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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/12/2025 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 13, 29, and 31, is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0015311 A1), in view of Buckley et al. (US 2019/0174282 A1).
Regarding claims 1, Kim discloses:
an apparatus (fig.26 element 2621) comprising at least one processor (fig.26 element 2621) and at least one memory storing computer program code (fig.26 element 2622), the at least one memory and the computer program code configured to, with the at least one processor (par.[0643] describes the collaboration among the components of the apparatus), cause the apparatus to:
perform a method comprising:
sending from a user equipment (UE) (fig.11 depicts a user equipment) to a network entity (fig.11 depicts a plurality of network entities) of a communication system (fig.11 depicts a communications system), a control plane service request message (fig.11 depicts in element 1 the UE forwarding a service request message, over the control plane, as the UE sends the service request message to the AMF which), wherein the service request message is sent from the UE to the network entity (fig.11 depicts the service request being sent from the UE to the network entity, i.e. the AMF, par.[0241] which recites, in part, “the UE triggered Service Request procedure firstly in order to establish a NAS signaling connection to the AMF.”) while the UE is in an idle mode over third generation partnership project (3GPP) access (par.[0241] which describes the UE being in CM_IDLE. The office notes that CM_IDLE corresponds 3GPP IDLE and 5GMM_IDLE, see par.[0232]);
while remaining in the idle mode of the UE (as discussed above the UE is sending a service request while in the IDLE mode to the network. The transmission of the service request is performed while the UE is in the IDLE state, par.[0241]) starting a timer (par.[0012] describes starting a timer when performing the transmission to the network) and entering a 5GMM service request initiated state (par.[0320] describes the UE initiating the service request with the network while the UE is in the CM-IDLE state. The CM-IDLE state corresponding to the 5GMM_IDLE state, thus, when the UE transmits the service request to the network the UE is in the 5GMM service request initiated state as the UE has initiated the service); and
initiating transfer of user data, to the network entity via the control plane (fig.11 which depicts the transmission of uplink data in an uplink NAS message, par.[0270]), comprising a short message service (SMS) message (fig.12 depicts the UE forwarding the service request with the indication that the message is for SMS, fig.11 element 2a Uplink NAS (SMS body) par.[0241 – 0242]) and a one or more protocol data unit (PDU) session identification (Table-1 and par.[0432] describe the UL NAS Transport Message with the PDU session ID);
receiving a service accept message from the network entity (par.[0558] describes the AMF forwarding the service accept message to the UE); and
in response to the service accept message, changing a mode of the UE from the idle mode to a connected mode (par.[0320] which teaches that when the UE initiates service the UE may enter the 5GMM/CM-Connected mode when the service request procedure is completed. That is, when the UE receives a service accept as shown in fig.12 the UE may transition to the connected mode).
While the disclosure of Kim teaches transmitting a service request message over the control for the purpose of transmitting uplink data, it does not explicitly disclose:
wherein the user data comprises cellular internet-of-things (CIoT) user data sent in one or more CIoT payload containers in the control plane service message.
In an analogous art, the disclosure of Buckley teaches:
wherein the user data comprises cellular internet-of-things (CIoT) user data (par.[0002] describes CIoT, MTC, M2M, scenario wherein devices send infrequent small amounts of data, and the utilization of SMS for this purpose. That is, the CIoT device may use SMS transport to transmit the small data) sent in one or more CIoT payload containers in the control plane service message (fig.25 depicts the CIoT Message container, i.e. a CIoT Payload container, par.[0223 – 0224])
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Kim for transmitting uplink data over the control plane, with the disclosure of Buckley which teaches uplink transport message for uplink data transmission over the control plane. The motivation/suggestion would have been to quickly transmit uplink data without first establishing a network connection (e.g. RRC_CONNECTED), which reduces the time needed for a device to transmit a data, when the devices such as CIoT, MTC, M2M, device transmit relatively small amounts of data as discussed in par.[0002] of Buckley above.
