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 .
DETAILED ACTION
This is in reply to an amendment filed on 11/20/2025. Status of Claims are:
** Claims 3, 16-18, and 20 are cancelled.
** Claims 1, 2, 4, 5, 11 – 15, and 19 are amended.
** Claims 21-25 are new.
Response to Arguments
Applicant's arguments filed in the amendment filed 11/20/2025, have been fully considered but they are not persuasive. The reasons are set forth below.
Applicant argues top of page 2 of arguments:
Kim fails to teach or suggest, that after receiving the information about the changed application server from the AF node, the SMF node determines the application server based on the location of the terminal device.
In Response:
Examiner respectfully disagrees with Applicant’s perspective and interpretation of Kim. First, the rejection is based on combination of Kim in view of Tang and not just Kim. Secondly, Kim in para[0379] teaches “a network node”, can either be “an SMF node” or “an AF node” that performs application server change procedures, and further suggests that after AF successfully changes the application server, the AF then transmits information about the changed application server to the SMF node. Furthermore, Kim in para[0367] teaches that a network node (i.e., SMF / AF) can change an application server based on the location of the terminal. As such, Kim teaches and suggests that an application server can be changed by either SMF or AF based on location of the terminal (i.e., UE).
Claim Rejections - 35 USC § 103
3. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
4. Claims 1, 2, 4-15, 19 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220360977 A1 to Kim et al., (hereinafter Kim) in view of US 20230028216 A1 to Tang et al., (hereinafter Tang).
Claim 1. A connection establishment method, comprising:
receiving, by a control network element (i.e., SMF), first information from a core network element, (Kim: See para[0379], the SMF (i.e., control network element) receives a message from the AF node (i.e., a core network element). See para[0395] the changed IP address of UE’s application server is determined by SMF based on “Data Network Access Identifier” (DNAI) of application server, that is received from AF) wherein the first information is usable to indicate that an edge network serving a terminal device changes; and (Kim: See para[0379] information received indicates changed IP address of the “application server” that serves the terminal. See para[0400] SMF also receives from AF, the location information corresponding to a service area for changed “application server”)
after receiving the first information from the core network element, determining, by the control network element, a first network element based on a location of the terminal device;
(Kim: See para[0367] a network node, related to AF (i.e., SMF) changes an application server (i.e., AF) based on the location of the terminal. See para[0379] that indicates “a network node” can be either SMF node or an AF node, that perform a procedure related to application server change)
sending, by the control network element (i.e., SMF), connection information of the first network element to the terminal device (i.e., UE) (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message to the terminal (UE), that includes the IP address for UE’s changed application server (i.e., first network element) previously received from AF)
and the connection information is usable by the terminal device to connect to the first network element. (Kim: paragraph [0376,] the terminal (UE) acquires the changed IP address of its changed “application server” (i.e., first network element) for establishing connection)
Although DNAI received, can be understood as identity of an edge network that is changed having various application servers, however, Kim does not explicitly disclose that the first network element (i.e., application server) is included in an “edge network”, as understood by:
wherein the first network element is a network element in the edge network serving the terminal device
However, in a similar field, Tang in Fig. 5 and para[0057] teaches application servers such as EAS1 running App1, and EAS2 running App2, as part of “Edge Data Network 1” (EDN1), that serves the UE.
