Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
1. This action is in response to the application filed on 24 October 2024.
Claims 21-39 are presently pending for examination.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 10/24/2024 and 01/21/2026 have being considered by the examiner.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21, 30 and 31 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21,31 and 38 of copending Application No. 18/007090. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same invention of user plane optimization using network data analytics. It would have been obvious to draft these new set of claims in light of the claims in 18/007090 in order to have variation of the earlier claims without presenting distinct invention.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 21-39 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., U. S. Patent Publication No. 2020/0322775 in view of Patil et al., U. S. Patent Publication No. 2021/0014141.
Lee disclose 21, a user equipment (UE) comprising a processor, communications circuitry connected to a wireless network, and a memory comprising instructions, wherein: the instructions comprise a client application involved in data collection (see Lee, ¶ [0005], [[0137] and [0249]; user equipment client application involved in data collection is provided); the client application is configured with data collection information comprising data collection parameters (see Lee, ¶ [0004] and [0107]; collected data parameters is provided); and the instructions, when executed by the processor and in accordance with the data collection parameters, cause the UE to: collect data pertaining to the UE (see Lee, ¶ [0118]-[0119] and [0146]; data pertaining to user equipment is collected); and send, to the AF over a user plane, the collected data with information selected from the data collection information (see Lee, ¶ [0071], [0127] and [0256]; collected data is transmitted).
Although Lee discloses the invention substantially as claimed, it does not explicitly disclose the client application is configured with contact information pertaining to an Application Function (AF).
Patil teaches the client application is configured with contact information pertaining to an Application Function (AF) (see Patil, ¶ [0014]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Patil with that of Lee in order to efficiently the specific network element involved in the providing of the data collection.
Regarding claim 22, Lee-Patil teaches wherein the data collection parameters comprise: a type of data the UE is to collect, data associated with one or more analytics IDs and application IDs, a data collection frequency, and/or a reporting frequency (see Lee, ¶ [0063] and [0094]).
Regarding claim 23, Lee-Patil teaches wherein the data collection information comprises: a processing requirement, an expiration time for the collected data, a timestamp of the data collection, and/or a correlation identifier that associates the collected data with the UE (see Lee, ¶ [0107] and [0253]).
Regarding claim 24, Lee-Patil teaches wherein the collected data comprises: a battery level, a battery discharge rate, a battery discharge history, a battery health, a Discontinuous Reception (DRX) configuration, a sleeping state, and/or a power saving mode (see Lee, ¶ [0107] and [0137]).
Regarding claim 25, Lee-Patil teaches wherein the collected data comprises:an application ID;location information;Single-Network Slice Selection Assistance Information (S-NSSAI);a Protocol Data Unit (PDU) session ID;a Downlink (DL) data rate;a number of Uplink (UL) retransmissions;a DL latency;a percentage of device loading;a percentage of access availability;a Quality of Service (QoS) level; and/or a mobility pattern (see Lee, ¶ [0256]).
Regarding claim 26, Lee-Patil teaches wherein the instructions cause the UE, prior to sending the collected data, to prepare the collected data by anonymizing, aggregating, and/or normalizing the collected data (see Lee, ¶ [0122]-[0123]).
Regarding claim 27, Lee-Patil teaches wherein the instructions cause the UE to generate, from the collected data, Machine Learning (ML) or Artificial Intelligence (AI) data for use in data analytics (see Lee, ¶ [0253] and Patil, ¶ [0016] and [0058]).
Regarding claim 28, Lee-Patil teaches wherein the ML or Al data comprises training data, inference data, and/or validation data (see Lee, ¶ [0253] and Patil, ¶ [0016] and [0058]).
Regarding claim 29, Lee-Patil teaches wherein the instructions cause the UE to be managed by an operator, a trusted third-party service provider, or an untrusted third-party service provider (see Lee, ¶ [0129]).
Regarding claim 30, Lee discloses a non-transitory computer-readable medium storing instructions that, when executed by one or more processors of a user equipment (UE), cause the UE for perform a method comprising: executing a client application involved in data collection (see Lee, ¶ [0005], [[0137] and [0249]; user equipment client application involved in data collection is provided), and with data collection information comprising data collection parameters (see Lee, ¶ [0004] and [0107]; collected data parameters is provided); collecting data pertaining to the UE in accordance with the data collection parameters (see Lee, ¶ [0118]-[0119] and [0146]; data pertaining to user equipment is collected); and sending, to the AF over a user plane, the collected data with information selected from the data collection information (see Lee, ¶ [0071], [0127] and [0256]; collected data is transmitted).
Although Lee discloses the invention substantially as claimed does not explicitly disclose the client application being configured with contact information pertaining to an Application Function (AF).
Patil teaches the client application being configured with contact information pertaining to an Application Function (AF) (see Patil, ¶ [0014]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Patil with that of Lee in order to efficiently the specific network element involved in the providing of the data collection.
