DETAILED ACTION
Information Disclosure Statement
The Information Disclosure Statement submitted on 11/21/22 has been considered by the examiner (see attached PTO-1449 form).
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) 1-6,10-34,37-42 and 46-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over TS23.501 ( 3GPP TS 23.501 V16.4.0 (2020-03)) in view of Wei (US 20220167217)
Regarding claim 1 and 37, TS23.501 teaches a method for managing a quality of service, QoS, in a telecommunications network, wherein the method is performed by a first network node ("NG-RAN" in Dl section 5. 7 .1. 2a) of the telecommunications network, the method comprising:
if the first network node is unable to fulfil a first quality of service, QoS, indicated in a least preferred alternative QoS profile of one or more alternative QoS profiles (section 5.7.1.2a “QoS profile is not fulfilled”):
signalling, to a core network node, ("SMF" in section 5.7.1.2a)
a first message comprising a first notification that indicates that the first network node is unable to fulfil the first QoS indicated in the least preferred alternative QoS profile, (Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).
TS23.501 teaches a notification but does not explicitly teach a predefined index with an integer value of zero and wherein the first predefined index is an integer value of zero. In an analogous art, Wei teaches the first predefined index is an integer value of zero ([0135] “An example implementation of alternative QoS profiles 105b list conveyed from 5GC to the NG-RAN and the first index has a value of “zero/0” [0193] An example of the index of the fulfilled QoS profile is: value 0 indicates initial QoS profile, value 1 indicates the first item of the alternative QoS profile list, value 2 indicates the second item of the alternative QoS profile, and so on about the prepared resources at the target”) Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify TS23.501’s teaching of QoS profile to also include Wei’s teaching of a profile index with a first value of zero since the smallest possible integer value starts at zero. Thus, it is obvious or common sense to pick the smallest number “zero” as the first index.
Regarding claim 2 and 38, TS23.501 and Wei teaches method as claimed in claim 1, wherein: the first predefined index signals to the core network node that: the first network node supports attempting to fulfil the least preferred alternative QoS profile and/or any other alternative QoS profile of the one or more alternative QoS profiles; and/or the first network node is unable to fulfil any of the one or more alternative QoS profiles (Section 5.7.1.2a, ” the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled, the NG-RAN shall, if the currently fulfilled values match an Alternative QoS Profile, include also the reference to the Alternative QoS Profile to indicate the QoS that the NG-RAN currently fulfils”, Section 5.7.2.4.1b “…If the NG-RAN determines that the GFBR, the PDB or the PER of the QoS profile cannot be fulfilled, NG-RAN shall send a notification towards SMF that the "GFBR can no longer be guaranteed").
Regarding claim 3 and 39, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the first network node is unable to fulfil the first QoS if a second QoS that the first network node is able to fulfil does not match the first QoS (TS23.501 Section 5.7.2.4.1b “If, for a given GBR QoS Flow, Notification control is enabled and the NG-RAN has received a list of Alternative QoS Profile(s) for this QoS Flow and supports the Alternative QoS Profile handling, the following shall apply: 1) If the NG-RAN determines that the GFBR, the PDB or the PER of the QoS profile cannot be fulfilled, NG-RAN shall send a notification towards SMF that the "GFBR can no longer be guaranteed".).
Regarding claim 4 and 40, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the first QoS is indicated in the least preferred alternative QoS profile by one or more first QoS parameters (TS23.501 Section 5.7.2.4.1b “If, for a given GBR QoS Flow, Notification control is enabled and the NG-RAN has received a list of Alternative QoS Profile(s)”).
Regarding claim 5 and 41, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: wherein: the one or more first QoS parameters comprise any one or more of: a guaranteed flow bit rate, GFBR; a packet delay budget, PDB; a packet error rate, PER; a QoS Identifier, QI; and a Maximum Flow Bit Rate, MFBR. (TS23.501 Section 5.7.2.4.1b “If, for a given GBR QoS Flow, Notification control is enabled and the NG-RAN has received a list of Alternative QoS Profile(s) for this QoS Flow and supports the Alternative QoS Profile handling, the following shall apply: 1) If the NG-RAN determines that the GFBR, the PDB or the PER of the QoS profile cannot be fulfilled, NG-RAN shall send a notification towards SMF that the "GFBR can no longer be guaranteed").
Regarding claim 6 and 42, TS23.501 and Wei teaches the method as claimed in claim 4, wherein: the second QoS is indicated by one or more second QoS parameters; and the second QoS does not match the first QoS if any one of the one or more second QoS parameters do not match a respective one of the one or more first QoS parameters (TS23.501 Section 5.7.2.4.1b “If there is no match, the NG-RAN shall send a notification that the "GFBR can no longer be guaranteed" towards the SMF without referencing any of the Alternative QoS Profile(s)”).
Regarding claim 10 and 46, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the first predefined index is one of a set of predefined indices comprising at least one second predefined index, wherein each second predefined index corresponds to one of the one or more alternative QoS profiles (TS23.501 Section 5.7.2.4.1b “If, for a given GBR QoS Flow, Notification control is enabled and the NG-RAN has received a list of Alternative QoS Profile(s)”).