Kim teaches techniques related to changing of application servers of a terminal (UE) when the terminal (UE) moves from one location to another location. (Kim: See para[0363])
Tang teaches techniques related to changing a user plane path for accessing application servers of an edge network serving a UE for when UE moves and changes its location. (Tang: See para[0057] and Fig. 5)
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included different application servers in an edge network, as taught by Tang, with the teaching of Kim, in order to benefit from enhancements of having different application servers located in different edge networks that serve a particular UE in case the UE moves its location. (Tang: See para[0057] and Fig. 5)
Claim 2. The method according to claim 1, wherein: before the receiving, by the control network element, the first information from the core network element, the method further comprising:
sending, by the control network element, subscription request information to the core network element, (Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE)) wherein: the subscription request information is used to request the core network element to send the first information in response to detecting that a user plane management event occurs. (Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE). See para[0410] for change of application server could be due to location movement of the terminal (UE) (i.e., a user plane management event))
Claim 4. The method according to claim 2, further comprising: obtaining, by the control network element, the location of the terminal device from the core network element; (Kim: See para[0475] for SMF (i.e., the control network element) receives location information of the terminal (UE) from AMF (i.e., AF))
Claim 5. The method according to claim 4, wherein: the determining the first network element based on the location of the terminal device comprises:
determining, by the control network element, a network element whose service range includes the location of the terminal device as the first network element (Kim: See para[0475] for SMF (i.e., the control network element) receives location information of the terminal (UE) from AMF (i.e., AF) prior to receiving DNAI from AF)
Claim 6. The method according to claim 1, wherein: the control network element is a central control network element, (Kim: See Fig. 9, “SMF”(i.e., a central control network element)) and a plurality of edge networks serve the terminal device;(Tang: See Fig. 5 for plurality of edge data networks EDN1, EDN2, EDN3 serving UE) and wherein the sending, by the control network element, the connection information of the first network element to the terminal device based on the first information comprises:
selecting, by the central control network element, at least one edge network from the plurality of edge networks as the edge network serving the terminal device; (Kim: See para[0394] for DNAI is included in message that SMF receives from AF based on which SMF determines Data Network (i.e., edge data network) and the changed IP address of the application server for terminal (UE)) or
selecting, by the central control network element, at least one network element from network elements included in the plurality of edge networks as the first network element; and sending, by the central control network element, the connection information to the terminal device. (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message related to the change of the application server(i.e., first information that it has received from AF), to the terminal (UE), which includes the IP address for UE’s changed application server)
Claim 8. The method according to claim 1, wherein: the control network element is a central control network element, (Kim: See Fig. 9, “SMF”(i.e., a central control network element)) and one edge network serves the terminal device; (Tang: See Fig. 5 for plurality of edge data networks EDN1, EDN2, EDN3 serving UE) and the sending, by the control network element, the connection information of the first network element to the terminal device based on the first information comprises:
selecting, by the central control network element, at least one network element from network elements in the edge network serving the terminal device as the first network element; (Kim: See para[0373]-[0376] SMF (i.e., the central control network element) sends a message related to the change of the application server selected (i.e., first information that it has received from AF) to the terminal (UE), which includes the IP address for UE’s changed application server)
and sending, by the central control network element, the connection information to the terminal device. (Kim: See para[0373]-[0376] SMF (i.e., the central control network element) sends a message related to the change of the application server selected (i.e., first information that it has received from AF) to the terminal (UE), which includes the IP address for UE’s changed application server)
Claim 9. The method according to claim 1, wherein: the control network element is a control plane application network element, (Kim: See para[0087] SMF includes Control Plane Function (CFP as shown in Fig. 2) and a plurality of edge networks serve the terminal device; (Tang: See Fig. 5 for plurality of edge data networks EDN1, EDN2, EDN3 serving UE) and the sending, by the control network element, the connection information of the first network element to the terminal device based on the first information comprises:
selecting, by the control plane application network element, at least one edge network from the plurality of edge networks as the edge network serving the terminal device; (Kim: See para[0394] for DNAI is included in message that SMF receives from AF based on which SMF determines Data Network (i.e., edge data network) and the changed IP address of the application server for terminal (UE)) or
selecting, by the control plane application network element, at least one network element from network elements included in the plurality of edge networks as the first network element; and sending, by the control plane application network element, the connection information to the terminal device. (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message related to the change of the application server(i.e., first information that it has received from AF), to the terminal (UE), which includes the IP address for UE’s changed application server)
Claim 10. The method according to claim 1, wherein: the sending, by the control network element, the connection information of the first network element to the terminal device comprises:
sending, by the control network element, the connection information to the terminal device via a core network element. (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message related to the change of the application server selected (i.e., first information that it has received from AF (i.e., the core network element)) to the terminal (UE), which includes the IP address for UE’s changed application server)
Claim 11. The method according to claim 1, wherein: the first network element includes at least one of the following:
an edge enabler server in the edge network serving the terminal device; or
(Tang: See Fig. 5 and para[0057] teaches application servers (i.e., an edge enabler server) such as EAS1 running App1, and EAS2 running App2, as part of “Edge Data Network 1” (EDN1), that serves the UE.)
