DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/17/2025 has been entered and made of record.
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 Status
Claims 1, 8 and 9 are amended.
No new claim is/are added.
Claims 1, 3-9 and 11-14 are pending for examination.
Applicant Argument
Applicant’s response has been fully considered. Below are applicant’s main arguments and examiner’s response to those arguments:
Applicant’s argument: (remark pages 8-12), filed on 11/17/2025, with respect to claims 1 and 8-9, ‘1) The network entity related to session transmits request message related to congestion control experience analytics based on "session management" …are not rendered obvious by the asserted references for at least the reasons stated above’.
Examiner’s response: Examiner respectfully disagrees. S2-1909271 teaches congestion control experience related to SMF (Session Management Function) for a DNN or S-NSSAI, in another word, a Session Management Congestion Control Experience (SMCCE) for a DNN and/or S-NSSAI (S2-1909271: [Figure 6.4.4-1]; [Page 4]; [Page 7]; [Page 8]; [Table 6.4.2-1]; [Table 6.4.2-2]).
Applicant’s argument: (remark pages 8-12), filed on 11/17/2025, with respect to claims 1 and 8-9, ‘2) The network entity related to session receives response message includes the list of UEs classified based on SMCC experience level …are not rendered obvious by the asserted references for at least the reasons stated above’.
Examiner’s response: Examiner respectfully disagrees. S2-1909271 teaches a list of UEs classified based on a Session Management Congestion Control (SMCC) experience level by congestion level threshold (S2-1909271: [Page 2]; [Page 8-9]; [Table 6.4.2-1]) and TR23.791 teaches congestion status reported with level High, Medium or Low. Therefore, combination of S2-1909271 and TR23.791 teaches the limitations as claimed with motivation to support finer classification of congestion level.
Applicant’s arguments (remark pages 7-12), filed on 11/17/2025, with respect to claims 1, 3-9 and 11-14 have been considered but are not convincing. The claim rejections under 35 USC § 103 are not withdrawn.
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over S2-1909271, in view of TR23.791 V16.2.0, hereinafter “TR23.791”.
Per claim 1, 8 and 9:
Regarding claim 8, S2-1909271 teaches ‘A service consumer’ (S2-1909271: [Figure 6.4.4-1]: “NF (consumer); [Page 7]: “5GC NF (e.g., AMF, SMF, AF and UDM)”, a service consumer such as SMF); ‘comprising: at least one processor’ (existence of processor for a device is implied); ‘at least one memory’ (existence of memory for a device is implied); ‘for storing instructions and operably electrically connectable with the at least one processor; wherein operations performed based on the execution of the instructions by the at least one processor include’ (these are implied);
‘transmitting a request message for a Session Management Congestion Control Experience (SMCCE) to a Network Data Analytics Function (NWDAF)’ (S2-1909271: [Figure 6.4.4-1]: step 1: “NF (consumer)”->”NWDAF”: “Nnwdaf_AnalyticsSubscription_Subscribe”; [Page 7]: “5GC NF (e.g., AMF, SMF, AF and UDM)”; [Page 4]: “NF sends an Analytics request/subscribe”; [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”; [Table 6.4.2-1]: “Service Experience”; [Table 6.4.2-2]: “SMF … PDU Session”; transmit a request for congestion control experience related to SMF (Session Management Function), in another word, a Session Management Congestion Control Experience (SMCCE), to NWDAF);
‘wherein the request message includes identification of Data Network Name (DNN) and/or identification of Single -Network Slice Selection Assistance Information (S-NSSAI)’ (S2-1909271: [Page 4]: “NF sends an Analytics request … S-NSSAI, DNN”; [Table 6.4.2-2]: “DNN”, S-NSSAI”, “Source”: “SMF”);
‘receiving analytics information’ (S2-1909271: [Figure 6.4.4-1]: step 3: “NWDAF”-> “NF”: “Nnwdaf_AnalyticsSubscription_Notify”; [Page 4]: “The NWDAF provides the data analytics, i.e. the observed Service Experience (which can be a range of values) to the consumer NF by means of Nnwdaf_AnalyticsSubscription_Notify”, receive analytics information from NWDAF);
‘including a list of User Equipments (UEs) classified based on an experience level of a Session Management Congestion Control (SMCC)’ (S2-1909271: [Page 2]: “detailed Service Experience (i.e. a group of UEs or a list of UEs)”; [Page 8-9]: “the requestor subscribes to user data congestion related analytics, it may indicate a threshold and the NWDAF will provide analytics to the requestor when the congestion level crosses the threshold”; [Table 6.4.2-1]: “Service Experience”, “the observed level of Service Experience”, include a list of UE classified based on SMCC experience level).
S2-1909271 does not expressly teach ‘wherein the list of the UEs includes at least one of a first list, a second list, or a third list, wherein the first list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is high, wherein the second list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is medium, and wherein the third list is a list of UEs whose SMCC experience level for at least one of the DNN and/or the S-NSSAI is low’.
