitor the measurement type(s). If there is no time frame scheduled, the measurement job immediately monitors the measurement types when it becomes active, Yao, Table 1-3, [0032]-[0034], [0037]-[0038], [0042]; Chou, [0034]).
As to claim 5, Yao-Chou discloses the data management apparatus of claim 1, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to receive an alignment completion notification from the first network management service producer network element, and wherein the alignment completion notification comprises a third moment at which the first measurement data is obtained for a first time after the first measurement job is activated and the first offset indication information (Yao, [0037]-[0038], [0042], [0032]-[0034], Table 1-3; Chou, [0034]).
As to claim 6, Yao-Chou discloses the data management apparatus of claim 1, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to receive an alignment completion notification from the first network management service producer network element, and wherein the alignment completion notification comprises a third moment at which the first measurement data is obtained for a first time after the first measurement job is activated (Yao, [0037]-[0038], [0042], [0032]-[0034], Table 1-3; Chou, [0034]).
As to claim 7, Yao-Chou discloses the data management apparatus of claim 1, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to receive an alignment completion notification from the first network management service producer network element, and wherein the alignment completion notification comprises the first offset indication information (Yao, [0037]-[0038], [0042], [0032]-[0034], Table 1-3; Chou, [0034]).
As to claim 8, Yao-Chou discloses the data management apparatus of claim 1, wherein the measurement job creation request information comprises a second time sequence alignment policy, wherein the second time sequence alignment policy instructs the first network management service producer network element to report an actual activation moment of the first measurement job, and wherein the time at which the first measurement job is created is later than the first moment (Yao, [0035]-[0038], [0032]-[0034], [0042], Table 1-3; Chou, [0034]).
As to claim 9, Yao-Chou discloses the data management apparatus of claim 8, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to: receive an activation timeout notification from the first network management service producer network element, wherein the activation timeout notification comprises the actual activation moment; send a time sequence alignment request to the first network management service producer network element, wherein the time sequence alignment request comprises an offset time; and receive a time sequence alignment response from the first network management service producer network element, wherein the time sequence alignment response comprises a third moment at which the first measurement data is obtained for a first time after the first measurement job is activated and the first offset indication information, and wherein the third moment and the actual activation moment are spaced by one target time interval and the offset time (stop a measurement job, Yao, [0035]-[0038], [0032]-[0034], [0042], Table 1-3; Chou, [0034]).
As to claim 11, Yao-Chou discloses the data management apparatus of claim 8, wherein the at least one processor is further configured to execute the instructions to cause the data management apparatus to: receive an activation timeout notification from the first network management service producer network element, wherein the activation timeout notification comprises the actual activation moment; send a time sequence alignment request to the first network management service producer network element, wherein the time sequence alignment request comprises an offset time; and receive a time sequence alignment response from the first network management service producer network element, wherein the time sequence alignment response comprises a third moment at which the first measurement data is obtained for a first time after the first measurement job is activated or the first offset indication information, and wherein the third moment and the actual activation moment are spaced by one target time interval and the offset time (Yao, [0035]-[0038], [0032]-[0034], [0042], Table 1-3; Chou, [0034]).
As to claims 13-20, the same reasoning applies mutatis mutandis to the corresponding system claims 13-20. Accordingly, claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Chou.
Allowable Subject Matter
Claims 10 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art references on record do not disclose the limitation in the claims identified above.
Conclusion
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 2/19/2026