Prosecution Insights
Last updated: July 17, 2026
Application No. 18/990,204

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Dec 20, 2024
Priority
Jun 24, 2022 — CN 202210731521.9 +2 more
Examiner
SISON, JUNE Y
Art Unit
2455
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
328 granted / 473 resolved
+11.3% vs TC avg
Strong +35% interview lift
Without
With
+35.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
14 currently pending
Career history
489
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
95.0%
+55.0% vs TC avg
§102
0.8%
-39.2% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 473 resolved cases

Office Action

§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 Objections Claim 14 is objected to because of the following informalities: Claim 14 is improperly dependent on claim 15 (see MPEP 608.01(i): 37 C.F.R. 1.75(c) One or more claims may be presented in dependent form, referring back to and further limiting another claim or claims in the same application). Appropriate correction is required. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2021/0352156 to Kim et al. (“Kim-156”) in view of U.S. Patent Publication No. 2023/0412698 to Kim et al. (“Kim-698”). As to claim 1, Kim-156 discloses a communication method (Kim-156: fig 1-9), wherein the method comprises: sending a request message to an edge configuration server, wherein the request message is used to request information about an edge enabler server (EES) (Kim-156: fig 1-9, [0009-149]: see fig 5 block 518 ‘target EES info request/response’ to ECS 30 ... accordingly, the ECS 30 may perform selection of the target EES through comparison of the stored service area and connection point of another EES with identified DNAI values ... accordingly, the ECS 30 can finally transfer the selected target EES related information e.g., an ID and an address to the existing first EES 100 [0115]); receiving a response message from the edge configuration server (ECS) (Kim-156: fig 1-9, [0009-149]: see fig 5 block 518 ‘target EES info request/response’ to ECS 30 ... accordingly, the ECS 30 may perform selection of the target EES through comparison of the stored service area and connection point of another EES with identified DNAI values ... accordingly, the ECS 30 can finally transfer the selected target EES related information e.g., an ID and an address to the existing first EES 100 (receiving a response message from the edge configuration server) [0115]), wherein the response message comprises information about at least one edge enabler server and status information of a first edge application server respectively corresponding to the at least one edge enabler server (Kim-156: fig 1-9, [0009-149]: fig 5 ... at operation 520, the first EES 100 may transfer the user equipment related information and edge application server (information about at least one edge enabler server) to the target EES 200 based on the target EES information (... respectively corresponding to the at least one edge enabler server ...) provided from the ECS 30 (response message), a UE ID, an EEC ID, an app client ID, and an EAS ID [0016] ... EAS information retrieved according to performing of operation 522 and time to live for the corresponding information (status information) [0118] ... and notification (response message) for dynamic information message may include retrieved information of the target EES 200, information e.g., an ID and an address of a new EAS 201, an app client ID connectable to the corresponding EAS 201, and EAS info time-to-live (status information) (see with [0016;118] above - wherein the response message comprises information about at least one edge enabler server and status information of a first edge application server respectively corresponding to the at least one edge enabler server) [0119]); determining one first edge enabler server based on the status information of the first edge application server respectively corresponding to the at least one edge enabler server (Kim-156: fig 1-9, [0009-149]: ... a first EES 100 may determine the notification transfer target user equipment based on the information included in the EAS info change event notification message from the EAS 101 (determining one first edge enabler server based on the status information of the first edge application server ...) at operation 516, and may perform interlocking with the edge configuration server (ECS) 30 to retrieve the information to be transferred to the corresponding user equipment ... for example, conditions for first EES to interlock with ECS 30 ... [0111] ... in case that the first EES 100 detects an event in which the user equipment 50 deviates from the EES service area, or detects the DNAI change just before operation 518 (... respectively corresponding to the at least one edge enabler server) [0114] ... accordingly, the ECS 30 may perform selection of the target EES through comparison of the stored service area and connection point of another EES with identified DNAI values (see with [0111;114] above - determining one first edge enabler server based on the status information of the first edge application server respectively corresponding to the at least one edge enabler server) [0115]). Kim-156 did not explicitly disclose wherein a status of a first edge application server corresponding to the first