However, TR23.791 in the same field of endeavor teaches congestion status reported with level High, Medium or Low (TR23.791: [Page 100]: “Either exact values for congestion status, as reported by NWDAF(s) to NEF or abstracted values e.g. (High, Medium, Low) can be reported”; [Page 105]: “UEs' service experience”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TR23.791’s teaching with that of S2-1909271 for the list of UEs to at least one of a first list, a second list, or a third list, wherein the first list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is high, wherein the second list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is medium, and wherein the third list is a list of UEs whose SMCC experience level for at least one of the DNN and/or the S-NSSAI is low in order to support finer classification of congestion level.
Regarding claim 1, claim 1 recites the method implemented by the device of claim 8 (see rejection of claim 8 above).
Regarding claim 9, S2-1909271 teaches ‘A method’ (S2-1909271: [Page 5]: “Procedures”, a method);
‘comprising:
receiving, by a Network Data Analytics Function (NWDAF), a request message related to a Session Management Congestion Control Experience (SMCCE) from a service consumer’ (S2-1909271: [Page 7]: “5GC NF (e.g., AMF, SMF, AF and UDM)”, service consumer such as SMF; [Figure 6.4.4-1]: step 1: “NF (consumer)”->”NWDAF”: “Nnwdaf_AnalyticsSubscription_Subscribe”; [Page 4]: “NF sends an Analytics request/subscribe”; [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”; [Table 6.4.2-1]: “Service Experience”; [Table 6.4.2-2]: “SMF … PDU Session”; receive a request for congestion control experience related to SMF (Session Management Function), in another word, a Session Management Congestion Control Experience (SMCCE) from a service consumer);
‘wherein the request message includes at least one of an identification of Data Network Name (DNN) or an identification of Single-Network Slice Selection Assistance Information (S-NSSAI)’ (S2-1909271: [Page 4]: “NF sends an Analytics request … S-NSSAI, DNN”; [Table 6.4.2-2]: “DNN”, S-NSSAI”, “Source”: “SMF”);
‘transmitting analytics information’ (S2-1909271: [Figure 6.4.4-1]: step 3: “NWDAF”-> “NF”: “Nnwdaf_AnalyticsSubscription_Notify”; [Page 4]: “The NWDAF provides the data analytics, i.e. the observed Service Experience (which can be a range of values) to the consumer NF by means of Nnwdaf_AnalyticsSubscription_Notify”, transmit analytics information to NF);
‘including a list of User Equipments (UEs) classified based on an SMCC experience level to the network entity’ (S2-1909271: [Page 2]: “detailed Service Experience (i.e. a group of UEs or a list of UEs)”; [Page 8-9]: “the requestor subscribes to user data congestion related analytics, it may indicate a threshold and the NWDAF will provide analytics to the requestor when the congestion level crosses the threshold”; [Table 6.4.2-1]: “Service Experience”, “the observed level of Service Experience”, include a list of UE classified based on SMCC experience level).
S2-1909271 does not expressly teach ‘wherein the list of the UEs includes at least one of a first list, a second list, or a third list, wherein the first list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is high, wherein the second list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is medium, and wherein the third list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is low’.
However, TR23.791 in the same field of endeavor teaches congestion status reported with level High, Medium or Low (TR23.791: [Page 100]: “Either exact values for congestion status, as reported by NWDAF(s) to NEF or abstracted values e.g. (High, Medium, Low) can be reported”; [Page 105]: “UEs' service experience”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TR23.791’s teaching with that of S2-1909271 for the list of UEs to include at least one of a first list, a second list, or a third list, wherein the first list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is high, wherein the second list is a list of UEs whose SMCC experience level for at least one of the DNN or the S-NSSAI is medium, and wherein the third list is a list of UEs whose SMCC experience level for at least one of the DNN and/or the S-NSSAI is low in order to support finer classification of congestion level.
Regarding claim 3, combination of S2-1909271 and TR23.791 teaches the method of claim 1 (discussed above).
Combination of S2-1909271 and TR23.791 teaches ‘applying session management congestion control, based on the analytics information’ (S2-1909271: [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plan”; [Table 6.4.2-2]: “SMF … PDU Session”. TR23.791: [Page 109: Figure 6.33.1.2-1]: step 3. “SMF/PCF/UPC”: “Users are regestering and use the slice as long as the admission control lets them in”; perform admission control (apply session management congestion control) based on analytics information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TR23.791’s teaching of admission control with that of S2-1909271 in order to enforce slice SLA (TR23.791: [Page 19]: “ensure that slice SLA is guaranteed”).
Regarding claim 4, combination of S2-1909271 and TR23.791 teaches the method of claim 3 (discussed above).
