Prosecution Insights
Last updated: October 26, 2026
Application No. 19/101,140

METHOD AND APPARATUS FOR NETWORK PERFORMANCE MANAGEMENT

Non-Final OA §103
Filed
Feb 04, 2025
Priority
Jul 20, 2023 — IN 202241044993 +1 more
Examiner
HUSSAIN, IMAD
Art Unit
2453
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
490 granted / 599 resolved
+23.8% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
13 currently pending
Career history
612
Total Applications
across all art units

Statute-Specific Performance

§101
15.6%
-24.4% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 599 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 . Applicant’s filing dated 02/04/2025 has been received and made of record. Application 19/101,140 is a national stage entry of PCT/KR2023/011568, which claims foreign priority to Indian Application IN202241044993, originally filed 07/20/2023. Claims 1-15 are pending in Application 19/101,140. Claim Objections Claims 1, 7, 8, 13, 14, and 15 are objected to because of the following informalities: “the (IOC) response” should read ”the IOC response”, “an managed object instance” should read “a managed object instance”, “receiving, form the MNO” should read “receiving, from the MNO”, and “receive, form the MNO” should read “receive, from the MNO”. 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. 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. Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Samsung (“pCR TR 28.829 Business use case - MNO exposes Network Performance Monitoring”, 3GPP TSG SA WG5 Meeting #144-e) in view of NRM (“3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Telecommunication management; Generic Network Resource Model (NRM) Integration Reference Point (IRP); Information Service (IS) (Release 17)”, 3GPP TS 28.622 v17.2.0). Regarding claim 1, Samsung discloses A method performed by a mobile network operator (MNO) in a wireless communication system for network performance measurement (Samsung: Title, “MNO exposes Network Performance Monitoring”), the method comprising: receiving, from a distribution system operator (DSO), a request for measuring performance metrics of a cell of a network (Samsung: Sections 6.Y.1-6.Y.2, “The DSO operations engineer is responsible for deploying monitoring and control mechanisms in the network”); generating (Samsung: Sections 6.Y.1-6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided”); and transmitting, to the DSO, the (Samsung: Sections 6.Y.1-6.Y.2, “The reports are delivered according to the above configuration”). Samsung does not explicitly disclose the use of an information object class (IOC). However, NRM teaches the use of an information object class (IOC) (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Samsung and NRM are analogous art in the same field of endeavor as the instant invention as all are drawn to 3GPP technical specifications and implementations. 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; that is, it would have been obvious to incorporate NRM’s IOC into the system of Samsung to allow for compatibility with a widely deployed formalized means of network management and reporting (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Samsung-NRM teaches [Claim 2] The method of The method of wherein the request comprises a threshold value for each of the performance metrics, a cell availability and a network availability, and location information of the cell (Lat/long, TAC, cellid) used to scope the object instance to be monitored (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.16.1, “This IOC represents a threshold monitor for performance metrics…”). Samsung-NRM teaches [Claim 3] The method of claim 1, further comprises transmitting, to the DSO, a notification for threshold crossing for calculated performance metrics, in case that the calculated performance metrics exceed respective threshold values (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.16.1, “This IOC represents a threshold monitor for performance metrics…”). Samsung-NRM teaches [Claim 4] The method of The method of wherein the network performance measurement is based on a network resource model (NRM) configuration (NRM: Title and Section 4.2.1, Figure 4.2.1-4, “Threshold monitoring control NRM fragment”). Samsung-NRM teaches [Claim 5] The method of The method of wherein the performance metrics comprise one or more cell performance measurements and one or more key performance identifiers (KPIs) (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.31.1, “When the performance metric requires performance metric production on multiple managed objects, which is for example the case with KPIs…”). Samsung-NRM teaches [Claim 6] The method of claim 1, further comprises transmitting, to the DSO, a notification for threshold crossing for calculated performance metrics (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.22.1, “To receive notifications, a MnS consumer has to create a NtfSubscriptionControl instance…”). Samsung-NRM teaches [Claim 7] The method of claim 1, further comprising: receiving, from the DSO, a request to create a managed object instance (MOI) for ntfsubscriptioncontrol IOC to subscribe for notify threshold crossing notification (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.22.1, “To receive notifications, a MnS consumer has to create a NtfSubscriptionControl instance…”). Regarding claim 8, Samsung discloses A method performed by a distribution system operator (DSO) in a wireless communication system for network performance measurement (Samsung: Title, “MNO exposes Network Performance Monitoring”, and Sections 6.Y.1-6.Y.2, “The DSO operations engineer is responsible for deploying monitoring and control mechanisms in the network”), the method comprising: measuring performance metrics of a cell of a network (Samsung: Sections 6.Y.1-6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided”); and receiving, from the MNO, (Samsung: Sections 6.Y.1-6.Y.2, “The reports are delivered according to the above configuration”). Samsung does not explicitly disclose the use of an information object class (IOC). However, NRM teaches the use of an information object class (IOC) (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Samsung and NRM are analogous art in the same field of endeavor as the instant invention as all are drawn to 3GPP technical specifications and implementations. 