Prosecution Insights
Last updated: October 02, 2026
Application No. 18/933,266

Generating a Core Instance at a First Access Network Core Configurator to Facilitate Operation of a Second Access Network

Non-Final OA §102§103
Filed
Oct 31, 2024
Priority
Mar 31, 2021 — continuation of 11/627,480 +1 more
Examiner
ELNOUBI, SAID M
Art Unit
Tech Center
Assignee
AT&T Mobility II LLC
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
322 granted / 434 resolved
+14.2% vs TC avg
Strong +20% interview lift
Without
With
+20.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
22 currently pending
Career history
449
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
62.7%
+22.7% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 434 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 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, 4, 10-11, and 16-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mercian et al. (US 20210044498 A1). Regarding claim 1, Mercian et al. teach A device ([0023] a remote management server 202)within a first communications network ([0015] the primary site 102 includes a controller 104), comprising: a processor ([0063] processor(s) 704); and a memory that stores executable instructions that, when executed by the processor([0063] executing one or more sequences of one or more instructions contained in main memory 706), facilitate performance of operations comprising: determining a core network instance ([0025] NAE engine 230a) to be performed at a network equipment ([0013] a respective monitoring agent may be instantiated in each network device for each network protocol configured in that network device) of a second communications network ([0030] The self-tuning network 200 may include an access point 206. A network analytics engine (NAE) 230b may execute within the access point 206); determining a plurality of virtualized network functions to include in the core network instance ([0028] the NAE 230a can be remotely managed, so as to allow a user, such as a network administrator, to adaptively configure the various network analytics related functions).; and deploying the core network instance including the plurality of virtualized network functions for operation at the network equipment of the second communications network ([0028] The NAE 230a may be implemented in hardware and/or software which further configures hardware of the core switch 204 to execute the network analytics aspects and techniques, [0043] the remote management server 202 may change the agents or the logic used to create the agents , [0045] the remote management server 202 may generate a new configuration file based on the reported anomalies, and may transmit the new configuration file to the affected network devices). Regarding claim 4, Mercian et al. teach The device of claim 1, wherein the operations further comprise: receiving an updated configuration parameter employable to update a configuration parameter of configuration parameters corresponding to the network equipment ([0013] The remote device management server may generate a new threshold for the performance parameter of the network protocol resource);; determining an updated core network instance to update the core network instance ([0043] the remote management server 202 may change the agents or the logic used to create the agents); and deploying the updated core network instance for operation at the network equipment ([0045] the remote management server 202 may provide a new threshold to the agent in response to an anomaly report). Regarding claim 10, Mercian et al. teach. A method, comprising: determining, by a processing system including a processor of a first access network equipment ([0023] a remote management server 202)of a first communications network ([0015] the primary site 102 includes a controller 104), a core network instance ([0025] NAE engine 230a), wherein the determining is based on configuration parameters corresponding to a second access network of a second communications network ([0028] The NAE 230a may be implemented in hardware and/or software which further configures hardware of the core switch 204 to execute the network analytics aspects and techniques... to adaptively configure the various network analytics related functions that are executed by the core switch 204); determining, by the processing system, a plurality of virtualized network functions to include in the core network instance ([0028] the NAE 230a can be remotely managed, so as to allow a user, such as a network administrator, to adaptively configure the various network analytics related functions; and enabling, by the first access network equipment ( [0043] the remote management server 202 may change the agents or the logic used to create the agents), implementation of the core network instance at the second communications network ([0028] The NAE 230a may be implemented in hardware and/or software which further configures hardware of the core switch 204 to execute the network analytics aspects and techniques), wherein the core network instance facilitates access to the second access network ([0028] the NAE 230a can be remotely managed,). Regarding claim 11, Mercian et al. teach The method of claim 10, further comprising: receiving, by the processing system of the first access network equipment, an updated configuration parameter ([0013] The remote device management server may generate a new threshold for the performance parameter of the network protocol resource); and based on the updated configuration parameter, facilitating, by the processing system of the first access network equipment, updating the core network instance at the second communications network , resulting in an updated core network instance , ([0043] the remote management server 202 may change the agents or the logic used to create the agents), wherein the updated core network instance facilitates access to the second access network ([0046] The agents 210a,b subsequently monitor the respective resources 220a,b according to the new threshold value). Regarding claim 16 Mercian et al. teach A device A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor of first access network equipment ([0023] a remote management server 202) of a first communications network ([0015] the primary site 102 includes a controller 104), facilitate performance of operations, the operations comprising: based on configuration