Kim teaches techniques related to changing of application servers of a terminal (UE) when the terminal (UE) moves from one location to another location. (Kim: See para[0363])
Tang teaches techniques related to changing a user plane path for accessing application servers of an edge network serving a UE for when UE moves and changes its location. (Tang: See para[0057] and Fig. 5)
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included different application servers, as taught by Tang, with the teaching of Kim, in order to benefit from enhancements of having different application servers located in different edge networks that serve a particular UE in case the UE moves its location. (Tang: See para[0057] and Fig. 5)
Claim 12. The method according to claim 11, further comprising in response to the terminal device establishing a connection with the edge enabler server, sending, by the control network element, application information of the first application network element to the terminal device. (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message related to the change of the terminal’s application server, to the terminal (UE), which includes the IP address for UE’s changed application server. It is understood that terminal/UE is/was already attached to an application server)
Claim 13. The method according to claim 1, wherein: the location of the terminal device includes at least one of a tracking area identity or a cell identifier. (Kim: See para[0154] for N2 parameter includes location information related to a cell that the UE is camping, such as cell identifier (i.e., Cell ID))
Claim 14. the method according to claim 1, wherein the method further comprises:
sending, by the core network element, the first information to the control network element, (Kim: See para[0379], the SMF (i.e., the control network element) receives a message from the AF network node (i.e., the core network element) that includes IP address information of the changed “application server” (i.e., a first network element) for terminal. See para[0395] the changed IP address of UE’s application server is determined by SMF based on DNAI (Data Network Access Identifier) received from AF)
Claim 15. The method according to claim 14, wherein: before the sending, by the core network element, the first information to the comprises:
receiving, by the core network element, subscription request information sent by the control network element, wherein the subscription request information requests the core network element to send the first information in response to detecting that a user plane management event occurs.
(Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE). See para[0410] for change of application server could be due to location movement of the terminal (UE) (i.e., a user plane management event))
Claim 19. A communication apparatus, comprises: a processor; and a memory, operably connected to the processor, storing instructions which, in response to being executed by the processor, (Kim: See para[0700] for network devices having processor and memory) cause the communication apparatus to:
receive first information from a core network element, (Kim: See para[0379], the SMF (i.e., control network element) receives a message from the AF network node (i.e., a core network element) including IP address information of the changed “application server” (i.e., a first network element) for terminal. See para[0395] the changed IP address of UE’s application server is determined by SMF based on DNAI (Data Network Access Identifier) received from AF) wherein the first information is usable to indicate that an edge network serving a terminal device changes; (Kim: See para[0379] information received indicates changed IP address of the “application server” that serves the terminal. See para[0400] SMF also receives from AF location information corresponding to a service area for changed “application server”) and
after receiving the first information from the core network element, determining, by the control network element, a first network element based on a location of the terminal device;
(Kim: See para[0367] a network node, related to AF (i.e., SMF) changes an application server (i.e., AF) based on the location of the terminal. See para[0379] that indicates “a network node” can be either SMF node or an AF node, that perform a procedure related to application server change)
send connection information of the first network element to the terminal device, (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message to the terminal (UE), that includes the IP address for UE’s changed application server (i.e., first network element) previously received from AF)
and the connection information is usable by the terminal device to connect to the first network element. (Kim: paragraph [0376] the terminal (UE) acquires the changed IP address of its application server for establishing connection)
Although DNAI received, can be understood as identity of an edge network that is changed having various application servers, however, Kim does not explicitly disclose that the first network element (i.e., application server) is included in an “edge network”, as understood by:
wherein the first network element is a network element in the edge network serving the terminal device
However, in a similar field, Tang in Fig. 5 and para[0057] teaches application servers such as EAS1 running App1, and EAS2 running App2, as part of “Edge Data Network 1” (EDN1), that serves the UE.
