DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/6/2025 has been entered.
PRIOR ART
The following references are prior art:
1. Appl. No. 17/867,054 (“Wys”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2022/0353138 A1, names another inventor (Przemyslaw WYSZKOWSKI), and was effectively filed Feb. 7, 2020 before Aug. 29, 2022 the effective filing date of the claimed invention. Since the PG-PUB contains unreadable characters (e.g., in some of the tables), the clean version of the substitute specification corresponding to that publication was previously included as an office action appendix.
2. 3GPP TS 23.003 version 17.6.0 Release 17 (“TS 23.003”), titled “Digital cellular telecommunications system (Phase 2+) (GSM); Universal Mobile Telecommunications System(UMTS); LTE; 5G; Numbering, addressing and identification,” is prior art under 35 U.S.C. 102(a)(1) since it published in July 2022 before Aug. 29, 2022 the effective filing date of the claimed invention.
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
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.
CLAIMS 1-20
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wys (US 2022/0353138 A1) and 3GPP TS 23.003.
Claim 1
With respect to claim 1, Wys taught:
A method comprising: creating, by a processor and based on a network slice design submitted by a user, a network slice (Wys [0094] taught that FIG. 3 is a flowchart of a method of generating a descriptor for a network slice. Wys [0095] taught, referring to FIG. 3, in operation 310, an electronic device may obtain requirements for a network slice… the electronic device may obtain the requirements for a network slice by receiving a user input from a user. Wys [0207] taught that an electronic device 1700 may include a processor 1730. Wys [0208] taught that the processor 1730 may obtain requirements for a network slice… and generate a descriptor for a network slice, based on the determined at least one specific node. Wyz [0129] taught that the generated [network slice descriptor] NSLD 530 may be used by an [network slice management function] NSMF for generating an [network slice instance] NSI. Wys FIG. 5 illustrates Network Slice Descriptor 520 used to create the Network Slice Instance in runtime.);
and generating, automatically by the processor, a network slice selection assistance information ID (NSSAI ID) for the network slice (Wys [0096] taught that in operation 330, the electronic device may determine at least one of a plurality of [network slice templates] NSTs, a plurality of [network slice descriptor] NSLDs, or a plurality of [network slice instances] NSIs, based on the obtained requirements. Wys [0075] taught that a network slice descriptor (NSLD) may be a set of specific information required to generate a network slice, an NSI, or an NSSI. Wys [0079] taught that in a 5G system defined by 3GPP, one network slice may be referred to as single-network slice selection assistance information (S-NSSAI). The S-NSSAI may include a slice/service type (SST) value and a slice differentiator (SD) value. The SST may represent the characteristics of a service supported by the slice (e.g., enhanced mobile broadband (eMBB), Internet of things (IoT), ultra-reliable low-latency communications (URLLC), or vehicle-to-everything (V2X)). The SD may be a value used as an additional identifier of a particular service defined by the SST. Wys [0124] In an embodiment, the NSLD 530 and the NSLSD 532 may include information shown in Table 5. Wyz [Table 5] Attribute: id, Description: id of this NSLD/NSLSD… Attribute: name, Description: name of this NSLD/NSLSD. Wys [0208] taught that the processor 1730 may… generate a descriptor for a network slice. The Examiner finds that the network slice descriptor (NSLD id) of Wys corresponds to the network slice selection assistance information ID (NSSAI ID) since the network slice descriptor contains information required to generate a network slice (see [0075], etc.) including the network slice selection assistance information having a slice/service type (SST) value and a slice differentiator (SD) value),