Regarding claim 11 and 47, TS23.501 and Wei teaches the method as claimed in claim 10, the method comprising: receiving the set of predefined indices from the core network node (5GC) (Wei [0135] An example implementation of alternative QoS profiles 105b list conveyed from 5GC to the NG-RAN is as shown below.TABLE-US-00001 INDEX QoS PROFILE).
Regarding claim 12 and 48, TS23.501 and Wei teaches the method as claimed in claim 10, wherein: each second predefined index is a different integer value (Wei “[0193] An example of the index of the fulfilled QoS profile is: value 0 indicates initial QoS profile, value 1 indicates the first item of the alternative QoS profile list, value 2 indicates the second item of the alternative QoS profile, and so on about the prepared resources at the target.”).
Regarding claim 13, TS23.501 and Wei teaches the method as claimed in claim 12, wherein: each second predefined index is a different integer value from one to N, wherein N corresponds to the number of alternative QoS profiles (Wei “[0193] An example of the index of the fulfilled QoS profile is: value 1 indicates the first item of the alternative QoS profile list, value 2 indicates the second item of the alternative QoS profile, and so on about the prepared resources at the target.”)
Regarding claim 14, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the least preferred alternative QoS profile is an alternative QoS profile with a lowest priority out of the one or more alternative QoS profiles (TS23.501 Section 5.7.2.4.1b 2) “NOTE 1: The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”)
Regarding claim 15, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: if the first network node is able to fulfil a third QoS indicated in an alternative QoS profile of the one or more alternative QoS profiles: signalling (notifying), to the core network node (SMF), a second message comprising an indication that indicates the alternative QoS profile that the first network node is able to fulfil (TS23.501 Section 5.7.2.4.1b; NOTE 2 it is assumed that NG-RAN implementation can apply hysteresis .. before notifying the SMF that the currently fulfilled values match the QoS Profile or a different Alternative QoS Profile of higher priority; Section 5.7.2.4.2; page 170 4th paragraph; “If a QoS Flow has been accepted by the Target NG-RAN based on an Alternative QoS Profile, the reference to the matching Alternative QoS Profile is provided from the Target NG-RAN to the AMF”).
Regarding claim 16, TS23.501 and Wei teaches the method as claimed in claim 15, wherein: the first network node is able to fulfil the third QoS subsequent and/or prior to the first network node being unable to fulfil the first QoS (TS23.501 Section 5.7.2.4.1b; “1)If the NG-RAN determines that the GFBR, the PDB or the PER of the QoS profile cannot be fulfilled, NG-RAN shall send a notification towards SMF that the "GFBR can no longer be guaranteed"... 2)If a notification that the "GFBR can no longer be guaranteed" has been sent to the SMF and the NG-RAN determines that the currently fulfilled GFBR, PDB or PER are different (better or worse) from the situation indicated in the last notification, the NG-RAN shall send a further notification to the SMF and indicate the currently fulfilled situation.”).
Regarding claim 17, TS23.501 and Wei teaches the method as claimed in claim 15, wherein: the alternative QoS profile that the first network node is able to fulfil is the alternative QoS profile with a highest priority out of the one or more alternative QoS profiles that the first network node is able to fulfil (TS23.501 Section 5.7.2.4.1b; “ 1) If the NG-RAN determines that the GFBR, the PDB or the PER of the QoS profile cannot be fulfilled, NG-RAN shall send a notification towards SMF that the "GFBR can no longer be guaranteed". Before sending a notification that the "GFBR can no longer be guaranteed" towards the SMF, the NG-RAN shall check whether the the GFBR, the PDB and the PER that the NG-RAN currently fulfils match any of the Alternative QoS Profile(s) in the indicated priority order. If there is a match, the NG-RAN shall indicate the reference to the matching Alternative QoS Profile with the highest priority together with the notification to the SMF.”).
Regarding claim 18, TS23.501 and Wei teaches the method as claimed in claim 15, wherein: the third QoS is the first QoS and the alternative QoS profile that the first network node is able to fulfil is the least preferred alternative QoS profile (TS23.501 Section 5.7.2.4.1b 2) “NOTE 1: The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”)
Regarding claim 19, TS23.501 and Wei teaches the method as claimed in claim 15, wherein: the indication is a second predefined index corresponding to the alternative QoS profile that the first network node is able to fulfil (TS23.501 Section 5.7.1.2a, 5.7.2.4.1b; “If, for a given GBR QoS Flow, Notification control is enabled and the NG-RAN has received a list of Alternative QoS Profile(s) for this QoS Flow and supports the Alternative QoS Profile handling, the following shall apply: 1) If the NG-RAN determines that the GFBR, the PDB or the PER of the QoS profile cannot be fulfilled, NG-RAN shall send a notification towards SMF that the "GFBR can no longer be guaranteed". Before sending a notification that the "GFBR can no longer be guaranteed" towards the SMF, the NG-RAN shall check whether the the GFBR, the PDB and the PER that the NG-RAN currently fulfils match any of the Alternative QoS Profile(s) in the indicated priority order. If there is a match, the NG-RAN shall indicate the reference to the matching Alternative QoS Profile with the highest priority together with the notification to the SMF.”).
