Prosecution Insights
Last updated: April 19, 2026
Application No. 17/599,644

RADIO NETWORK NODE, NETWORK NODE AND METHODS PERFORMED THEREIN FOR CONTROLLING TRANSMISSION

Non-Final OA §103
Filed
Sep 29, 2021
Examiner
PHUONG, DAI
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
7 (Non-Final)
76%
Grant Probability
Favorable
7-8
OA Rounds
3y 0m
To Grant
92%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
611 granted / 809 resolved
+13.5% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
36 currently pending
Career history
845
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 809 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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. Claim Objections Claim 22 is objected to because of the following informalities: Regarding claim 22, the claim is dependent on claim 21. However, claim 21 includes all limitations of claim 22. Therefore, claim 22 should be canceled. Appropriate correction is required. Response to Argument Applicant's arguments, filed 06/06/25, with respect to claims have been considered but are moot in view of the new ground(s) of rejection. Claims 2-5, 8, 11-13, 16-20, 25-27 and 29-30 have been canceled. Claims 1, 6-7, 9-10, 14-15, 21-24 and 28 are pending. Applicant, on page 9 of the remark argues that, Velev suffers from similar deficiencies as Tang. Velev teaches that, in step 1 of Velev, the UE includes the NAS message that includes the" requested type of service (e.g., Emergency, Voice, Voice over PS (e.g., Voice over IM'S) or Voice over CS)." Velev, paragraph [0065]. Thus, like in Tang, the "category" of Velev cannot be" associated with an importance a radio base station or a preference of an operator," as required by claim 1. However, the Examiner respectfully disagrees. Velev et al. disclose in at least paragraphs 56-58 and 71-72 that the AMF 131 indicates in the N2 signaling message to the RAN node (e.g., the base unit 110) at least the following: target CNs (or a list of target CNs, including priorities), whether HO or IDLE mode mobility to be used, and optionally target RATs (e.g., a list, including priorities for different RATs). The RAN node (e.g., base unit 110) makes the final decision about the target RAT of the fallback procedure considering the radio topology, radio conditions of the remote unit 105, and the indications received from the CN (e.g., from AMF 131).) For the reason above, the Examiner contends that the combination of Tang and Velev et al. disclose all limitations in the claim. Claim Rejections - 35 USC § 103 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. Claims 1, 6-7, 9-10, 14-15, 21-24 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (U.S. 20210219364) in view of Velev et al. (U.S. 20190159074). For claim 1, Tang discloses a method performed by an Access and Mobility Management Function (AMF) for handling a communication session for a user equipment (UE) or one or more flows of the communication session for the UE in a wireless communication network, the method comprising: receiving a protocol data unit, PDU, session modification request from the UE (at least Fig. 2, 6 and [0163]. At step 405 in Fig. 6, the UE may send a NAS message to the AMF. The NAS message may include a PDU session identifier and a PDU session modification request.); and transmitting a N2 session command having an indication from the AMF to a radio base station (access network device/gNB) at a session establishment of the communication session for the UE or of at least one flow of the communication session for the UE initiated by the received PDU session modification request, wherein the N2 session command is transmitted in response to the PDU session modification request from the UE and the indication indicates a category of the communication session for the UE or the at least one flow (at least Fig. 1, 6 and [0163]-[0183]. The UE may send a NAS message to the AMF. The NAS message may include a PDU session identifier and a PDU session modification request. The AMF may send an update session request message to the SMF according to the PDU session modification request sent by the UE. The update session request message may include a UE identifier, a PDU session identifier, and the PDU session modification request sent by the UE. The PDU session modification request may include first indication information and a first identifier. After receiving the update session request message, the SMF sends N1N2message transmission signaling to the AMF. The message includes a UE identifier, an access type, and an N2 session management container. The N1N2 transmission message may further include a PDU session modification command. The AMF may send an N2 message to an AN. The N2 message may include a UE identifier, an N2 session management container, and a PDU session modification command. The PDU session modification command may include third indication information and a second identifier.) However, Tang does not disclose the N2 session request; and the indicated category is defining whether the communication session for the UE or the at least one flow is related to an emergency service, a mission critical service or a level of a subscription service and wherein the category is associated with an importance at the radio base station or a preference of an operator. In the same field of endeavor, Velev et al. disclose the N2 session request; and the indicated category is defining