DETAILED ACTION
This is in response to the Applicant's arguments and amendments filed on 23 October 2025 in which claims 1-7, 9, 14-20 are currently pending and claims 8, 10-13 have been withdrawn.
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 .
Claim Objections
Claim 20 is objected to because the claimed limitations do not further limit the independent and dependent claims to which they depend on. In this case, the claimed limitation “the second network device comprises a bearer network device” in claim 20 is substantially the same as the claimed limitation “the second network device including a bearer network device” in independent claim 14.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 7, 9, 14-17, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Belling (PG Pub US 2015/0036687 A1).
Regarding claims 1, 14, Belling discloses a method and a first network device, wherein the first network device is used in a mobile communications network system (fig. 5).
a processing unit (processor 11, fig. 1 or processor 21, fig. 2) configured to generate a first packet, wherein a packet header of the first packet carries application information (“generate a GTP-U header extension with an application ID” [0078], “For IP packet 2, the Serving-GW decides to generate a GTP-U extension header with Application ID "B" because there is a configured mapping for the received DSCP mark "b" towards the Application Id "B"” [0079], “For each IP package received in such an APN the GGSN then checks the received DSCP value to decide whether to generate a GTP-U header extension with an application ID” [0069], “For IP packet 2, the GGSN decides to generate a GTP-U extension header with Application ID "B" because there is a configured mapping for the received DSCP mark "b" towards the Application Id "B"” [0070]); and
a sending unit (interface unit 12, fig. 1 or interface unit 22, fig. 2) configured to send the first packet to a second network device including a bearer network device (“the Serving-GW 62 forwards the packets to an SGSN 63, which forwards the packets to a BSC 64. The BSC supplies the packets to a base station 65, which forwards the packets to a UE 66” [0080], “the GGSN 52 forwards packet 1 using GTP-U without the extension header, packet 2 using GTP-U with the extension header (indication App Id B), and packet 3 using GTP-U without the extension header to an SGSN 53. The SGSN 53 forwards the packets to a BSC 54 using BSSGP, wherein only packet 2 comprises App Id B” [0072], SGSN 63, Serving-GW 62, PDN-GW 61, fig. 6), wherein the first packet is used to indicate the second network device to provide a network service based on the application information (“when an particular service or application requires a specific treatment, which is indicated by using the service indication (e.g., DCSP value)” [0054], “a predefined application which requires special treatment such as providing a specific bandwidth, a specific data rate, a specific quality of service class, resource reservation for a specific duration, and/or a specific routing for the packet” [0058], “utilize services offered by the access network; such services include, among others, data and/or (audio-) visual communication, data download etc.” [0097], “radio resources are configured such that they are suited for the application indicated by App Id B” [0073]).
Regarding claims 2, 16, Belling discloses everything claimed as applied above. In addition, Belling discloses the first packet comprises a general packet radio system tunneling protocol user plane (GTP-U) packet (“generate an GTP-U extension header for the GTP-U packet” [0059]).
Regarding claims 3, 15, Belling discloses everything claimed as applied above. In addition, Belling discloses a receiving unit (interface unit 12, fig. 1 or interface unit 22, fig. 2) configured to receive a second packet, wherein an inner layer part of the second packet comprises the application information, and wherein the processing unit is further configured to: obtain the application information from the inner layer part of the second packet, and update, by the first network device, the application information to the packet header (“a packet is received .. a DCSP value (as an example for a service identification) is detected in the packet, e.g., the packet is evaluated whether such a value is present .. it is decided based on the detected DCSP value whether a tunnel protocol extension header (e.g., GTP-U extension header) is to be generated or not. If the tunnel protocol extension header is to be generated .. the tunnel protocol extension header is generated and the received packet is encapsulated with the generated tunnel protocol extension header .. the encapsulated packet is forwarded” [0051], “when it is determined in step S23 (YES in S23) that the packet relates to the specific application, a DCSP value (as an example for a service identification) is inserted in the packet based on the application” [0056]).
Regarding claims 4, 17, Belling discloses everything claimed as applied above. In addition, Belling discloses the packet header comprises a general packet radio system tunneling protocol user plane (GTP-U) extension packet header, an internet protocol version 4 (IPv4) packet header, or an internet protocol version 6 (IPv6) extension packet header (“GTP-U header extension” [0078]).