wherein the instructions cause the processor to generate the nSSAI ID by: accessing a naming template; generating, using the naming template, a first portion of the nSSAI ID based on a behavior of the created network slice; and generating, using the naming template, a second portion of the nSSAI ID based on an implementation of the created network slice (Wys [0096] taught that in operation 330, the electronic device may determine at least one of a plurality of [network slice templates] NSTs, a plurality of [network slice descriptor] NSLDs, or a plurality of [network slice instances] NSIs, based on the obtained requirements. Wys [0075] taught that a network slice descriptor (NSLD) may be a set of specific information required to generate a network slice, an NSI, or an NSSI. Wys [0079] taught that in a 5G system defined by 3GPP, one network slice may be referred to as single-network slice selection assistance information (S-NSSAI). The S-NSSAI may include a slice/service type (SST) value and a slice differentiator (SD) value. The SST may represent the characteristics of a service supported by the slice (e.g., enhanced mobile broadband (eMBB), Internet of things (IoT), ultra-reliable low-latency communications (URLLC), or vehicle-to-everything (V2X)). The SD may be a value used as an additional identifier of a particular service defined by the SST. Wys [0124] In an embodiment, the NSLD 530 and the NSLSD 532 may include information shown in Table 5. Wyz [Table 5] Attribute: id, Description: id of this [network slice descriptor] NSLD/NSLSD… Attribute: name, Description: name of this NSLD/NSLSD… Attribute: functional, Description: functional capabilities of the slice that the NSLD describes, such as: mobility level, slice type (eMBB, URRLC, mIoT, V2X, etc.). Wys [0208] taught that the processor 1730 may… generate a descriptor for a network slice. The Examiner finds that Wyz taught to generate the nSSAI ID (i.e., NSLD id in Wyz) by: accessing a naming template (i.e., the information in Table 5 is used as a template for NSLDs); generating, using the naming template (i.e., creating the NSLD using the information in Table 5), a first portion of the nSSAI ID (i.e., SST value, which is identified in the “functional” attribute of the NSLD containing the slice capabilities/type) based on a behavior of the created network slice (i.e., The SST may represent the characteristics of a service supported by the slice (e.g., eMBB, IoT, URLLC, or V2X); and generating, using the naming template (i.e., creating a NSLD using the information in Table 5), a second portion of the nSSAI ID (i.e., SD) based on an implementation of the created network slice (i.e., the SD is a value used as an additional identifier of a particular service defined by the SST)).
Wys taught the limitations of claim 1 discussed above but failed to explicitly teach “wherein the first portion has a length of three characters” and “the second portion has a length of six characters, and a total length of the nSSAI ID is nine characters.”
With respect to claim 1, 3GPP TS 23.003 taught:
a naming template for NSSAI IDs wherein a first portion of the nSSAI ID is based on a behavior of the created network slice; and a second portion of the nSSAI ID based on an implementation of the created network slice, wherein the first portion has length of 8 bits/2 hexadecimal characters, wherein the second portion has a length of 24 bits/6 hexadecimal characters, and a total length of the nSSAI ID is 32 bits/8 hexadecimal characters (23.003 [p.120] section 28.4 Information for Network Slicing, taught In order to identify a Network Slice end to end, the 5GS uses information called S-NSSAI (Single Network Slice Selection Assistance Information). See clause 5.15.2 of 3GPP TS 23.501 [119]. An S-NSSAI is comprised of: - A Slice/Service type (SST), - A Slice Differentiator (SD), which is optional information that complements the Slice/Service type(s) to differentiate amongst multiple Network Slices. 23.003 [p.120] Section 28.4.2 Format of the S-NSSAI taught The structure of the S-NSSAI is depicted in Figure 28.4.2-1. 23.0003. The S-NSSAI may include both the SST and SD fields (in which case the S-NSSAI length is 32 bits in total), or the SNSSAI may just include the SST field (in which case the S-NSSAI length is 8 bits only). [Figure 28.4.2-1] taught the SST is 8 bits in length; SD is 24 bits in length. The Examiner notes that 1 hexadecimal character represents 4 bits1.).
The Examiner finds that it 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 to implement the teachings of 3GPP TS 23.003 in the teachings of Wyz because Wys [0079] explicitly states “According to an embodiment of the disclosure, in a 5G system defined by 3GPP, one network slice may be referred to as single-network slice selection assistance information (S-NSSAI)” and 3GPP TS 23.003 provides the definitions and specifications for NSSAI that Wys explicitly calls for.
