DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This Office Action is in response to the application filed on 10/29/2025. Claims 1 and through 23 are presently pending and are presented for examination.
3. 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.
Response to Arguments
4. Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive.
Applicant argued that Jing and Zhu fail to teach or suggest determining [by the first network node that is either a SMF or PGW] that the first network node is not configured to support a subscribed network slice of the UE that contains the particular APN/DNN. Applicant further argued that Zhu just does not include any disclosure or even hints that it is performed by the SMF/PGW.
Examiner respectfully disagrees. Jing teaches a well-known feature in the art that a mobile core network includes multiple control plane functions including, but not limited to, an Access and Mobility Management Function (AMF) serves both the 3GPP access network and a non-3GPP access network, a session Management Function (SMF), etc. (see Jing: Fig. 1 “AMF entity includes SMF entity + PGW-C entity”). That is well known that AMF includes at least one of SMF and PGW. This is also is disclosed by the applicant in Fig. 1 and Fig. 2 (see Applicant Figs 1-2 “5GC”). Further, Youn et al. (US 2023/0045765 A1) supports the above well-known feature (see Youn: Figs. 2-3 “CPF node that includes an AMF and a SMF”). Youn teaches an operation of a network node in which AMF #1 includes SMF #1 and PGW #1 and AMF #2 includes SMF #2 and PGW #2 (see Youn: paragraphs 380-381). Based on the above, it can be derived that AMF #1 of Zhu includes at least SMF #1 or PGW #1, and AMF #2 of Zhu includes at least SMF #2 or PGW #2. Therefore, whether AMF #1 or AMF #2 supports a network slice is the same as whether any of SMF #1 or PGW #1 and SMF #2 or PGW #2 supports a network slice or it is an implementation option.
In addition, Jing discloses an exemplary combined Serving Management Function (SMF) and Packet Gateway Control-plane (PGW-C) entity, referred to as the SMF/PGW entity (node N11), which is associated with an Access and Mobility Management Function (AMF) node N2 (see Fig. 1). The disclosure further includes a first AMF entity and a second AMF entity. As shown in Figure 1 and Figure 2, it is apparent that the first AMF entity communicates with a first SMF/PGW entity, and the second AMF entity communicates with a second SMF/PGW entity.
Claim Rejections - 35 USC § 103
5. 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.
Claims 1-23 are rejected under 35 U.S.C. 103 as being unpatentable over Jing et al. (US 2020/0260340 A1) in view of Zhu et al. (US 2022/0377653 A1).
For claim 1 Jing teaches a method performed by a first network node that is either a Session Management Function (SMF) or a Packet Data Network Gateway (PGW) Control Plane (PGW-C #1) for interworking between a 4G Evolved Packet Network (EPC) and a 5G core (5GC) (see Fig. 1 and paragraph 121 “SMF/PGW-C between 4G and 5G networks” and pargraph 304 “a method in which SMF updates a user plane path for the session”), the method comprising:
- receiving, at the first network node, a request to create a session for a User Equipment (UE) for a particular Access Point Name/Data Network Name (APN/DNN) (see at least Figs. 4-7, 12 “PDU session establishment request and establish a PDU session in the network slice corresponding to the PDN” and at least paragraph 5 “APN/DNN”, pargraph 230 “optionally a SMF or PGW-C receives a PDN connection, D-NSSAI of a network slice corresponding to the PDN connection”);
- determining that the first network node is not configured to support a subscribed network slice of the UE that contains the particular APN/DNN (see at least paragraphs 51, 57-60, 151 and 153 “terminal is handed over from a 5GC that does not support network slice to a 5GC a that supports a network slice”);
- identifying a second network node that is either a PGW2, SMF, or PGW-C #2that is configured to support the subscribed network slice of the UE that contains the particular APN/DNN (see at least paragraphs 51, 57-60, 151 and 153 “terminal is handed over from a 5GC that does not support network slice to a 5GC a that supports a network slice”); and
- transferring, to the second network node, the request to create a session for the UE for the particular APN/DNN (see Fig. 4 “the request for session establishment is handover from the first AMF node to the second AMF node”).