edge enabler server is an instantiable but not yet instantiated state. Kim-698 discloses wherein a status of a first edge application server corresponding to the first edge enabler server is an instantiable but not yet instantiated state (Kim-698: fig 1-6, [0010-108]: fig 1-2 .... In step 1, a UE/EEC 210 may transmit a service provisioning request message to an ECS A 220 [0039] ... ECS A 220 may receive an instantiable EAS list response message in response to the instantiable EAS list request message from the EESs (e.g., EES A 230) to which the UE 210 is accessible [0042]). Kim-156 and Kim-698 are analogous art because they are from the same field of endeavor with respect to edge computing services. Before the effective filing date, for AIA , it would have been obvious to a person of ordinary skill in the art to incorporate the strategies by Kim-698 into the method by Kim-156. The suggestion/motivation would have been to support federation or edge node sharing (Kim-698: [0031]) and receive/provide instantiable EAS list response message (Kim-698: [0042]). As to claim 2, see similar rejection to claim 1 where the method is taught by the method. As to claim 2, Kim-156 and Kim-698 further disclose wherein the status information of the first edge application server respectively corresponding to the at least one edge enabler server is useable to indicate that the first edge application server is in an instantiated state or in the instantiable but not yet instantiated state (Kim-698: fig 1-6, [0010-108]: fig 1-2 ... ECS A 220 may transmit, to EESs which the UE 210 is able to access e.g., EES A 230, a request message to identify whether the EAS (EAS capable of providing service to the corresponding AC) conforming to the AC information provided by the UE 210 is running (wherein the status information of the first edge application server respectively corresponding to the at least one edge enabler server is useable to indicate that the first edge application server is useable to indicate that the first edge application server is in an instantiated state ...) or instantiation thereof is possible (... or in the instantiable but not yet instantiated state) [0042]). For motivation, see rejection of claim 1. As to claim 3, see similar rejection to claims 1-2. As to claim 3, Kim-156 and Kim-698 further disclose determining, based on the status information of the first edge application server respectively corresponding to the at least one edge enabler server, that a first edge application server having a status that is the instantiated state fails to exist (Kim-156: fig 1-9, [0009-149]: ... examples of execution conditions for first EES 100 to interlock with ECS 30 are as follows [0111] ... (i) In case that the EAS info change event message includes that the EAS is in an unavailable status (determining, based on the status information of the first edge application server ... that a first edge application server having a status that is the instantiated state fails to exist) and an additional EAS instantiation is not possible in a platform to which the EES 100 and the EAS 101 currently belong (determining, based on the status information of the first edge application server respectively corresponding to the at least one edge enabler server, that a first edge application server having a status that is the instantiated state fails to exist) [0112]). For motivation, see rejection of claim 1. As to claim 4, see similar rejection to claims 1-3. As to claim 4, Kim-156 and Kim-698 further disclose selecting the one first edge enabler server from one or more edge enabler servers corresponding to a first edge application server in the instantiable but not yet instantiated state (Kim-698: fig 1-6, [0010-108]: fig 1-2 ... ECS 120 knows deployment information about the EESs 110, and may perform a function of transferring configuration information ( edge data network configuration information) for using an edge computing service to the UE 160 (selecting the one first ... second ... n edge enabler server(s) from one or more edge enabler servers ...) [0034] ... instantiable EAS list request message transmitted by the ECS to the EESs (corresponding to a 1st 2nd ... n edge application server(s) in the instantiable but not yet instantiated state) may include a UE identifier and AC information and may be transmitted in the form of an existing EAS discovery request message (see with [0034] above - selecting the one selecting the first ... second ... n edge enabler server(s) from one or more edge enabler servers corresponding to a 1st 2nd ... n edge application server(s) in the instantiable but not yet instantiated state) [0042]). For motivation, see rejection of claim 1. As to claim 5, see similar rejection to claims 1-4. As to claim 5, Kim-156 and Kim-698 further disclose determining, based on the status information of the first edge application server respectively corresponding to the at least one edge enabler server, one second edge enabler server other than the first edge enabler server in response to instantiation of the first edge application server corresponding to the first edge enabler server failing (Kim-698: fig 1-6, [0010-108]: fig 1-2 ... ECS A 220 may identify information on the currently running EAS by comparing an EAS ID list in an EES profile provided from the EES(s) accessible