The combination of Wys and 23.003 taught the limitations of claim 1 discussed above, and also taught wherein a first portion of the nSSAI ID has 2 characters, a second portion has 6 characters, and a total length of the nSSAI ID is 8 characters (as discussed above). However, combination of Wys and 23.003 failed to explicitly teach that the first portion has a “length of three characters” and that the total length is “nine characters” as claimed.
The Examiner finds that 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. The difference being that the claimed first portion is 3 characters rather than 2 characters as described in 23.003. If the first portion in 23.003 (the SST) were 3 characters, then the total length of would be 9 since the second portion (the SD) is already 6 characters. As explained on p. 120 of 23.003: “The SST field may have standardized and non-standardized values. Values 0 to 127 belong to the standardized SST range and they are defined in 3GPP TS 23.501 [119]. Values 128 to 255 belong to the Operator-specific range.” The Examiner notes that some values are standardized and some are operator specific. If the operator-specific range needed to be longer to accommodate more SSTs, another character could be added to achieve this with predictability.
As stated in MPEP 2144.05, a prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005). The claim merely adds 1 character (4 bits) to an existing data format without limiting the claim to anything beyond what is described in the 23.003 standard. There is nothing unpredictable about giving a data field an additional bit nor is any more skill than ordinary skill required to do so. Adding and configuring fields are foundational skills in the field of computer science.
Claim 2
With respect to claim 2, Wys and 3GPP TS 23.003 taught:
The method of claim 1 (see rejection above).
With respect to claim 2, Wyz taught:
wherein before the creating the network slice, the method further comprising: receiving the network slice design submitted by a user (Wys [0095] taught, referring to FIG. 3, in operation 310, an electronic device may obtain requirements for a network slice… the electronic device may obtain the requirements for a network slice by receiving a user input from a user.).
Claim 3
With respect to claim 3, Wys and 3GPP TS 23.003 taught:
The method of claim 1 (see rejection above).
With respect to claim 3, Wys taught:
further comprising: storing, by the processor, the nSSAI ID (Wys [0185] taught that in operation 1380, the electronic device may store the NSLD/NSLSD. In an embodiment, the electronic device may store the NSLD/NSLSD in an NSLD repository or an NSLSD repository. The Examiner finds, as discussed above with respect to claim 1, that the network slice descriptor (NSLD) of Wys corresponds to the NSSAI ID).
Claim 4
With respect to claim 4, Wys and 3GPP TS 23.003 taught:
The method of claim 1 (see rejection above).
With respect to claim 4, Wys taught:
further comprising: providing, by the processor, a network function management and orchestration system that includes an interface for higher layer software for management of the nSSAI ID (Wys [0088] taught a management structure between a 3GPP environment and a network functions virtualization management and orchestration (NFV-MANO) according to an embodiment of the disclosure. Wys [0090] taught that the ETSI NFV-MANO block 220 may include a network function virtualization orchestrator (NFVO) 222, a virtualized network function manager (VNFM) 224, and a virtualized infrastructure manager (VIM) 226… The VIM 226 may provide an interface for higher layer software, and manage life cycles of, schedule, assign, load, or upgrade virtual resources. Wys [0093] taught that in a process of standardizing network slicing, network slice deployment and a runtime environment may be determined by the 3GPP slice related management functions block 210 connected to the ETSI NFV-MANO block 220 including the NFVO 222, the VNFM 224, and the VIM 226. As such, an orchestrator may be in charge of overall management of target entities. That is, the orchestrator may provide necessary information in the form of a descriptor for appropriate operations of the target entities. For example, in the ETSI NFV-MANO block 220, the orchestrator may provide a network service by using an NSD as an input. As another example, in the 3GPP slice related management functions block 210, the orchestrator may provide a network slice by using an NSLD as an input. However, a method of automatically generating an NSLD, a method of automatically generating an NSD with reference to the NSLD, etc. are not specified and thus are required. Wys FIG. 22 taught an ID of this NSLD that is manually entered and a name of this NSLD that is manually entered by user. Wys [0095] taught As another example, the electronic device may obtain the requirements for a network slice by receiving a user input from a user.)
