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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 9-16 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 9-16 and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claimed limitations “Diameter message” and “in the same Diameter message” are not supported by the existing disclosure and are deemed to be new matter.
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, 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.
Claim(s) 1-7, 9-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TS 29.212 V16.4.0 (2020-09) (hereinafter “3GPP_29212”) in view of Cai (20210218849).
Regarding claim 1, 3GPP_29212 discloses all the steps of claim 1 as follows:
A method for performing usage-monitoring for a same monitoring key, comprising:
identifying a monitoring key used by a Policy Charging Rules Function (PCRF); (Pg. 158, 2nd and 3rd paragraph of Section 5.3.60: “The Monitoring-Key AVP identifies the usage monitoring control instance. The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF.”)
supplying, in a Diameter message relating to the identified monitoring key a first Attribute Value Pair (AVP) providing a reporting threshold value for the monitoring key; ;(Pg. 21, Pg. 158, 3rd paragraph of Section 5.3.60: “The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF.”)
and supplying a second AVP providing a quota value for usage monitoring for use by the PCRF for the particular usage monitoring key. (Pg. 160, Pg. 158, 3rd paragraph of Section 5.3.60: “The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF.”).
Also, in (Pg. 53, 3rd paragraph of section 4.5.16: “At IP-CAN session establishment and modification, the PCRF may provide the applicable thresholds, volume threshold, time threshold or both volume threshold and time threshold, for usage monitoring control to the PCEF, together with the respective monitoring keys. To provide the initial threshold for one or more monitoring key(s), the PCRF may include the threshold in either RA-Request or in the response of a CC-Request initiated by the PCEF…”). Also in (Pg. 104, 6th paragraph of Section 4b.5.6: “The PCRF shall provide the applicable volume threshold(s) in the CC-Total-Octets, CC-Input-Octets or CC-Output-Octets AVPs and/or time threshold in the CC-Time AVP of the Granted-Service-Unit AVP. The monitoring key shall be provided in the Monitoring-Key AVP.)” (Pg. 104, section 4b.5.6, 3rd paragraph: “At TDF session establishment and modification, the PCRF may provide the applicable thresholds, volume threshold, time threshold or both volume threshold and time threshold, for usage monitoring control to the TDF, together with the respective monitoring keys. To provide the initial threshold for one or more monitoring key(s), the PCRF may include the threshold in either TSR, RAR or in the response of a CCR, initiated by the TDF.)”
Also in (Pg. 55, 3rd paragraph: “To report accumulated usage for a specific monitoring key the PCEF shall send a CC-Request with the Usage-Monitoring-Information AVP including the accumulated usage since the last report. For each of the enabled monitoring keys to be reported, the Usage-Monitoring-Information AVP shall include the monitoring key in the Monitoring-Key AVP and the accumulated volume usage in the Used-Service-Unit AVP.”
Also in Pg. 56, Section 4.5.17.5, line 5: “If the volume threshold and time threshold were provided, the PCEF shall report both the volume usage and time of usage…”
Although, 3GPP_29212 shows the use of thresholds and quotas in the messages, its not clear that they are in the same message. Cai shows the use of the threshold and quota in the same message (e.g., paragraph 35, “Time-Quota-Threshold”, “Volume-Quota-Threshold”, “Unit-Quota-Threshold”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the method of 3GPP_29212 with Cai because it would provide for a reduction in signaling overhead and traffic.
Regarding claim 2, 3GPP_29212 discloses all the steps of claim 1 as stated above wherein:
the reporting threshold value for a PCEF includes a volume usage threshold level for a PCEF. (Pg. 158, 3rd paragraph of Section 5.3.60: “The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF.”).
Also in (Pg.53, 5th paragraph of Section 4.5.16: “In order to provide the applicable threshold for usage monitoring control, the PCRF shall include a Usage-Monitoring-Information AVP per monitoring key. The threshold level shall be provided in its Granted-Service-Unit AVP. Threshold levels may be defined for:
- the total volume only; or (volume usage threshold level)
- the uplink volume only; or
- the downlink volume only; or
- the uplink and downlink volume; or
- the time “
Also in (Pg. 180: Table: 5.4.0.1 (row of Granted-Service-Unit):..”The volume and/or time threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets or CC-Time AVPs are re-used. Monitoring-Time AVP as defined in 5.3. 99 may be optionally added to the grouped AVP if UMCH feature is supported.
… also in Pg. 182, Table 5.4.0.1, row Used-Service-Unit: The measured volume and/or time for usage monitoring control purposes. The volume threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets, or CC-Time AVPs are re-used.”).
Regarding claim 3, 3GPP_29212 discloses all the steps of claim 1 as stated above wherein:
The reporting threshold value for a PCEF includes a time of usage threshold level for a PCEF. (Pg. 158, 3rd paragraph of Section 5.3.60: “The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF.”).