Regarding claim 20, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the one or more alternative QoS profiles are alternatives to a requested QoS profile (TS23.501 Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).”).
Regarding claim 21, TS23.501 and Wei teaches the method as claimed in claim 20, wherein: the method is performed in response to the first network node being unable to fulfil the requested QoS profile (TS23.501 Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).”).
Regarding claim 22, TS23.501 and Wei teaches the method as claimed in claim 1, the method comprising: receiving the one or more alternative QoS profiles from the core network node (Wei [0135] An example implementation of alternative QoS profiles 105b list conveyed from 5GC to the NG-RAN is as shown below.TABLE-US-00001 INDEX QoS PROFILE).
Regarding claim 23, TS23.501 and Wei teaches the method as claimed in claim 1, the method comprising: checking if the first network node fulfils at least one QoS profile of the one or more alternative QoS profiles (TS23.501 Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).
Regarding claim 24, TS23.501 and Wei teaches the method as claimed in claim 23, wherein: checking if the first network node fulfils at least one QoS profile of the one or more alternative QoS profiles comprises: checking if the first network node fulfils at least the least preferred QoS profile (TS23.501 Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).
Regarding claim 25, TS23.501 and Wei teaches the method as claimed in claim 23, wherein: checking if the first network node fulfils at least one QoS profile of the one or more alternative QoS profiles comprises: checking the one or more alternative QoS profiles in an order according to a priority corresponding to each of the one or more alternative QoS profiles, wherein the least preferred alternative QoS profile is the alternative QoS profile with the lowest priority (TS23.501 Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).
Regarding claim 27, TS23.501 and Wei teaches the method as claimed in claim 26, wherein: the first message is the response to the request for the handover and the first predefined index signals to the core network node that the handover is not possible (Wei “[0057] The second network entity of the second aspect provides a solution for multi-QoS profile support during UE mobility, i.e., during the HO, because it is able to select a QoS profile and send back an according response message based on the selected QoS profile. The second network entity mays select an active QoS profile, or may select an alternative QoS profile from the message.)
Regarding claim 28, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the first message is signalled to the core network node in response to: a control plane of a centralised unit of the first network node receiving a third message from a distributed unit of the first network node, wherein the third message comprises the first predefined index; and/or a user plane of the centralised unit of the first network node receiving a fourth message from the control plane of the centralised unit of the first network node, wherein the fourth message comprises the first predefined index (TS23.501 page 236 3rd to last paragraph “The (R)AN may use Requested NSSAI in access stratum signalling to handle the UE Control Plane connection before the 5GC informs the (R)AN of the Allowed NSSAI.”; Section 5.7.1.2a, ” the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled, the NG-RAN shall, if the currently fulfilled values match an Alternative QoS Profile, include also the reference to the Alternative QoS Profile to indicate the QoS that the NG-RAN currently fulfils”).
Regarding claim 29, TS23.501 and Wei teaches the method as claimed in claim 28, the method comprising: if the first network node is unable to fulfil the first QoS indicated in the least preferred alternative QoS profile: signalling the third message from the distributed unit of the first network node to the control plane of the centralised unit of the first network node; and/or signalling the fourth message from the control plane of the centralised unit of the first network node to the user plane of the centralised unit of the first network node (Note: this is a contingent or an optional limitation because when the condition “if” is not true, then the step “signaling…” is not performed.; TS23.501 page 236 3rd to last paragraph “The (R)AN may use Requested NSSAI in access stratum signalling to handle the UE Control Plane connection before the 5GC informs the (R)AN of the Allowed NSSAI.”; Section 5.7.1.2a, ” the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled, the NG-RAN shall, if the currently fulfilled values match an Alternative QoS Profile, include also the reference to the Alternative QoS Profile to indicate the QoS that the NG-RAN currently fulfils”).
Regarding claim 30, TS23.501 and Wei teaches the method as claimed in claim 1, wherein: the first predefined index is an Information Element, IE, of the first message (Wei; [0155] “The network entity 100 may be configured to add multiple QoS profiles (e.g., active/requested/supported) as part of QoS flow level QoS parameters in the HO request message, e.g., via a UE context information element (IE).”).
Regarding claim 33, TS23.501 and Wei teaches the method as claimed in claim 32, wherein: the QoS flow establishment and/or modification is rejected if the first network node is unable to fulfil the first QoS (TS23.501 Section 5. 7. 1. 2a, “the NG-RAN sends a notification to the SMF that the QoS profile is not fulfilled”; Section 5.7.2.4.1b 2) “NOTE 1:The fulfilled situation is either the QoS Profile, an Alternative QoS Profile, or an indication that the lowest priority Alternative QoS Profile cannot be fulfilled”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG L LAM whose telephone number is (571)272-6497. The examiner can normally be reached Monday -Thursday 9-5pm.
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, Matthew Anderson can be reached at 571-272-4177.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.
/DUNG L LAM/Examiner, Art Unit 2646
/MATTHEW D. ANDERSON/Supervisory Patent Examiner, Art Unit 2646