While Wys provides the above teachings with respect to claim 4, Wys did not explicitly teach that its interface for managing the NSLD (corresponding to the NSSAI ID) involved “displaying” it on a “graphical user interface.” However, Wys did implicitly teach a “user interface” since a user interface is a necessary and inherent feature needed to perform receiving input from a user (e.g., as in [0095] and FIG. 22). Graphical user interfaces are well known, conventional, and well within ordinary skill in the art of computers as evidenced by Wikipedia on User Interface2 and Wikipedia on Graphical User Interface3. The Examiner finds that 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 because Wys suggested that the NSLD (corresponding to the NSSAI ID) would be displayed on a graphical user interface since the user can manually input the NSLD id and NSLD name and the management and orchestration system (“ETSI NFV-MANO”) manages the NSLD using “higher layer software” (see [0090]). In this context, “higher layer” refers to Presentation Layer 6 and/or Application Layer 7 of the OSI model, in which “the presentation layer converts data and graphics into a display format for the application layer.4”
Claim 5
With respect to claim 5, Wys and 3GPP TS 23.003 taught:
The method of claim 1 (see rejection above).
With respect to claim 5, Wyz taught:
further comprising receiving, by the processor, a request to deactivate the network slice (Wys [0075] taught that a network slice descriptor (NSLD) may be a set of specific information required to generate a network slice… The NSLD may include life cycle management information including generation, provisioning, initialization, activation, inactivation, release, and termination. Wys [0090] taught that the ETSI NFV-MANO block 220 may include a network function virtualization orchestrator (NFVO) 222, a virtualized network function manager (VNFM) 224, and a virtualized infrastructure manager (VIM) 226… The VIM 226 may provide an interface for higher layer software, and manage life cycles of, schedule, assign, load, or upgrade virtual resources. Wys [0192] taught that in operation 1460, the electronic device may generate and store metadata. For example, the metadata may include attributes shown in Table 9, and be generated using a generation method shown in Table 9. Wys, Table 9 (see Clean Version of the Wys’s Specification provided herewith) taught a lifeCycleManagementScript that can be supplemented manually by the operator after generation. The Examiner finds that the operator manually supplementing the lifeCycleManagementScript reads on a request (i.e., an instruction to a computer to provide information or perform another function) and that notes that this “life cycle management” includes inactivation, release, and termination of the network slice (i.e., deactivation of the network slice)).
Claim 6
With respect to claim 6, Wys and 3GPP TS 23.003 taught:
The method of claim 5 (see rejection above).
With respect to claim 5, Wys taught:
further comprising: retrieving, by the processor, the network slice from storage (Wys [0203] taught that a slice descriptors generator 1620 may generate an NSLD, NSLSDs, and NSDs by … obtaining NSLD information from an NSLD repository 1630.).
Claim 7
With respect to claim 7, Wys and 3GPP TS 23.003 taught:
The method of claim 6 (see rejection above).
With respect to claim 7, Wyz taught:
further comprising: deactivating, by the processor, the network slice (Wys [0075] taught that a network slice descriptor (NSLD) may be a set of specific information required to generate a network slice… The NSLD may include life cycle management information including generation, provisioning, initialization, activation, inactivation, release, and termination.).
Claim 8
With respect to claim 8, Wys and 3GPP TS 23.003 taught:
The method of claim 7 (see rejection above).