Also in (Pg.53, 5th paragraph of Section 4.5.16: “In order to provide the applicable threshold for usage monitoring control, the PCRF shall include a Usage-Monitoring-Information AVP per monitoring key. The threshold level shall be provided in its Granted-Service-Unit AVP. Threshold levels may be defined for:
- the total volume only; or (volume usage threshold level)
- the uplink volume only; or
- the downlink volume only; or
- the uplink and downlink volume; or
- the time “
Also in (Pg. 180: Table: 5.4.0.1 (row of Granted-Service-Unit):..”The volume and/or time threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets or CC-Time AVPs are re-used. Monitoring-Time AVP as defined in 5.3. 99 may be optionally added to the grouped AVP if UMCH feature is supported.”
Also in Pg. 182, Table 5.4.0.1, row Used-Service-Unit: “The measured volume and/or time for usage monitoring control purposes. The volume threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets, or CC-Time AVPs are re-used. Monitoring-Time AVP as defined in clause 5.3.99 may be optionally added to the grouped AVP if UMCH feature is supported.”
Also in (Pg. 158, section 5.3.60: “Usage-Monitoring-Information AVP
The Usage-Monitoring-Information AVP (AVP code 1067) is of type Grouped, and it contains the usage monitoring control information.
The Monitoring-Key AVP identifies the usage monitoring control instance.
The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF. The CC-Total-Octets AVP shall be used for providing threshold level for the total volume, or the CC-Input-Octets and/or CC-Output-Octets AVPs shall be used for providing threshold level for the uplink volume and/or the downlink volume. The CC-Time AVP shall be used for providing the time threshold to the PCEF)”.
Regarding claim 4, 3GPP_29212 discloses all the steps of claim 1 as stated above wherein:
the reporting threshold value for the monitoring key includes a volume threshold total for the monitoring key.
(Pg.53, 5th paragraph of Section 4.5.16: In order to provide the applicable threshold for usage monitoring control, the PCRF shall include a Usage-Monitoring-Information AVP per monitoring key. The threshold level shall be provided in its Granted-Service-Unit AVP. Threshold levels may be defined for:
- the total volume only; or (volume threshold total)
- the uplink volume only; or
- the downlink volume only; or
- the uplink and downlink volume; or
- the time.
Also in (Pg. 158, section 5.3.60: “Usage-Monitoring-Information AVP
The Usage-Monitoring-Information AVP (AVP code 1067) is of type Grouped, and it contains the usage monitoring control information.
The Monitoring-Key AVP identifies the usage monitoring control instance.
The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF. The CC-Total-Octets AVP shall be used for providing threshold level for the total volume, or the CC-Input-Octets and/or CC-Output-Octets AVPs shall be used for providing threshold level for the uplink volume and/or the downlink volume.)”
Regarding claim 5, 3GPP_29212 discloses all the steps of claim 1 as stated above wherein:
the reporting threshold value for the monitoring key includes a volume quota uplink threshold for the monitoring key.
(Pg.53, 5th paragraph of Section 4.5.16: “In order to provide the applicable threshold for usage monitoring control, the PCRF shall include a Usage-Monitoring-Information AVP per monitoring key. The threshold level shall be provided in its Granted-Service-Unit AVP. Threshold levels may be defined for:
- the total volume only; or
- the uplink volume only; or
- the downlink volume only; or
- the uplink and downlink volume; or
- the time.”)
Also in (Pg. 158, section 5.3.60: “Usage-Monitoring-Information AVP
The Usage-Monitoring-Information AVP (AVP code 1067) is of type Grouped, and it contains the usage monitoring control information.
The Monitoring-Key AVP identifies the usage monitoring control instance.
The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF. The CC-Total-Octets AVP shall be used for providing threshold level for the total volume, or the CC-Input-Octets and/or CC-Output-Octets AVPs shall be used for providing threshold level for the uplink volume and/or the downlink volume. The CC-Time AVP shall be used for providing the time threshold to the PCEF.”)
Regarding claim 6, 3GPP_29212 discloses all the steps of claim 1 as stated above wherein:
the reporting threshold value for the monitoring key includes a volume quota downlink threshold for the monitoring key.
(Pg.53, 5th paragraph of Section 4.5.16: “In order to provide the applicable threshold for usage monitoring control, the PCRF shall include a Usage-Monitoring-Information AVP per monitoring key. The threshold level shall be provided in its Granted-Service-Unit AVP. Threshold levels may be defined for:
- the total volume only; or
- the uplink volume only; or
- the downlink volume only; or
- the uplink and downlink volume; or
- the time.”)
Also in (Pg. 158, section 5.3.60: “Usage-Monitoring-Information AVP
The Usage-Monitoring-Information AVP (AVP code 1067) is of type Grouped, and it contains the usage monitoring control information.
The Monitoring-Key AVP identifies the usage monitoring control instance.
The Granted-Service-Unit AVP shall be used by the PCRF to provide the volume and/or the time of usage threshold level to the PCEF. The CC-Total-Octets AVP shall be used for providing threshold level for the total volume, or the CC-Input-Octets and/or CC-Output-Octets AVPs shall be used for providing threshold level for the uplink volume and/or the downlink volume. The CC-Time AVP shall be used for providing the time threshold to the PCEF.”)