Jing does not explicitly teach determining that the first network node (SMF or a PGW) is not configured to support a subscribed network slice of the UE that contains the particular APN/DNN.
However, Zhu teaches a network side includes two AMF sets (set): an AMF set 1 and an AMF set 2. Network slices (slicing) supported by any AMF in the AMF set 1 are { slice 1, slice 2}, and a network slice supported by any AMF in the AMF set 2 is {slice 4}.
In addition, the network further includes a slice 3 that is temporarily not supported by a PLMN, and a cause why the slice 3 is temporarily not supported by the PLMN is that the slice 3 is not deployed, is disabled temporarily, or the like. If the slice 3 is subsequently updated to be supported by the PLMN, that is, updated to be available, the slice 3 belongs to the AMF set 1 (see Shu: paragraph 100 and Fig. 3). In addition, it is clear from Fig. 3 which slices are supported by which SMF (e.g. SMF 1 supports Slice 1 and does not support slice 4). Therefore if AMF (se) 1 and consequently slice 4 the SMF 1 receives a request for Slice 4, that request should be routed to AMF set 2 and consequently SMF 4 which supports slice 4.
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention to use the teaching of Zhu in the session establishment method of Jing to transfer session establishment request from a non-supportive node (SMF 1) to a supportive node (SMF 4) (see Youin: paragraphs 127-128”).
For claim 2 Jing in view of Zhu teaches the method, wherein:
- the transferred request comprises an indication that the request is transferred from the first network node (see Jing: paragraph 129 “an NSSF and a CPSF within the common CNI may check/determine that the session request message has to be transferred to which network slice” and paragraph 154 “The SMF may allocate a PDU session ID to a corresponding session and send a session response message as a response to the session request”).
For claim 3 Jing in view of Zhu teaches the method the method, wherein:
- the first network node is a first packet data network gateway (PGW) node (see Jing: Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second PGW node (see Jing: Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 4 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first combined SMF/PGW-C (see Jing: Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second combined SMF/PGW-C (see Jing: Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 5 Jing in view of Zhu teaches a method performed by a network node for interworking between a 4G Evolved Packet Network (EPC) and a 5G Core (as discussed in claim 1-design configuration option”), the method comprising:
- receiving, at a first network node, a request to create a session for a User Equipment (UE) for a particular Access Point Name/Data Network Name (APN/DNN) (as discussed in claim 1-design configuration option”);
- determining the first network node is not configured to support a subscribed network slice of the UE that contains the particular APN/DNN (as discussed in claim 1-design configuration option”);
- identifying a second network node (Packet Data Network Gateway (PGW12,Session Management Function (SMF/PGW Control Plane (PGW-C} #2) that is configured to support the subscribed network slice of the UE that contains the particular APN/DNN (as discussed in claim 1-design configuration option”); and
- sending a response to the request, the response comprising information that indicates the second network node (see Jing: paragraph 293 “the control plane function entity sends a PON connection establishment response” and as discussed in claim 1-design configuration option”).
For claim 6 Jing in view of Zhu teaches the method, wherein:
- the information that indicates the second network node comprised in the response comprises a fully qualified domain name (FQDN) of the second network node (see Jing: paragraph 202 “FQDN”).
For claim 7 Jing in view of Youin teaches the method, wherein:
- the first network node is a first packet data network gateway (PGW) node (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second PGW node (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 8 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 9 Jing in view of Zhu teaches a method performed by a first network node (MME) for interworking between a 4G Evolved Packet Network (EPC) and a 5G Core (see Jing: Fig. 1 “MME”, Fig. 13 “MME” and as discussed in claim 1 -design option), the method comprising:
- sending, to a second network node that is either a Session Management Function (SMF) or a Packet Data Network Gateway (PGW) Control Plane (PGW-C#1), a request to create a session for a User Equipment (UE) for a particular Access Point Name/Data Network Name (APN/DNN) (as discussed in claim 1 -design option); and
- receiving, from a third network node that is either a PGW2, SMF, or a PGW-C #2), a response to the request (see Jing: paragraph 293 “the control plane function entity sends a PON connection establishment response” and as discussed in claim 1 -design option).