Kim teaches techniques related to changing of application servers of a terminal (UE) when the terminal (UE) moves from one location to another location. (Kim: See para[0363])
Tang teaches techniques related to changing a user plane path for accessing application servers of an edge network serving a UE for when UE moves and changes its location. (Tang: See para[0057] and Fig. 5)
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included different application servers in an edge network, as taught by Tang, with the teaching of Kim, in order to benefit from enhancements of having different application servers located in different edge networks that serve a particular UE in case the UE moves its location. (Tang: See para[0057] and Fig. 5)
Claim 21. The method according to claim 1, wherein the connection information of the first network element comprises at least one of the following: an IP address, a uniform resource identifier, or a fully qualified domain name of the first network element.
(Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE). See para[0410] for change of application server could be due to location movement of the terminal (UE) (i.e., a user plane management event))
Claim 22. The communication apparatus according to claim 19, wherein the communication apparatus is further used to:
before receiving the first information from the core network element, send subscription request information to the core network element, wherein the subscription request information is used to request the core network element to send the first information in response to detecting that a user plane management event occurs. (Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE). See para[0410] for change of application server could be due to location movement of the terminal (UE) (i.e., a user plane management event))
Claim 23. The communication according to claim 19, wherein the communication apparatus is further caused to: obtain the location of the terminal device from the core network element. (Kim: See para[0279] for AMF may deliver N2 SM information and user location information received from AN to SMF)
Claim 24. A system, comprising a control network element and a core network element,
wherein the control network element is configured to:
receive first information from the core network element, (Kim: See para[0379], the SMF (i.e., control network element) receives a message from the AF node (i.e., a core network element). See para[0395] the changed IP address of UE’s application server is determined by SMF based on “Data Network Access Identifier” (DNAI) of application server, that is received from AF) wherein the first information is usable to indicate that an edge network serving a terminal device changes; (Kim: See para[0379] information received indicates changed IP address of the “application server” that serves the terminal. See para[0400] SMF also receives from AF, the location information corresponding to a service area for changed “application server”)
after receiving the first information from the core network element, determine a
first network element based on a location of the terminal device; and
(Kim: See para[0367] a network node, related to AF (i.e., SMF) changes an application server (i.e., AF) based on the location of the terminal. See para[0379] that indicates “a network node” can be either SMF node or an AF node, that perform a procedure related to application server change)
send connection information of the first network element to the terminal device, (i.e., UE) (Kim: See paragraph[0373]-[0376] SMF (i.e., the control network element) sends a message to the terminal (UE), that includes the IP address for UE’s changed application server (i.e., first network element) previously received from AF)
and the connection information is usable for the terminal device to connect to the first network element
(Kim: paragraph [0376,] the terminal (UE) acquires the changed IP address of its changed “application server” (i.e., first network element) for establishing connection)
the core network element is configured to:
send the first information to the control network element.
Although DNAI received, can be understood as identity of an edge network that is changed having various application servers, however, Kim does not explicitly disclose that the first network element (i.e., application server) is included in an “edge network”, as understood by:
wherein the first network element is a network element in the edge network serving the terminal device,
However, in a similar field, Tang in Fig. 5 and para[0057] teaches application servers such as EAS1 running App1, and EAS2 running App2, as part of “Edge Data Network 1” (EDN1), that serves the UE.