Regarding claims 13, Kim discloses:
A user equipment (UE) (fig.26 element 2621) comprising at least one processor (fig.26 element 2621) and at least one memory storing computer program code (fig.26 element 2622), the at least one memory and the computer program code configured to, with the at least one processor (par.[0643] describes the collaboration among the components of the apparatus), cause the UE to:
perform a method comprising:
sending from the user equipment (UE) (fig.11 depicts a user equipment) to a network entity (fig.11 depicts a plurality of network entities) of a communication system (fig.11 depicts a communications system), via a control plane, a control plane service request message (fig.11 depicts in element 1 the UE forwarding a service request message, over the control plane, as the UE sends the service request message to the AMF which), wherein the control plane service request message is sent from the UE to the network entity (fig.11 depicts the service request being sent from the UE to the network entity, i.e. the AMF, par.[0241] which recites, in part, “the UE triggered Service Request procedure firstly in order to establish a NAS signaling connection to the AMF.”) while the UE is in an idle mode over third generation partnership project (3GPP) access (par.[0241] which describes the UE being in CM_IDLE. The office notes that CM_IDLE corresponds 3GPP IDLE and 5GMM_IDLE, see par.[0232]);
while remaining in the idle mode of the UE (as discussed above the UE is sending a service request while in the IDLE mode to the network. The transmission of the service request is performed while the UE is in the IDLE state, par.[0241]) starting a timer (par.[0012] describes starting a timer when performing the transmission to the network) and entering a 5GMM service request initiated state (par.[0320] describes the UE initiating the service request with the network while the UE is in the CM-IDLE state. The CM-IDLE state corresponding to the 5GMM_IDLE state, thus, when the UE transmits the service request to the network the UE is in the 5GMM service request initiated state as the UE has initiated the service and started the timer); and
initiating transfer of user data, to the network entity via the control plane (fig.11 which depicts the transmission of uplink data in an uplink NAS message, par.[0270]), and a protocol data unit (PDU) session identification in one or more payload containers in the control plane service message (Table-1 and par.[0432] describe the UL NAS Transport Message with the PDU session ID, the uplink NAS transport message being a control plane service message), or the user data comprises a payload container type of short message service (SMS) sent in one or more payload containers in the control plane service message (par.[0250] which recites, in part, “ the UE needs to transport the SMS over the NAS, the UE may send the Payload Type and SMS Payload in the initial NAS message” and par.[0405] which recites, in part, “the UE needs to transport the SMS over the NAS, the UE may send the Payload Type and SMS Payload in the initial NAS message” par.[0459] describes the payload container type disclosing the type of payload in the container, thus, when SMS is transmitted the payload container type IE would be set to SMS).
receiving a service accept message from the network entity (par.[0558] describes the AMF forwarding the service accept message to the UE); and
in response to the service accept message, changing a mode of the UE from the idle mode to a connected mode (par.[0320] which teaches that when the UE initiates service the UE may enter the 5GMM/CM-Connected mode when the service request procedure is completed. That is, when the UE receives a service accept as shown in fig.12 the UE may transition to the connected mode).
While the disclosure of Kim teaches transmitting a service request message over the control for the purpose of transmitting uplink data, it does not explicitly disclose:
wherein the user data comprises cellular internet-of-things (CIoT) user data sent in one or more CIoT payload containers in the control plane service message.
In an analogous art, the disclosure of Buckley teaches:
wherein the user data comprises cellular internet-of-things (CIoT) user data (par.[0002] describes CIoT, MTC, M2M, scenario wherein devices send infrequent small amounts of data, and the utilization of SMS for this purpose. That is, the CIoT device may use SMS transport to transmit the small data) sent in one or more CIoT payload containers in the control plane service message (fig.25 depicts the CIoT Message container, i.e. a CIoT Payload container, par.[0223 – 0224])
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Kim for transmitting uplink data over the control plane, with the disclosure of Buckley which teaches uplink transport message for uplink data transmission over the control plane. The motivation/suggestion would have been to quickly transmit uplink data without first establishing a network connection (e.g. RRC_CONNECTED), which reduces the time needed for a device to transmit a data, when the devices such as CIoT, MTC, M2M, device transmit relatively small amounts of data as discussed in par.[0002] of Buckley above.
Regarding claims 29 and 31, the disclosure of Kim teaches:
While the UE is in the idle mode, starting a timer and entering into a 5GMM service request initiated state and initiating transfer of user data to the network entity via the control plane (par.[0320] describes the UE initiating the service request with the network while the UE is in the CM-IDLE state. The CM-IDLE state corresponding to the 5GMM_IDLE state, thus, when the UE transmits the service request to the network the UE is in the 5GMM service request initiated state as the UE has initiated the service and started the timer, par.[0012]).
Claim(s) 21-22 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0015311 A1), in view of Buckley et al. (US 2019/0174282 A1) as applied to claims 1 and 13 above, and further in view of Kim (US 2019/0053034 A1), hereinafter known as Kim-2.
Regarding claims 21 and 25, Kim and Buckley discloses the limitations of claim 1, but do not disclose:
sending a second service request message, wherein the second service request message is sent from the UE to the network entity in response to the UE being in a connected mode over third generation partnership project (3GPP) access and the UE receiving a paging request from the network entity.
In analogous art, the disclosure of Kim-2 teaches:
sending a second service request message, wherein the second service request message is sent from the UE to the network entity in response to the UE being in a connected mode over third generation partnership project (3GPP) access and the UE receiving a paging request from the network entity (par.[0169] describes the service request procedure from the EMM_IDLE to the EMM_CONNECTED. Par.[0170] describes the reasons why the UE may invoke the service request procedure. Par.[0179] wherein the UE may be in the IDLE or CONNECTED state and receives a paging request over CDMA-2000).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Kim for transmitting uplink data over the control plane, with the disclosure of Buckley which teaches uplink transport message for uplink data transmission over the control plane, with Kim-2 which also teaches a method for transmitting uplink data over the control plane. The motivation/suggestion would have been to quickly transmit uplink data with reduced resource overhead.
Regarding claims 22 and 26, Kim discloses:
sending a second service request message, wherein the second service request message is sent from the UE to the network entity in response to the UE being in the connected mode, or in the connected mode with a radio resource control (RRC) inactive indication, and having user data pending due to no user-plane resources being established for one or more protocol data unit (PDU) sessions used for user data transport (par.[0170] which describes the reasons why the UE may transmit a service request message. Par.[0180] describes the UE sending the service request message based on pending information and the UE can be in IDLE or CONNECTED).