For claim 10 Jing in view of Zhu teaches the method, wherein:
- the response received from the third network node comprises a fully qualified domain name (FQDN) of the third network node (see Jing: paragraph 202 “FQDN”). .
For claim 11 Jing in view of Zhu teaches the method, wherein:
- the first network node is a MME (see Jing: Fig. 13 “source MME”).
For claim 12 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first packet data network gateway (PGW) node (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second PGW node (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 13 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 14 Jing in view of Zhu teaches a method performed by a network node (MME) for interworking between a 4G Evolved Packet Network (EPC) and a 5G Core (as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”), the method comprising:
- sending, to a second network node that is either a Session Management Function (SMF) or a Packet Data Network Gateway (PGW) Control Plane (PGW-C#1), a request to create a session for a User Equipment (UE) for a particular Access Point Name/Data Network Name (APN/DNN) (as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”);
- receiving. from the second network node, a response to the request, the response comprising information that indicates a third network node that is either a PGW2, SMF, or a PGW-C #2) (as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”); and
- sending the request to the third network node (as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”).
For claim 15 Jing in view of Zhu teaches the method, wherein:
- the response received from the second network node comprises a fully qualified domain name (FQDN) of the third network node (see Jing: paragraph 202 “FQDN”).
For claim 16 Jing in view of Zhu teaches the method, wherein:
- the first network node is a MME (see Jing: Fig. 13 “source MME”).
For claim 17 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first packet data network gateway (PGW) node; (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option) and
- the second network node is a second PGW node (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 18 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 19 Jing in view of Zhu teaches a method performed by a second network node that is either a Packet Data Network Gateway (PGW)2,Session Management Function (SMF) or a PGW Control Plane (PGW-C #2) for interworking between a 4G Evolved Packet Network (EPC) and a 5G Core (as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”), the method comprising:
- receiving, at the second network node from a first network node that is either a SMF or a PGW-C #2), a request to create a session for a User Equipment (UE) for a particular Access Point Name/Data Network Name (APN/DNN), the request comprising information that enables or otherwise causes the second network node to send the response to an originating node of the request wherein the originating node is a node from which the first network node received the request (as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”); and
- sending, to the originating node, a response to the request (see Fig. 13 “S 1304. PDN connection establishment response” and as discussed in claim 1-a design option transferring a session establishment from a non-supportive node to a supportive node”).
For claim 20 Jing in view of Zhu teaches the method, wherein:
- the response comprises a fully qualified domain name (FQDN) of the second network node (see Jing: paragraph 202 “FQDN”).
For claim 21 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first packet data network gateway (PGW) node (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second PGW (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 22 Jing in view of Zhu teaches the method, wherein:
- the first network node is a first combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option); and
- the second network node is a second combined SMF/PGW-C (see Fig. 4 “first AMF entity and the second AMF entity”, Fig. 1 and paragraph 121 “PGW-C+SMF”-design option).
For claim 23 Jing in view of Zhu teaches the method, wherein:
- the originating node is a MME or serving gateway (SGW) node (see Jing: Fig. 13 “source MME”).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: YOUN et al. (US 2017/0339609 A1) and Youn et al. (US 2023/0045765 A1).
7. THIS ACTION IS MADE FINAL. 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David M OVEISSI whose telephone number is (571)270-3127. The examiner can normally be reached Monday-Friday 8Am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on (571) 270 - 1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANSOUR OVEISSI/Primary Examiner, Art Unit 2415
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