With respect to claim 8, Wys taught:
further comprising: reusing, by the processor, the network slice as another network slice (Wys [0070] taught that a template refers to a set of general attributes capable of characterizing a particular type, and a network slice template (NST) may define a logical representation of network functions (NFs) and/or resources capable of providing required communication services and/or network capacities. That is, the NST may include abstract information for generating a network slice. The NST is a template for generating a network slice or a network slice instance (NSI), and may be used to provide a reference for generating the NSI. Wys [0132] taught that the requirements for a network slice which are obtained from the CSMF may include an SLAD. In an embodiment, the slice descriptors generator may select one of an NST, an NSI, or an NSLD satisfying the obtained requirements. For example, when the NSI or NSLD which meets the obtained requirements exists, the slice descriptors generator does not need to generate a new NSLD and may use the existing NSI or NSLD. That is, when a pre-generated NSLD or a running NSI exists, the slice descriptors generator may not generate a new NSLD, and transmit the existing NSLD or NSI to an orchestrator. The Examiner finds that the network slice template, since it is a template (i.e., a preset format for a document or file, used so that the format does not have to be recreated each time it is used), enables the network slice as another network slice. For instance, Wys describes re-using an existing descriptor (NSLD) for a new network slice instance (NSI) without generating a new NSLD).
Claim 9
Claim 9 recites limitations similar to claim 1 except that it additionally recites “an apparatus, comprising: a processor; and a memory having instructions stored thereon that, when executed by the processor, cause the processor to” perform operations similar to the method of claim 1. With respect to claim 9, Wys [0207] taught an electronic device 1700 may include a processor 1730, a memory 1720, and a transceiver 1710. The processor 1730, the memory 1720, and the transceiver 1710 of the electronic device 1700 may operate according to the above-described communication method. Claim 9 is rejected for this reason along with the reasons given above for claim 1.
Claim 10
Claim 10 recites limitations similar to claim 2 and is rejected by the same reasoning.
Claim 11
Claim 11 recites limitations similar to claim 3 and is rejected by the same reasoning.
Claim 12
Claim 12 recites limitations similar to claim 4 and is rejected by the same reasoning.
Claim 13
Claim 13 recites limitations similar to claim 5 and is rejected by the same reasoning.
Claim 14
Claim 16 recites limitations similar to claim 6 and is rejected by the same reasoning.
Claim 15
Claim 15 recites limitations similar to claim 7 and is rejected by the same reasoning.
Claim 16
Claim 16 recites limitations similar to claim 8 and is rejected by the same reasoning.
Claim 17
Claim 17 recites limitations similar to claim 1 except that it additionally recites “a non-transitory computer readable medium having instructions stored thereon that, when executed by a processor, cause the processor to” perform operations similar to the method of claim 1. With respect to claim 17, Wys [0207] taught an electronic device 1700 may include a processor 1730, a memory 1720, and a transceiver 1710. The processor 1730, the memory 1720, and the transceiver 1710 of the electronic device 1700 may operate according to the above-described communication method. Claim 17 is rejected for this reason along with the reasons given above for claim 1.
Claim 18
Claim 18 recites limitations similar to claim 2 and is rejected by the same reasoning.
Claim 19
Claim 19 recites limitations similar to claim 3 and is rejected by the same reasoning.
Claim 20
Claim 20 recites limitations similar to claim 4 and is rejected by the same reasoning.
RESPONSE TO ARGUMENTS
Applicant’s arguments, see Remarks, filed 6/22/2025, with respect to the Specification have been fully considered and are persuasive. The objections to the specification have been withdrawn.
Applicant’s arguments, see Remarks, filed 6/22/2025, with respect to the claim rejections under §103 have been fully considered but they are not persuasive, as discussed in the rejection above.
CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Davis whose telephone number is 703-756-1832. The examiner can normally be reached Mon-Fri from 11AM to 7PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh, can be reached at telephone number 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.R.D./
Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
1 https://en.wikipedia.org/wiki/Hexadecimal
2 https://en.wikipedia.org/w/index.php?title=User_interface&oldid=1099227959
3 https://en.wikipedia.org/w/index.php?title=Graphical_user_interface&oldid=1098150200
4 https://en.wikipedia.org/wiki/OSI_model