from the current location of the UE 210 with the AC information provided by the UE 210 (determining, based on the status information of the first edge application server respectively corresponding to the at least one edge enabler server ...) and in case that information on the EAS running in this stage is unable to be identified (... in response to instantiation of the first edge application server corresponding to the first edge enabler server failing ...) in the ECS, the ECS A 220 may identify whether a subscriber of the UE 210 hosting the EEC 210 supports a federation (edge node sharing) service [0041]), wherein the status of the first edge application server corresponding to the second edge enabler server is the instantiable but not yet instantiated state (Kim-698: fig 1-6, [0010-108]: fig 1-2 ... ECS 120 knows deployment information about the EESs 110, and may perform a function of transferring configuration information ( edge data network configuration information) for using an edge computing service to the UE 160 (wherein the status of the 1st 2nd ... n edge application server(s) corresponding to the 2nd 3rd ... n edge enabler server(s) is the instantiable but not yet instantiated state) [0034] ... instantiable EAS list request message transmitted by the ECS to the EESs (corresponding to the 2nd 3rd ... n edge enabler server(s) is the instantiable but not yet instantiated state) may include a UE identifier and AC information and may be transmitted in the form of an existing EAS discovery request message (see with [0034] above - wherein the status of the 1st 2nd ... n edge application server(s) corresponding to the 2nd 3rd ... n edge enabler server(s) is the instantiable but not yet instantiated state) [0042]). For motivation, see rejection of claim 1. As to claim 6, see similar rejection to claims 1-5. As to claim 6, Kim-156 and Kim-698 further disclose selecting one or more edge enabler servers from one or more edge enabler servers corresponding to the first edge application server in the instantiated state in response to the status information of the first edge application server respectively corresponding to the at least one edge enabler server comprises that the status of the first edge application server is the instantiated state (Kim-156: fig 1-9, [0009-149]: ... first EES 100 or the EAS 101 may detect the location of the user equipment or the occurrence of an UP path management event (status of the first edge application server is the instantiated state) e.g., DNAI change of the user equipment through the interlocking with the 3GPP network and transfer the changed location of the user equipment and a new target DNAI value to the ECS 30 and, accordingly, the ECS 30 may perform selection of the target EES through comparison of the stored service area and connection point of another EES with identified DNAI values (selecting one or more edge enabler servers from one or more edge enabler servers corresponding to the first edge application server in the instantiated state in response to the status information of the first edge application server respectively corresponding to the at least one edge enabler server comprises that the status of the first edge application server is the instantiated state) and in fig 5, it is assumed that the second EES 200 as described above with reference to fig 1 is selected as the target EES and, accordingly, the ECS 30 can finally transfer the selected target EES related information e.g., an ID and an address) to the existing first EES 1 (selecting one or more edge enabler servers from one or more edge enabler servers corresponding to the first edge application server in the instantiated state in response to the status information of the first edge application server respectively corresponding to the at least one edge enabler server comprises that the status of the first edge application server is the instantiated state) [0115]). For motivation, see rejection of claim 1. As to claim 7, see similar rejection to claims 1-6. As to claim 7, Kim-156 and Kim-698 further disclose herein after the determining the one first edge enabler server, the method further comprises: sending an edge application server discovery request message to the one first edge enabler server (Kim-156: fig 1-9, [0009-149]: fig 2 at operation 230, the edge enabler client (EEC) 52 in the user equipment 50 may transmit an edge application server (EAS) discovery request message to the edge enabler server (EES) 100 in order to retrieve information about the edge application server that can provide a service to the application client 53 in the user equipment 50 [0059]). For motivation, see rejection of claim 1. As to claim 8, see similar rejection to claims 1-7. As to claim 8, Kim-156 and Kim-698 further disclose wherein the method is performed by at least an edge enabler client (Kim-156: fig 1-9, [0009-149]: fig 2 at operation 230, the edge enabler client (EEC) 52 in the user equipment 50 may transmit an edge application server (EAS) discovery request message to the edge enabler server (EES) 100 in order to retrieve information about the edge application server that can provide a service to the application client 53 in the user equipment 50 [0059]). For motivation, see rejection of claim 1. As to claim 9, see similar rejection to claims 1-8. As to