Regarding claim 7, Belling discloses everything claimed as applied above. In addition, Belling discloses the first network device comprises a base station or a user plane function (UPF) (a base station 65, BSC 64, fig. 6).
Regarding claim 9, Belling discloses everything claimed as applied above. In addition, Belling discloses the application information comprises one or more of the following: a service-level agreement level (SLA) level, an application identifier, a user identifier, a flow identifier, and a network performance parameter (“a predefined application which requires special treatment such as providing a specific bandwidth, a specific data rate, a specific quality of service class, resource reservation for a specific duration, and/or a specific routing for the packet” [0058], “a DCSP value (as an example for a service identification)” [0056], “Application ID "B"” [0079]).
Regarding claim 20, Belling discloses everything claimed as applied above. In addition, Belling discloses the second network device comprises a bearer network device (SGSN 63, Serving-GW 62, PDN-GW 61, fig. 6).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 5, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Belling in view of Wu et al. (PG Pub US 2011/0019695 A1).
Regarding claims 5, 18, Belling discloses everything claimed as applied above. In addition, Belling discloses the GTP-U extension packet header comprises an application information field and wherein the application information field comprises the application information (“For IP packet 2, the Serving-GW decides to generate a GTP-U extension header with Application ID "B" because there is a configured mapping for the received DSCP mark "b" towards the Application Id "B"” [0079], “For each IP package received in such an APN the GGSN then checks the received DSCP value to decide whether to generate a GTP-U header extension with an application ID” [0069], “For IP packet 2, the GGSN decides to generate a GTP-U extension header with Application ID "B" because there is a configured mapping for the received DSCP mark "b" towards the Application Id "B"” [0070]).
However, Belling does not explicitly disclose the GTP-U extension packet header comprises an extension header length field, a next extension header type field; or the GTP-U extension packet header comprises an extension header length field, a next extension header type field, a reserved field.
Nevertheless, Wu discloses “next extension header type field 206c in the GTP-U header 206 .. the length field 206x in the GTP-U header 206” [0042], “The reserved field 208c is for future use” [0044].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have an extension header length field, a next extension header type field, and an application information field; or the GTP-U extension packet header comprises an extension header length field, a next extension header type field, a reserved field, because of packet generation design choice and it will allow “enabling the transceiver to transmit the second packet by the tunnel according to the identity recorded in the GTP-U header” [0010].
Claims 6, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Belling in view of Han (PG Pub US 2015/0244607 A1).
Regarding claims 6, 19, Belling discloses everything claimed as applied above. In addition, Belling discloses the packet header comprises an application information field and wherein the application information field comprises the application information (“For IP packet 2, the Serving-GW decides to generate a GTP-U extension header with Application ID "B" because there is a configured mapping for the received DSCP mark "b" towards the Application Id "B"” [0079], “For each IP package received in such an APN the GGSN then checks the received DSCP value to decide whether to generate a GTP-U header extension with an application ID” [0069], “For IP packet 2, the GGSN decides to generate a GTP-U extension header with Application ID "B" because there is a configured mapping for the received DSCP mark "b" towards the Application Id "B"” [0070]).
However, Belling does not explicitly disclose the IPv4 packet header comprises an option type field, an option length field.
Nevertheless, Han discloses “The SDNC IPv4 address list sub-TLV 1600 may comprise a type field 1610 and a length field 1620” [0055].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the IPv4 packet header comprises an option type field, an option length field, because of packet generation design choice and it will allow “routing of IPv4 data traffic” [0052].
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicants have argued regarding claim 1 that “the SGSN 63 at most discloses a GPRS support node serving device in a GPRS core network that serves data to a mobile device. Belling, however, is silent regarding the SGSN being a network bearer device. Thus, Belling fails to disclose at least these emphasized features” (page 7).
In response to Applicants’ argument, the examiner respectfully disagrees. Belling discloses various bearer network devices in fig. 6 such as SGSN 63, Serving-GW 62, PDN-GW 61. In the claimed limitation “including a bearer network device”, the limitation “bearer network device” is not further described or specified. Therefore, the claimed limitation “bearer network device” is interpreted with its broadest reasonable interpretation and the reference Belling discloses the limitations of claim 1.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T DUONG whose telephone number is (571)270-1664. The examiner can normally be reached Monday - Friday 8 AM - 6 PM EST with every other Friday off.
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/CHRISTINE T DUONG/Primary Examiner, Art Unit 2462 11/13/2025
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