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; that is, it would have been obvious to incorporate NRM’s IOC into the system of Samsung to allow for compatibility with a widely deployed formalized means of network management and reporting (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Samsung-NRM teaches [Claim 9] The method of claim 8,wherein the request comprises a threshold value for each of the performance metrics, a cell availability and a network availability, and location information of the cell (Lat/long, TAC, cellid) used to scope the object instance to be monitored, and wherein the network performance measurement is based on an NRM configuration (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.16.1, “This IOC represents a threshold monitor for performance metrics…”, Title and Section 4.2.1, Figure 4.2.1-4, “Threshold monitoring control NRM fragment”). Samsung-NRM teaches [Claim 10] The method of claim 8, further comprises receiving, from the MNO, a notification for threshold crossing for calculated performance metrics, in case that the calculated performance metrics exceed respective threshold values (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.16.1, “This IOC represents a threshold monitor for performance metrics…”). Samsung-NRM teaches [Claim 11] The method of The method of wherein the performance metrics comprise one or more cell performance measurements and one or more key performance identifiers (KPIs) (Samsung: Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.31.1, “When the performance metric requires performance metric production on multiple managed objects, which is for example the case with KPIs…”). Samsung-NRM teaches [Claim 12] The method of claim 8, further comprising: receiving, from the MNO, a notification for threshold crossing for calculated performance metrics (Samsung: Title, “MNO”, and Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.22.1, “To receive notifications, a MnS consumer has to create a NtfSubscriptionControl instance…”). Samsung-NRM teaches [Claim 13] The method of claim 8, further comprises transmitting, to the MNO, a request to create a managed object instance (MOI) for ntfsubscriptioncontrol IOC to subscribe for notify threshold crossing notification (Samsung: Title, “MNO”, Section 6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided. The interface provides a means by which the alarms can be configured, including frequency and parameters to report”, and associated table; NRM: Section 4.3.22.1, “To receive notifications, a MnS consumer has to create a NtfSubscriptionControl instance…”). Regarding claim 14, Samsung discloses A mobile network operator (MNO) in a wireless communication system for network performance measurement (Samsung: Title, “MNO exposes Network Performance Monitoring”), the MNO comprising: a transceiver configured to transmit and receive a signal (Samsung: Title, “MNO exposes Network Performance Monitoring”; inherent in the mobile network); and a processor coupled to the transceiver, wherein the processor is configured (Samsung: Title, “MNO exposes Network Performance Monitoring”; inherent in the mobile network) to: receive, from a distribution system operator (DSO), a request for measuring performance metrics of a cell of a network (Samsung: Sections 6.Y.1-6.Y.2, “The DSO operations engineer is responsible for deploying monitoring and control mechanisms in the network”), generate (Samsung: Sections 6.Y.1-6.Y.2, “The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided”), and transmit, to the DSO, the (Samsung: Sections 6.Y.1-6.Y.2, “The reports are delivered according to the above configuration”). Samsung does not explicitly disclose the use of an information object class (IOC). However, NRM teaches the use of an information object class (IOC) (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Samsung and NRM are analogous art in the same field of endeavor as the instant invention as all are drawn to 3GPP technical specifications and implementations. 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; that is, it would have been obvious to incorporate NRM’s IOC into the system of Samsung to allow for compatibility with a widely deployed formalized means of network management and reporting (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Regarding claim 15, Samsung discloses A distribution system operator (DSO) in a wireless communication system for network performance measurement (Samsung: Sections 6.Y.1-6.Y.2, “The DSO operations engineer is responsible for deploying monitoring and control mechanisms in the network”), the DSO comprising: a transceiver configured to transmit and receive a signal (Samsung: Sections 6.Y.1-6.Y.2, “The DSO operations engineer is responsible for deploying monitoring and control mechanisms in the network”; the transceiver is inherent in the wireless mobile communication system); and a processor coupled to the transceiver, wherein the processor is configured (Samsung: inherent in the MNO) to: transmit, to a mobile network operator (MNO) (Samsung: Title, “MNO exposes Network Performance Monitoring”), a request for measuring performance metrics of a cell of a network (Samsung: Sections 6.Y.1-6.Y.2, “The DSO operations engineer is responsible for deploying monitoring and control mechanisms in the network… The DSO network operations center engineer, using the exposed monitoring mechanism interface, can request which metrics, under which conditions, will be provided”), and receive, from the MNO, (Samsung: Sections 6.Y.1-6.Y.2, “The reports are delivered according to the above configuration”). Samsung does not explicitly disclose the use of an information object class (IOC). However, NRM teaches the use of an information object class (IOC) (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Samsung and NRM are analogous art in the same field of endeavor as the instant invention as all are drawn to 3GPP technical specifications and implementations. 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; that is, it would have been obvious to incorporate NRM’s IOC into the system of Samsung to allow for compatibility with a widely deployed formalized means of network management and reporting (NRM: Section 3.1, “Information Object Class (IOC)… describes information that can be passed/used in management interfaces”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Abdelkader (US 2023/0024320 A1) describes a network communication system using an NtfSubscriptionControl IOC instance for network management and reporting. Gautam (US 2023/0024320 A1) describes a cellular network that uses IOC to target network functions from which to collect performance metrics and to apply threshold-based notifications. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMAD HUSSAIN whose telephone number is (571)270-3628. The examiner can normally be reached Monday-Friday 0900-1700 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, Kamal Divecha can be reached at (571) 272-5863. 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. /IMAD HUSSAIN/Primary Examiner, Art Unit 2453
Read full office action

Prosecution Timeline

Feb 04, 2025
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §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
82%
Grant Probability
98%
With Interview (+15.9%)
3y 1m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 599 resolved cases by this examiner. Grant probability derived from career allowance rate.

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