Regarding claim 31, Lee discloses a method of a user equipment (UE), the method comprising: executing a client application involved in data collection (see Lee, ¶ [0005], [[0137] and [0249]; user equipment client application involved in data collection is provided), and with data collection information comprising data collection parameters (see Lee, ¶ [0004] and [0107]; collected data parameters is provided); collecting data pertaining to the UE in accordance with the data collection parameters (see Lee, ¶ [0118]-[0119] and [0146]; data pertaining to user equipment is collected); and sending, to the AF over a user plane, the collected data with information selected from the data collection information (see Lee, ¶ [0071], [0127] and [0256]; collected data is transmitted).
Although Lee discloses the invention substantially as claimed does not explicitly disclose the client application being configured with contact information pertaining to an Application Function (AF).
Patil teaches the client application being configured with contact information pertaining to an Application Function (AF) (see Patil, ¶ [0014]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Patil with that of Lee in order to efficiently the specific network element involved in the providing of the data collection.
Regarding claim 32, Lee-Patil teaches wherein the data collection parameters comprise: a type of data the UE is to collect, data associated with one or more analytics IDs and application IDs, a data collection frequency, and/or a reporting frequency (see Lee, ¶ [0063] and [0094]).
Regarding claim 33, Lee-Patil teaches wherein the data collection information comprises: a processing requirement, an expiration time for the collected data, a timestamp of the data collection, and/or a correlation identifier that associates the collected data with the UE (see Lee, ¶ [0107] and [0253]).
Regarding claim 34, Lee-Patil teaches wherein the collected data comprises: a battery level, a battery discharge rate, a battery discharge history, a battery health, a Discontinuous Reception (DRX) configuration, a sleeping state, and/or a power saving mode (see Lee, ¶ [0107] and [0137]).
Regarding claim 35, Lee-Patil teaches wherein the collected data comprises:an application ID;location information;Single-Network Slice Selection Assistance Information (S-NSSAI);a Protocol Data Unit (PDU) session ID;a Downlink (DL) data rate;a number of Uplink (UL) retransmissions;a DL latency;a percentage of device loading;a percentage of access availability;a Quality of Service (QoS) level; and/or a mobility pattern (see Lee, ¶ [0256]).
Regarding claim 36, Lee-Patil teaches wherein the UE, prior to sending the collected data, prepares the collected data by anonymizing, aggregating, and/or normalizing the collected data (see Lee, ¶ [0122]-[0123]).
Regarding claim 37, Lee-Patil teaches wherein the UE generates, from the collected data, Machine Learning (ML) or Artificial Intelligence (AI) data for use in data analytics (see Lee, ¶ [0253] and Patil, ¶ [0016] and [0058]).
Regarding claim 38, Lee-Patil teaches wherein the ML or AI data comprises training data, inference data, and/or validation data (see Lee, ¶ [0253] and Patil, ¶ [0016] and [0058]).
Regarding claim 39, Lee-Patil teaches wherein the UE is managed by an operator, a trusted third- party service provider, or an untrusted third-party service provider (see Lee, ¶ [0129]).
Prior Art of Record
6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art.
a. US 11405803 B2 is directed to systems for online services applications and application functions to provide User Equipment (UE)-generated information to network data analytics to support network automation and optimization are provided. According to one aspect of the present disclosure, a method for an online services application or Application Function (AF) to provide UE-Generated Information (UGI) to support network automation and optimization comprises, at a Network Data Analytics (NWDA) function: receiving UGI that was collected by a UE or by an online services AF; generating network automation and optimization information based on at least some of the received UGI; and sending the network automation and optimization information to a Radio Access Network (RAN).
b. US 20200228420 A1 is directed to a method and system of unifying data transmission and storage in a communication network are provided. The method comprises determining, by a coordinator associated with a network data analytics function (NWDAF) service instance set, what data that more than one NWDAF service instances in the NWDAF service instance set requires, if the data required by the more than one NWDAF service instances is the same, requesting, by the coordinator associated with the NWDAF service instance set, the data from a network function service instance set, and receiving the data from a data storage function that is notified by the network function service instance set of the request from the coordinator associated with the NWDAF service instance set.
c. US 20230056442 A1 Methods, systems, and devices may assist in enhancements to PMF protocol and new ATSSS steering modes to enable support for analytics driven or multi-USIM steering. The following functionalities are disclosed: 1) Enable UEs to use the PMF protocol to provide UE specific data to the NWDAF for analytics purposes; 2) Enable multi-USIM UEs to notify the core network over the user plane of the UE's desire to pause communications with the CN associated with one USIM so the UE can communicate with the CN associated with another USIM; 3) Define new ATSSS steering modes to support data analytics driven steering; and 4) Define new ATSSS steering modes to support Multi-USIM steering, among other things.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED IBRAHIM whose telephone number is (571)270-1132. The examiner can normally be reached on Monday through Friday from 9:30AM to 6:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached on 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mohamed Ibrahim/
Primary Examiner, Art Unit 2444