parameters corresponding to a second communications network comprising second access network equipment ([0045] the remote management server 202 may generate a new configuration file based on the reported anomalies, and may transmit the new configuration file to the affected network devices), configuring a core network instance deliverable ([0025] NAE engine 230a); determining a plurality of virtualized network functions to include in the core network instance deliverable([0028] the NAE 230a can be remotely managed, so as to allow a user, such as a network administrator, to adaptively configure the various network analytics related functions); transmitting the core network instance deliverable to the second access network equipment ([0045] transmit the new configuration file to the affected network devices); and in response to the transmitting the core network instance deliverable to the second access network equipment, enabling a core network instance associated with the core network instance deliverable ([0028] The NAE 230a may be implemented in hardware and/or software which further configures hardware of the core switch 204 to execute the network analytics aspects and techniques, [0043] the remote management server 202 may change the agents or the logic used to create the agents , [0045] the remote management server 202 may generate a new configuration file based on the reported anomalies, and may transmit the new configuration file to the affected network devices). Regarding claim 17, Mercian et al. teach The non-transitory machine-readable medium of claim 16, wherein the first access network equipment generates an updated core network instance deliverable based on an updated configuration parameter ([0043] the remote management server 202 may change the agents or the logic used to create the agents), and wherein the first access network equipment enables the updated core network instance deliverable for the second access network equipment ([0045] the remote management server 202 may provide a new threshold to the agent in response to an anomaly report).. Claims 5-9, 12-13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mercian et al. (US 20210044498 A1) in view of JUNCHAO et al. (WO2021004517A1). Regarding claim 5, Mercian et al. teach The device of claim 1, but do not teach wherein the operations further comprise: based on the core network instance, determining a redundant core network instance that enables redundant functionality to the core network instance. In a similar endeavor, JUNCHAO et al. teach based on the core network instance, determining a redundant core network instance that enables redundant functionality to the core network instance (JUNCHAO [0142] the NSSF instance discovers that the status of the primary core network sub-slice instance serving the S-NSSAI is abnormal, and returns a core network sub-slice selection response. The core network sub-slice selection response carries: the identification information of the standby core network sub-slice instance and the SMF instance information in the standby core network sub-slice instance, or the identification information of the NRF instance serving the standby core network sub-slice instance and the SMF instance information in the standby core network sub-slice instance, etc. ) ...... Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the examined application to have modified Mercian et al. by incorporating JUNCHAO switching to the standby core network sub-slice instance to arrive at the invention The motivation of doing so would have ensured uninterrupted communication services of the core network sub-slice and improved the customer satisfaction (See JUNCHAO [0118]). Regarding claim 6, the combination of Mercian et al. and JUNCHAO et al. teaches the device of claim 5, wherein the operations further comprise: implementing a failover operation corresponding to the redundant core network instance (JUNCHAO [0143] the serving AMF interacts with the SMF instance in the backup core network sub-slice instance to initiate a service session establishment request for the UE) The motivation of doing so would have ensured uninterrupted communication services of the core network sub-slice and improved the customer satisfaction (See JUNCHAO [0118]). Regarding claim 7, the combination of Mercian et al. and JUNCHAO et al. teaches the device of claim 6, wherein implementing the failover operation comprises, based on an operability value associated with the redundant core network instance, selecting the redundant core network instance from among redundant core network instances (JUNCHAO [0049] the second core network slice instance is the backup core network slice). The motivation of doing so would have ensured uninterrupted communication services of the core network sub-slice and improved the customer satisfaction (See JUNCHAO [0118]). . Regarding claim 8, the combination of Mercian et al. and JUNCHAO et al. teaches The device of claim 5, wherein the second communications network comprises the redundant core network instance (Note: obvious design choice). Regarding claim 9, the combination of Mercian et al. and JUNCHAO et al. teaches The device of claim 5, wherein the first communications network comprises the redundant core network instance (Note: obvious design choice).. Regarding claim 12, Mercian et al. teach The method of claim 10, but do not teach further comprising: determining, by the processing system of the first access network equipment and based on the core network instance, a redundant core network instance that enables redundant functionality to the core network instance; and facilitating, by the processing system of the first access network equipment, a failover operation corresponding to the redundant core network instance, wherein the failover operation is triggered in response to a determination that the core network instance is failing to perform according to a defined performance criterion. In a similar endeavor, JUNCHAO et al. teach determining, by the processing system of the first access network equipment and based on the core network instance, a redundant core network instance that enables redundant functionality to the core network instance (JUNCHAO [0142] the NSSF instance discovers that the status of the primary core network sub-slice instance serving the S-NSSAI is abnormal, and returns a core network sub-slice selection