Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Restriction
2. In the response, filed 6/8/2026, applicant has elected to prosecute the invention of Group I, claims 1-12 and 34. Claims 13-20 and 38 are withdrawn from further consideration by the examiner (see 37 CFR 1.142(b)), as being drawn to a non-elected invention. Applicant is required to cancel non-elected invention in the next correspondence.
Art Rejection
3. 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 of this title, 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.
4. 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.
5. Claims 1-12 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, U.S. pat. Appl. Pub. No. 2023/0308903, in view of Karampatsis, U.S. pat. Appl. Pub. No. 2023/0217360.
Per claim 1, Kim discloses a computer implemented method for a network data analytics function (NWDAF) configured to assist splitting of artificial intelligence/machine learning (AI/ML) operations between a user equipment (UE) and a processing network that are operably coupled via the communication network (see par 0143, 0181), the method comprising:
a) receiving, from a network function (NF) or an application function (AF) associated with the communication network, a request for a processing entity (PE) performance analytic associated with the processing network (see par 0244), wherein the processing network comprises a plurality of PEs, e.g., network endpoints/nodes (see par 0144);
b) obtaining information from the UEs and the PEs, e.g., network nodes (see par 0144);
c) computing the PE performance analytic based on the obtained information, e.g., NF load analytics, network performance analytics (see par 0247-0248); and
d) sending the computed PE performance analytic to the NF or AF, in accordance with the request (see par 0256).
Kim does not explicitly teach that the obtained information includes communication performance between the PEs in the processing network. Karampatsis however discloses a typical NWDAF that collects communication performance from PEs in the processing network in order to derive the analytics (see Karampatsis, par 0050-0051).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize such data collection of communication performance between the PEs in Kim because it would have enabled generating network performance analytics by the NWDAF (see par 0247-0248).
Per claims 2-3, Karampatsis teaches that the performance analytics includes prediction of communication performance between UE and PE in the processing network (see par 0067).
Per claim 4, Kim teaches splitting AI/ML operations between UE and the processing network including offloading computation-intensive operations to network endpoint, i.e., PE, while performing privacy and latency sensitive operations at the UE (see par 0181). On the other hand, Karampatsis teaches that the analytics comprises recommendation for one or more PEs to provide service at the UE location (see Karampatsis, par 0070).
It would have been obvious to one skilled in the art to recognize that the recommended PEs would be used to implement the split AI/ML operation (see Kim, par 0181).
Per claims 5-7, Kim teaches that the request for the PE performance analytic includes analytics identifier (see par 0246).
Per claim 8, Kim teaches the NF or AF comprises NEF coupled to AI/ML server (see par 0224).
Per claims 9-10, Karampatsis teaches sending to NF or AF a subscription request for PE information related to the requested PE performance analytic (see par 0090-0091), and receiving from the NF or AF a notification including information in accordance with the subscription request (see par 0095).
Per claim 11, Karampatsis teaches that obtaining PE resource availability that indicates processing resource available at the PE, i.e., identifying PE capable of providing performance data (see par 0124).
Per claims 12, Kim teaches computing PE performance analytic based on information obtained from one or more NFs of the communication networks (see par 0144, 0248).
Per claim 34, Kim teaches utilizing and configuring NWDAF to assist implementation of splitting of AI/ML operations between UE and processing network (see par 0144, 0213).
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Viet Vu whose telephone number is 571-272-3977. The examiner can normally be reached on Monday through Thursday from 8:00am to 6:00pm. The Group general information number is 571-272-2400. The Group fax number is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Emmanuel Moise, can be reached at 571-272-3865.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Viet D Vu/
Primary Examiner, Art Unit 2455
7/6/26
Prosecution Insights