Combination of S2-1909271 and TR23.791 teaches ‘determining a backoff timer value to be provided to one or more UEs to which the session management congestion control is to be applied, based on the analytics information’ (S2-1909271: [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”. TR23.791: [Page 80: Table 6.21.1.3-1]: “SM back-off timers”. [Page 81]: “using NWDAF to supervise IoT devices and enable risk precaution”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TR23.791’s teaching of back-off timers with that of S2-1909271 in order to avoid risk of large amounts of UEs initiate access simultaneously.
Regarding claim 5, combination of S2-1909271 and TR23.791 teaches the method of claim 4 (discussed above).
Combination of S2-1909271 and TR23.791 teaches ‘wherein the backoff timer value to be provided to the one or more UEs is determined according to which list the one or more UEs are included among the first list of UEs, the second list of UEs, or the third list of UEs, respectively’ (S2-1909271: [Page 2]: “detailed Service Experience (i.e. a group of UEs or a list of UEs)”; [Page 8-9]: “the requestor subscribes to user data congestion related analytics, it may indicate a threshold and the NWDAF will provide analytics to the requestor when the congestion level crosses the threshold”; [Table 6.4.2-1]: “Service Experience”, “the observed level of Service Experience”, include a list of UE classified based on SMCC experience level. TR23.791: [Page 100]: “Either exact values for congestion status, as reported by NWDAF(s) to NEF or abstracted values e.g. (High, Medium, Low) can be reported”; [Page 105]: “UEs' service experience”; [Page 80: Table 6.21.1.3-1]: “SM back-off timers”. [Page 81]: “using NWDAF to supervise IoT devices and enable risk precaution”; backoff timer value provided to UE according to the list of UE based on the congestion level of High, Medium or low).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TR23.791’s teaching of back-off timers with that of S2-1909271 in order to avoid risk of large amounts of UEs initiate access simultaneously.
Regarding claim 6, combination of S2-1909271 and TR23.791 teaches the method of claim 1 (discussed above).
S2-1909271 teaches ‘wherein the analytics information is information determined by the NWDAF based on input data collected by the NWDAF’ (S2-1909271: [Page 4]: “With these data, the NWDAF estimates the Service experience”; [Page 8]: “the NWDAF shall collect and analyse UE behavioural information … User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”; [page 2]: “Input Data”; [Table 6.4.2-1]: “Service Experience”).
Per claim 7 and 14:
Regarding claim 7, combination of S2-1909271 and TR23.791 teaches the method of claim 1 (discussed above).
S2-1909271 teaches ‘wherein the request message further includes one or more information among an Analytics ID set to "Session Management Congestion Control Experience"” (S2-1909271: [Page 4]: “Analytics ID = Service Experience”; [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”; [Table 6.4.2-2]: “SMF … PDU Session”; Analytics ID set to "Session Management Congestion Control Experience"); ‘a Target of Analytics Reporting that includes one or more SUPIs’ (S2-1909271: “Target of Analytics Reporting: one or more SUPI(s)”); ‘an Analytics target period’ (this is optional).
Regarding claim 14, combination of S2-1909271 and TR23.791 teaches the method of claim 9 (discussed above).
S2-1909271 teaches ‘wherein the request message further includes one or more information among an Analytics ID set to "Session Management Congestion Control Experience"” (S2-1909271: [Page 4]: “Analytics ID = Service Experience”; [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”; [Table 6.4.2-2]: “SMF … PDU Session”; Analytics ID set to "Session Management Congestion Control Experience"); ‘a Target of Analytics Reporting that includes one or more SUPIs’ (S2-1909271: “Target of Analytics Reporting: one or more SUPI(s)”); ‘an Analytics target period’ (this is optional).
Regarding claim 11, combination of S2-1909271 and TR23.791 teaches the method of claim 9 (discussed above).
S2-1909271 teaches ‘wherein the analytics information is information related to session management congestion control’ (S2-1909271: [Page 8]: “The NWDAF can provide user data congestion related analytics, in the form of statistics or predictions or both, to another NF (e.g. SMF, PCF, AF). User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”; [Table 6.4.2-1]: “Service Experience”; [Table 6.4.2-2]: “SMF … PDU Session”).
Regarding claim 12, combination of S2-1909271 and TR23.791 teaches the method of claim 9 (discussed above).
S2-1909271 teaches ‘collecting data related to the analytics, for the analytics information’ (S2-1909271: [Page 4]: “With these data, the NWDAF estimates the Service experience”; [Page 8]: “the NWDAF shall collect and analyse UE behavioural information … User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”).
Regarding claim 13, combination of S2-1909271 and TR23.791 teaches the method of claim 12 (discussed above).
S2-1909271 teaches ‘determining the analytics information based on the collected data’ (S2-1909271: [Page 4]: “With these data, the NWDAF estimates the Service experience”; [Page 8]: “the NWDAF shall collect and analyse UE behavioural information … User Data Congestion related analytics can relate to congestion experienced while transferring user data over the control plane or user plane”).
Conclusion
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/G.F./Examiner, Art Unit 2462
/YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462