whether the communication session for the UE or the at least one flow is related to an emergency service, a mission critical service or a level of a subscription service (at least [0065] and [0072]-[0073]. The UE 205 sends NAS Service Request to the AMF 131 (see messaging 225). The UE 205 includes in the NAS message at least the following information: UE ID, requested type of service (e.g., Emergency, Voice, Voice over PS (e.g., Voice over IMS) or Voice over CS), request for fallback/move to another target system. The AMF 131 sends N2 request signaling message to the RAN node 210 (e.g., gNB) to request a fallback procedure for the UE 205. The AMF 131 indicates in addition at least one target CN type to which the UE 205 has to fallback. The “Target RATs” refers to an indication of at least one RAT to which the UE 205 has to be moved in order to perform the requested service. “Target Tracking Area (TA)” refers to information helps the RAN node 210 to find proper target cell as part of the TA indicated by the CN. The “Requested service” refers to the service which the UE 205 would like to use the and which triggered the procedure for fallback or RAT/System change. The “Type of mobility” refers to an indication of whether CONNECTED mode or IDLE mode mobility is preferred based on the configuration in the CN. For example, if N26 interface is deployed, the AMF 131 may indicate CONNECTED state mobility is desirable and the AMF 131 based on this may include the AS context (e.g., AS security, MM context, radio capabilities, etc.) to the gNB. If, e.g., the N26 interface is not deployed, the CN may indicate ‘IDLE mode mobility’ or ‘similarly RRC Release with redirect’ or similar indication. “Criticality requirements” refers to an indication of the service priority/latency requirements of the PDU Session currently used by the UE 205.) and wherein the category is associated with an importance at the radio base station or a preference of an operator (at least [0056]-[0058] and [0071]-[0072]. The AMF 131 indicates in the N2 signaling message to the RAN node (e.g., the base unit 110) at least the following: target CNs (or a list of target CNs, including priorities), whether HO or IDLE mode mobility to be used, and optionally target RATs (e.g., a list, including priorities for different RATs). The RAN node (e.g., base unit 110) makes the final decision about the target RAT of the fallback procedure considering the radio topology, radio conditions of the remote unit 105, and the indications received from the CN (e.g., from AMF 131).) Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Tang as taught by Velev et al. for purpose of providing fallback assistance information to a RAN node. For claim 6, the combination of Tang and Velve et al. discloses the method according to claim 1. Tang discloses wherein the session establishment is a flow establishment or a protocol data unit session establishment (at least Fig. 6, [0059] and [0163]-[0183]. After receiving the PDU session modification command, the UE is aware of completion of establishing the network resource corresponding to the second access technology of the QoS flow. According to the ATSSS rule identifier, when the switching condition in the ATSSS rule for switching to the second access technology is satisfied, the UE may switch the data to the network resource corresponding to the second access technology for transmission. The AN may configure an access network resource for the UE, and send the PDU session modification command to the UE through an AN message. The PDU session modification command may include third indication information indicating completion of the network resource corresponding to the second access technology of the QoS flow.) For claim 7, Tang discloses a method performed by a radio base station for handling a communication session for a user equipment (UE) or one or more flows of the communication session for the UE in a wireless communication network, the method comprising: receiving, at the radio base station, N2 session command having an indication from an access and mobility management function (AMF) at a session establishment of the communication session for the UE or of at least one flow of the communication session for the UE and the N2 session command having a PDU session modification command, wherein the indication indicates a category of the communication session for the UE or the at least one flow; and handling the communication session for the UE or the at least one flow taking the indication into account, wherein handling the communication session or the at least one flow taking the indication into account comprises transmitting the PDU session modification command to the UE in response to the N2 session command (at least Fig. 1, 6 and [0163]-[0183]. The UE may send a NAS message to the AMF. The NAS message may include a PDU session identifier and a PDU session modification request. The AMF may send an update session request message to the SMF according to the PDU session modification request sent by the UE. The update session request message may include a UE identifier, a PDU session identifier, and the PDU session modification request sent by the UE. The PDU session modification request may include first indication information and a first identifier. After receiving the update session request message, the SMF sends N1N2message transmission signaling to the AMF. The message includes a