Regarding claim 7, 3GPP_29212 discloses all the steps of claim 1 as stated above wherein:
the reporting threshold value for the monitoring key includes a time threshold for the monitoring key.
(Pg.53, 5th paragraph of Section 4.5.16: “ In order to provide the applicable threshold for usage monitoring control, the PCRF shall include a Usage-Monitoring-Information AVP per monitoring key. The threshold level shall be provided in its Granted-Service-Unit AVP. Threshold levels may be defined for:
- the total volume only; or
- the uplink volume only; or
- the downlink volume only; or
- the uplink and downlink volume; or
- the time).”
Also in (Pg. 180: Table: 5.4.0.1 (row of Granted-Service-Unit) “The volume and/or time threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets or CC-Time AVPs are re-used. Monitoring-Time AVP as defined in 5.3. 99 may be optionally added to the grouped AVP if UMCH feature is supported.
This AVP shall have the 'M' bit cleared.”
Also in (Pg. 182, Table 5.4.0.1, row Used-Service-Unit: “The measured volume and/or time for usage monitoring control purposes. The volume threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets, or CC-Time AVPs are re-used. Monitoring-Time AVP as defined in clause 5.3.99 may be optionally added to the grouped AVP if UMCH feature is supported.)”
Regarding claim 9, 3GPP_29212 discloses all the steps of claim 1 as stated above further comprising supplying time for usage- monitoring for a PCRF for a particular usage monitoring key.
(Pg. 19, 14th paragraph: “Usage monitoring control instance: the monitoring and reporting of the usage threshold for input, output or total data volume or time of usage for the IP-CAN session/TDF session or the service data flows/application's traffic associated with the same monitoring key.”).
Also, in (Pg. 53, 3rd and 4th paragraph Section 4.5.16: “At IP-CAN session establishment and modification, the PCRF may provide the applicable thresholds, volume threshold, time threshold or both volume threshold and time threshold, for usage monitoring control to the PCEF, together with the respective monitoring keys. To provide the initial threshold for one or more monitoring key(s), the PCRF may include the threshold in either RA-Request or in the response of a CC-Request initiated by the PCEF. During the IP-CAN session establishment, the PCRF may receive information about total allowed usage per PDN and UE from the SPR, i.e. the overall amount of allowed traffic volume and/or time of usage that are to be monitored per PDN and UE and/or total allowed usage for Monitoring key(s) per PDN and UE.)”
Also, in (Pg. 182, Table 5.4.0.1, row Used-Service-Unit: “The measured volume and/or time for usage monitoring control purposes. The volume threshold for usage monitoring control purposes. Only the CC-Total-Octets, one of the CC-Input-Octets and CC-Output-Octets, or CC-Time AVPs are re-used. Monitoring-Time AVP as defined in clause 5.3.99 may be optionally added to the grouped AVP if UMCH feature is supported.”)
Regarding claim 10, the limitation of claim 10 is substantially correspond to claim 1 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 1. As stated above, 3GPP_29212 teaches all limitation of claim 1. 3GPP_29212 also discloses a network infrastructure which provides various services:
(Pg. 20, 5th paragraph: “(S)Gi-LAN: The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.)”
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 11, the limitation of claim 11 is substantially correspond to claim 2 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 2. As stated above, 3GPP_29212 teaches all limitation of claim 2. 3GPP_29212 also discloses a network infrastructure which provides various services:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 12, the limitation of claim 12 is substantially correspond to claim 3 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 3. As stated above, 3GPP_29212 teaches all limitation of claim 3. 3GPP_29212 also discloses a network infrastructure which provides various services:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 13, the limitation of claim 13 is substantially correspond to claim 4 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 4. As stated above, 3GPP_29212 teaches all limitation of claim 4. 3GPP_29212 also discloses a network infrastructure which provides various services as:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 14, the limitation of claim 14 is substantially correspond to claim 5 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 5. As stated above, 3GPP_29212 teaches all limitation of claim 5. 3GPP_29212 also discloses a network infrastructure which provides various services:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 15, the limitation of claim 15 is substantially correspond to claim 6 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 6. As stated above, 3GPP_29212 teaches all limitation of claim 6. 3GPP_29212 also discloses a network infrastructure which provides various services as:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 16, the limitation of claim 16 is substantially correspond to claim 7 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 7. As stated above, 3GPP_29212 teaches all limitation of claim 7. 3GPP_29212 also discloses a network infrastructure which provides various services as:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Regarding claim 18, the limitation of claim 18 is substantially correspond to claim 9 except for a non-transitory computer-readable medium containing instructions for performing the steps of claim 9. As stated above, 3GPP_29212 teaches all limitation of claim 9. 3GPP_29212 also discloses a network infrastructure which provides various services as:
(Pg. 20, 5th paragraph: “The network infrastructure connected to the 3GPP network over the SGi or Gi reference point that provides various IP-based services.”)
The functions of a 3GPP network are performed on a network structure that inherently operates by executing instructions stored on some type of non-transitory computer-readable medium.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JOHN A FOLLANSBEE/Supervisory Patent Examiner, Art Unit 2444