Kim teaches techniques related to changing of application servers of a terminal (UE) when the terminal (UE) moves from one location to another location. (Kim: See para[0363])
Tang teaches techniques related to changing a user plane path for accessing application servers of an edge network serving a UE for when UE moves and changes its location. (Tang: See para[0057] and Fig. 5)
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included different application servers in an edge network, as taught by Tang, with the teaching of Kim, in order to benefit from enhancements of having different application servers located in different edge networks that serve a particular UE in case the UE moves its location. (Tang: See para[0057] and Fig. 5)
Claim 25. The system according to claim 24, wherein the control network element is further configured to:
before receiving the first information from the core network element, send subscription
request information to the core network element, (Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE)) wherein the subscription request information is used to request the core network element to send the first information in response to detecting that a user plane management event occurs; and the core network element is further configured to: receive, from the control network element, the subscription request information.
(Kim: Fig. 9, para[0405] SMF (i.e., the control network element) sending subscription request message to AF (i.e., the core network element) in order to receive notifications from AF related to IP address change of application servers serving the terminal (UE). See para[0410] for change of application server could be due to location movement of the terminal (UE) (i.e., a user plane management event))
5. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20220360977 A1 to Kim et al., (hereinafter Kim) in view of US 20230028216 A1 to Tang et al., (hereinafter Tang), and in further view of US 20220345929 A1 to Kim et al., (hereinafter Kim).
Claim 7. Kim in view of Tang teaches the method according to claim 6, wherein changed Application Server’s IP address can be determined based on DNAI information received (Kim: See para[0395]), however, they do not seem to explicitly disclose that AF (i.e., core network element) sends to SMF ((i.e., central core network element) various data path latency information that UE experiences such as between UE and UPF (i.e., a user plane network element), after which, the SMF, based on data path delay information and DNAI (i.e., edge network serving UE), determines and selects a DNAI and/or Application Server (i.e., one network element), for UE; as understood by:
further comprising receiving, by the central control network element, a plurality of pieces of delay information from the core network element, wherein each piece of delay information includes a transmission delay between the terminal device and one user plane network element; the selecting, by the central control network element, the at least one edge network from the plurality of edge networks as the edge network serving the terminal device comprises: selecting, by the central control network element based on at least the plurality of pieces of delay information, the at least one edge network from the plurality of edge networks as the edge network serving the terminal device; and the selecting, by the central control network element, the at least one network element from the network elements included in the plurality of edge networks as the first network element comprises: selecting, by the central control network element, the at least one network element from the network elements included in the plurality of edge networks as the first network element based on at least the plurality of pieces of delay information.
However, in a similar field, Lee, in Fig 7, #702, #706, and para[0177]-[0186] teaches AF (i.e., core network element) sends “Nnef_Trafficinfluence_Create/Update/Delete message” (#602) that includes DNAI list and latency time information indicator for the data path PSA-UPF (user plane function) that the terminal experiences (i.e., between UE and UPF). These information are then forwarded by PCF to SMF (i.e., central core network element), in step #706, via “Nnef_TrafficInfluence_AppRelocationInfo” message, after which, SMF receives it and selects a target DNAI serving UE, from the list of DNAI, and according to PSA-UPF (i.e., UE-UPF) data path information having a minimum data path latency.
Kim teaches techniques related to changing of application servers of a terminal (UE) when the terminal (UE) moves from one location to another location. (Kim: See para[0363])
Tang teaches techniques related to changing a user plane path for accessing application servers of an edge network serving a UE for when UE moves and changes its location. (Tang: See para[0057] and Fig. 5)
Lee teaches techniques related to relocation of an application server that a terminal access according to movement of the terminal (i.e., UE) in edge computing (see para[0081]) wherein SMF selects a target DNAI from among a DNAI list , and according to data path delay information that it receives from AF via messaging. (Lee: See para[0177]-[0186])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included SMF selecting a target DNAI from among a DANI list, according to data path delays, as taught by Lee, with the teachings of Kim in view of Tang, in order to benefit from further enhancements related to application server access methods, according to movement of the terminal (Lee: See para[0081]), wherein SMF selects a DNAI serving UE based on latency information it receives from AF. (Lee: See para[0177]-[0186]))
Conclusion
6. 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID ESMAEILIAN whose telephone number is (571)270-7830. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M. E./
Examiner, Art Unit 2477
/GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477