UE identifier, an access type, and an N2 session management container. The N1N2 transmission message may further include a PDU session modification command. The AMF may send an N2 message to an AN. The N2 message may include a UE identifier, an N2 session management container, and a PDU session modification command. The PDU session modification command may include third indication information and a second identifier. The AN may configure an access network resource for the UE, and send the PDU session modification command to the UE through an AN message. The PDU session modification command may include third indication information indicating completion of the network resource corresponding to the second access technology of the QoS flow.) However, Tang does not disclose the N2 session request; and the indicated category is defining whether the communication session for the UE or the at least one flow is related to an emergency service, a mission critical service or a level of a subscription service and wherein the category is associated with an importance at the radio base station or a preference of an operator. In the same field of endeavor, Velev et al. disclose the N2 session request; and the indicated category is defining whether the communication session for the UE or the at least one flow is related to an emergency service, a mission critical service or a level of a subscription service (at least [0065] and [0072]-[0073]. The UE 205 sends NAS Service Request to the AMF 131 (see messaging 225). The UE 205 includes in the NAS message at least the following information: UE ID, requested type of service (e.g., Emergency, Voice, Voice over PS (e.g., Voice over IMS) or Voice over CS), request for fallback/move to another target system. The AMF 131 sends N2 request signaling message to the RAN node 210 (e.g., gNB) to request a fallback procedure for the UE 205. The AMF 131 indicates in addition at least one target CN type to which the UE 205 has to fallback. The “Target RATs” refers to an indication of at least one RAT to which the UE 205 has to be moved in order to perform the requested service. “Target Tracking Area (TA)” refers to information helps the RAN node 210 to find proper target cell as part of the TA indicated by the CN. The “Requested service” refers to the service which the UE 205 would like to use the and which triggered the procedure for fallback or RAT/System change. The “Type of mobility” refers to an indication of whether CONNECTED mode or IDLE mode mobility is preferred based on the configuration in the CN. For example, if N26 interface is deployed, the AMF 131 may indicate CONNECTED state mobility is desirable and the AMF 131 based on this may include the AS context (e.g., AS security, MM context, radio capabilities, etc.) to the gNB. If, e.g., the N26 interface is not deployed, the CN may indicate ‘IDLE mode mobility’ or ‘similarly RRC Release with redirect’ or similar indication. “Criticality requirements” refers to an indication of the service priority/latency requirements of the PDU Session currently used by the UE 205.) and wherein the category is associated with an importance at the radio base station or a preference of an operator (at least [0056]-[0058] and [0071]-[0072]. The AMF 131 indicates in the N2 signaling message to the RAN node (e.g., the base unit 110) at least the following: target CNs (or a list of target CNs, including priorities), whether HO or IDLE mode mobility to be used, and optionally target RATs (e.g., a list, including priorities for different RATs). The RAN node (e.g., base unit 110) makes the final decision about the target RAT of the fallback procedure considering the radio topology, radio conditions of the remote unit 105, and the indications received from the CN (e.g., from AMF 131).) Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Tang as taught by Velev et al. for purpose of providing fallback assistance information to a RAN node. For claim 9, the combination of Tang and Velve et al. discloses the method according to claim 7. Tang discloses wherein handling comprises one or more of the following: establish a connection to a user equipment of the communication session taking the indication into account; perform a fall-back procedure to another radio access technology taking the indication into account; allocate resources taking the indication into account; and add or remove bearers taking the indication into account (at least Fig. 6, [0059] and [0163]-[0183]. The AMF may send an N2 message to an AN. The N2 message may include a UE identifier, an N2 session management container, and a PDU session modification command. The N2 session management container may include a QoS configuration and a PDU session identifier. The PDU session modification command may include third indication information and a second identifier. When sending the N2 message, the AMF may, according to an access type, send the N2 SM container and the PDU session modification command in step S410 to the corresponding AN. For example, if the access type is 3GPP, the N2 SM container and the PDU session modification command may be sent to a RAN; if the access type is non-3GPP, the N2 SM container and the PDU session modification command may be sent to an N3IWF. The AN may configure an access network resource for the UE, and send the PDU session modification command to the UE through an AN message. The PDU session modification command