response. The core network sub-slice selection response carries: the identification information of the standby core network sub-slice instance and the SMF instance information in the standby core network sub-slice instance, or the identification information of the NRF instance serving the standby core network sub-slice instance and the SMF instance information in the standby core network sub-slice instance, etc.) and facilitating, by the processing system of the first access network equipment, a failover operation corresponding to the redundant core network instance, wherein the failover operation is triggered in response to a determination that the core network instance is failing to perform according to a defined performance criterion (JUNCHAO [0143] the serving AMF interacts with the SMF instance in the backup core network sub-slice instance to initiate a service session establishment request for the UE)) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the examined application to have modified Mercian et al. by incorporating JUNCHAO switching to the standby core network sub-slice instance to arrive at the invention The motivation of doing so would have ensured uninterrupted communication services of the core network sub-slice and improved the customer satisfaction (See JUNCHAO [0118]). Regarding claim 13, the combination of Mercian et al. and JUNCHAO et al. teaches the method of claim 12, wherein determining the redundant core network instance comprises selecting, by the processing system of the first access network equipment and based on a location of the redundant core network instance, the redundant core network instance from among a group of redundant core network instances(JUNCHAO [0049] the second core network slice instance is the backup core network slice). The motivation of doing so would have ensured uninterrupted communication services of the core network sub-slice and improved the customer satisfaction (See JUNCHAO [0118]). Regarding claim 18. The non-transitory machine-readable medium of claim 16, but do not teach wherein the first access network equipment generates a redundant core network instance deliverable based on the core network instance deliverable, and wherein the first access network equipment enables the redundant core network instance deliverable for third access network equipment of the second communications network. In a similar endeavor, JUNCHAO et al. teach wherein the first access network equipment generates a redundant core network instance deliverable based on the core network instance deliverable (JUNCHAO [0142] the NSSF instance discovers that the status of the primary core network sub-slice instance serving the S-NSSAI is abnormal, and returns a core network sub-slice selection response. The core network sub-slice selection response carries: the identification information of the standby core network sub-slice instance and the SMF instance information in the standby core network sub-slice instance, or the identification information of the NRF instance serving the standby core network sub-slice instance and the SMF instance information in the standby core network sub-slice instance, etc.), and wherein the first access network equipment enables the redundant core network instance deliverable for third access network equipment of the second communications network ([0049] the first core network sub-slice instance is the primary core network slice, and the second core network slice instance is the backup core network slice). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the examined application to have modified Mercian et al. by incorporating JUNCHAO switching to the standby core network sub-slice instance to arrive at the invention The motivation of doing so would have ensured uninterrupted communication services of the core network sub-slice and improved the customer satisfaction (See JUNCHAO [0118]). Allowable Subject Matter Claim 2-3, 14-15, and 19-20 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 an examiner’s statement of reasons for allowance: Regarding claim 2, Mercian et al. teach device of claim 1, but fail to teach or suggest wherein the first network corresponds to a national carrier entity, and wherein the second network corresponding to a non-national carrier entity. Regarding claim 3, Mercian et al. do not teach The device of claim 2, wherein the national carrier entity serves greater than approximately one order of magnitude more user equipment than the non-national carrier entity. Regarding claim 14, Mercian et al. teach The method of claim 10, , but fail to teach or suggest wherein the first communications network corresponds to a national carrier entity, and wherein the second communications network corresponds to a non-national carrier entity. Regarding claim 15, Mercian et al. do not teach The method of claim 14, wherein the non-national carrier entity is selected from a group of entities comprising a mobile virtual network operator entity, a sub-national corporate entity, an entity corresponding to a single corporate campus, and an entity corresponding to a residence. Regarding claim 19. Mercian et al. teach The non-transitory machine-readable medium of claim 16, , but fail to teach or suggest wherein the first communications network corresponds to a national carrier entity, and wherein the second communications network corresponds to a non-national carrier entity. Regarding claim 20, Mercian et al. do not teach The non-transitory machine-readable medium of claim 19, wherein the national carrier entity serves greater than approximately one order of magnitude more user equipment than the non-national carrier entity. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAID M ELNOUBI whose telephone number is (571)272-9732. The examiner can normally be reached Monday-Friday 9:30AM to 6:00PM ET. 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, Kathy Wang-Hurst can be reached at 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAID M ELNOUBI/Examiner, Art Unit 2644
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Prosecution Timeline

Oct 31, 2024
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
94%
With Interview (+20.2%)
2y 5m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 434 resolved cases by this examiner. Grant probability derived from career allowance rate.

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