Claim(s) 23-24 and 27-28, is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0015311 A1), in view of Buckley et al. (US 2019/0174282 A1) as applied to claims 1 and 13 above, and further in view of Kim et al. (US 2019/0007992 A1) hereinafter known as Kim-3.
Regarding claims 23 and 27, the combination of Kim and Buckley disclose reasons and methods for transmitting a service request message to the network, but does not disclose:
sending a second service request message, wherein the second service request message is sent from the UE to the network entity in response to the UE being in the idle mode over non- 3GPP access and receiving an indication from lower layers of the non-3GPP access, wherein an access stratum connection is established between the UE and the network entity.
In an analogous art, the disclosure of Kim-3 teaches:
sending a second service request message, wherein the second service request message is sent from the UE to the network entity in response to the UE being in the idle mode over non- 3GPP access and receiving an indication from lower layers of the non-3GPP access, wherein an access stratum connection is established between the UE and the network entity (par.[0013] describes a UE being in IDLE state over 3GPP and non-3GPP access, the UE can transmit a service request message. Par.[0555] describes the UE being paged for non-3GPP access PDU sessions. This would cause the non-3GPP access lower layers to indicate the paging to the upper layer, and the service request would result in AS signaling between the UE and non-3GPP access (see e.g. “If the AMF device receives a service request message from the UE over the non-3GPP access (e.g., since the UE successfully connects to the non-3GPP access),”. That is, the UE creates AS connection with non-3GPP access).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Kim and Buckley for transmitting a service request message with the disclosure of Kim-3 for transmitting a service request message. The motivation/suggestion would have been to reduce power consumption at the UE and support enhanced quality of service between the UE and the network.
Regarding claims 24 and 28, Kim-3 discloses:
sending a second service request message, wherein the second service request message is sent from the UE to the network entity in response to the UE being in the idle mode over 3GPP access and receiving a notification from the network entity with access type indicating 3GPP access when the UE is in the connected mode over non-3GPP access (par.[0558] describes a UE receiving a NAS notification for 3GPP access when the UE is in IDLE over 3GPP access but in connected over the non-3GPP access forwarding a service request message to the network).
Claim(s) 30 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0015311 A1), in view of Buckley et al. (US 2019/0174282 A1) as applied to claims 1 and 13 above, and further in view of Kavuri et al. (US 2019/0349849 A1).
Regarding claim(s) 30 and 32, the disclosures of Kim in view of Buckley disclose a method for transmitting a service request message for CIoT Data over a control plane, the UE transmitting the message to a network node, and then receiving a response. The UE is also configured to start a timer when transmitting the message over the control plane. The disclosure do not explicitly disclose the name/type of the timer.
In an analogous art, the disclosure of Kavuri discloses:
Wherein the timer comprises a T3517 timer (par.[0123] which recites, in part, “The UE may be in 5GMM-IDLE mode over 3GPP access and in 5GMM-CONNECTED mode over non-3GPP access…….. In response to the message, the UE may respond with a service request transmitted to the gNB which may relay the request on to the AMF (e.g., starting T3517).”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Kim for transmitting a service request for CIoT user data transmission in view of Buckley which teaches the transmission of different data in different data containers, with the specific timer as discussed in Kavuri for a UE sending a service request in 5GMM-IDLE. The motivation/suggestion would have been that the timer provides a mechanism to prevent waiting too long for a response from the network, which could indicate that the service request wasn’t received, stalling communications between the UE and network.
Response to Arguments
Claim Rejections - 35 USC § 103
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive. With regard to the rejection of amended claims 1 and 13, the applicant suggests that the disclosure of Kim (US 2020/0015311 A1), in view of (US 2019/0174282 A1), and in particular Kim, which was used in a prior rejection does not disclose:
“while remaining in the IDLE_MODE of the UE, starting a timer and entering a 5GMM service request initiated state”
The office respectfully disagrees.
Applicants allege that the disclosure Kim does not teach the above limitation, but does disclose/teach the NAS transport in 5G and in the IDLE mode. The office agrees that the disclosure teaches the NAS transport in 5G and in the IDLE mode, but the disclosure of Kim also discloses the 5GMM service request initiated state. The disclosure of Kim teaches that the UE can send the NAS transport service request message in fig(s).11-12 and as noted in the applicants remarks. The service request initiated state is initiated when the UE sends the service request, starts a timer, and waits for a response from the network. Fig.12 depicts the transmission of the service request and service accepts message. The disclosure of Kim at par.[0012] teaches that the UE, when transmitting the uplink message, i.e. “The Service Request message”, starts a timer, also par.[0563]. As the disclosure of Kim teaches the UE sending the network a message over the control plane in the idle state, and starts a timer awaiting a response from the network, the UE has entered the 5GMM service request initiated state. The claims stand rejected in view of the above arguments and the rejection set forth above.
Conclusion
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JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/ Primary Examiner, Art Unit 2411