may include third indication information indicating completion of the network resource corresponding to the second access technology of the QoS flow. After receiving the PDU session modification command, the UE is aware of completion of establishing the network resource corresponding to the second access technology of the QoS flow. According to the ATSSS rule identifier, when the switching condition in the ATSSS rule for switching to the second access technology is satisfied, the UE may switch the data to the network resource corresponding to the second access technology for transmission.) For claim 10, the combination of Tang and Velve et al. discloses the method according to claim 7. Tang discloses wherein handling the communication session or the at least one flow further takes load at the radio base station into account (at least Fig. 6, [0059] and [0163]-[0183]. The AMF may send an N2 message to an AN. The N2 message may include a UE identifier, an N2 session management container, and a PDU session modification command. The N2 session management container may include a QoS configuration and a PDU session identifier. The PDU session modification command may include third indication information and a second identifier. When sending the N2 message, the AMF may, according to an access type, send the N2 SM container and the PDU session modification command in step S410 to the corresponding AN. For example, if the access type is 3GPP, the N2 SM container and the PDU session modification command may be sent to a RAN; if the access type is non-3GPP, the N2 SM container and the PDU session modification command may be sent to an N3IWF. The AN may configure an access network resource for the UE, and send the PDU session modification command to the UE through an AN message. The PDU session modification command may include third indication information indicating completion of the network resource corresponding to the second access technology of the QoS flow. After receiving the PDU session modification command, the UE is aware of completion of establishing the network resource corresponding to the second access technology of the QoS flow. According to the ATSSS rule identifier, when the switching condition in the ATSSS rule for switching to the second access technology is satisfied, the UE may switch the data to the network resource corresponding to the second access technology for transmission.) For claim 14, the claim has features similar to claim 6. Therefore, the claim is also rejected for the same reasons in claim 6. For claims 15 and 21, the claims have features similar to claims 1 and 7 respectively. Therefore, the claims are also rejected for the same reasons in claims 1 and 7 respectively. For claim 22, the combination of Tang and Velve et al. disclose the radio base station according to claim 21. Velve et al. disclose the category is associated with the importance at the radio base station (at least [0056]-[0058] and [0071]-[0072]. The AMF 131 indicates in the N2 signaling message to the RAN node (e.g., the base unit 110) at least the following: target CNs (or a list of target CNs, including priorities), whether HO or IDLE mode mobility to be used, and optionally target RATs (e.g., a list, including priorities for different RATs). The RAN node (e.g., base unit 110) makes the final decision about the target RAT of the fallback procedure considering the radio topology, radio conditions of the remote unit 105, and the indications received from the CN (e.g., from AMF 131).) For claims 23-24, the claims have features similar to claims 9-10. Therefore, the claims are also rejected for the same reasons in claims 9-10. For claim 28, the claim has features similar to claim 6. Therefore, the claim is also rejected for the same reasons in claim 6. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm. 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 on 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7687. 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). /DAI PHUONG/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Sep 29, 2021
Application Filed
Dec 02, 2023
Non-Final Rejection — §103
Feb 22, 2024
Response Filed
Apr 28, 2024
Final Rejection — §103
Jun 03, 2024
Examiner Interview Summary
Jun 03, 2024
Applicant Interview (Telephonic)
Jun 26, 2024
Response after Non-Final Action
Jul 17, 2024
Request for Continued Examination
Jul 21, 2024
Response after Non-Final Action
Aug 27, 2024
Non-Final Rejection — §103
Oct 11, 2024
Examiner Interview Summary
Oct 11, 2024
Applicant Interview (Telephonic)
Nov 05, 2024
Response Filed
Nov 23, 2024
Final Rejection — §103
Jan 14, 2025
Examiner Interview Summary
Jan 14, 2025
Applicant Interview (Telephonic)
Jan 27, 2025
Response after Non-Final Action
Feb 27, 2025
Request for Continued Examination
Feb 28, 2025
Response after Non-Final Action
Mar 04, 2025
Non-Final Rejection — §103
Apr 11, 2025
Examiner Interview Summary
Apr 11, 2025
Applicant Interview (Telephonic)
Jun 06, 2025
Response Filed
Aug 27, 2025
Final Rejection — §103
Dec 19, 2025
Request for Continued Examination
Jan 13, 2026
Response after Non-Final Action
Jan 22, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
76%
Grant Probability
92%
With Interview (+16.0%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 809 resolved cases by this examiner. Grant probability derived from career allow rate.

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