claim 9, Kim-156 and Kim-698 further disclose wherein the request message comprises at least an identifier of the first edge application server (Kim-156: fig 1-9, [0009-149]: ... EEC 52, at operation 336, may perform an EAS discovery request or an application context relocation request with respect to the corresponding EAS ID (wherein the request message comprises at least an identifier of the first edge application server) or app client ID for which the corresponding EAS provides the service [0086]). For motivation, see rejection of claim 1. As to claim 10, see similar rejection to claims 1-9. As to claim 10, Kim-156 and Kim-698 further disclose wherein the request message is an edge enabler server discovery request message, and the response message is an edge enabler server discovery response message (Kim-156: fig 1-9, [0009-149]: fig 3B illustrates a signal flowchart with a MEC network in case that user equipment performs discovery of an edge enabler server in a MEC system according to various embodiments of the disclosure [0075] ... for example, the user equipment performing the EEC registration or EAS discovery with respect to the EES 100 (see with [0075] above - the request message is an edge enabler server discovery request message) and having received the corresponding EAS information provided through the response message (see with [0075] above - the response message is an edge enabler server discovery response message) [0083]). For motivation, see rejection of claim 1. As to claims 11-20, see similar rejection to claims 1-10, respectively, where the apparatus is taught by the method. Conclusion The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. A) US 20260075471 – Hu A communication method and a communication apparatus, wherein the method includes: A second edge enabler server EES or an edge enabler client EEC sends first indication information, and correspondingly, an edge configuration server ECS receives the first indication information. The ECS determines, based on the first indication information, an EES corresponding to a target EAS of application context relocation corresponding to an application. B) US 20250227442 – Zhang This application provides example communication methods and apparatuses. One example method includes receiving, by a first entity, a first request sent by a second entity, where the first request includes a first application programming interface (API) requested by the second entity. It is determined, from pre-stored first API information, that the first API is unavailable, where the first API information includes availability of multiple APIs, and the multiple APIs include the first API. A second request is sent to a network management system to request to instantiate an API provider entity corresponding to the first API. A first response is received from the network management system, where the first response comprises interface information of the first API. C) US 20230239343 – Ge This application discloses a method for dynamically triggering instantiation of an edge application server, and an apparatus. The method includes: A first device receives first information, where the first information is for requesting information about an edge application server of a first application, or is for requesting information about a first edge enabler server, where the first edge enabler server is configured to provide information about an edge application server of a first application; and the first device requests, based on the first information, an edge application server management function entity to instantiate the edge application server of the first application. In embodiments of this application, the edge application server is instantiated based on a user requirement, so that dynamic scheduling and flexible use of a resource are improved, and quality of service experience of an edge application is improved. D) US 20260006099 – Gautam The disclosure relates to a 5G or 6G communication system for supporting a higher data transmission rate. Embodiment herein provide a method performed by a service provider (SP) in an edge network. The method comprises transmitting, to an edge enabler server (EES), a request message for edge application server (EAS) discovery failure performance measurement; receiving, from the EES, a response message including at least one parameter associated with the EAS discovery failure performance measurement; determining whether an instantiation of the EAS is needed or not based on the at least one parameter; and performing instantiation of the EAS in case that the instantiation of the EAS is needed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUNE SISON whose telephone number is (571)270-5693. The examiner can normally be reached 9:00 am - 5:00 pm. 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, Emmanuel Moise can be reached at 571-272-3865. 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. /JUNE SISON/Primary Examiner, Art Unit 2455
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Prosecution Timeline

Dec 20, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+35.4%)
3y 3m (~1y 8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 473 resolved cases by this examiner. Grant probability derived from career allowance rate.

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