DETAILED ACTION
This office action is a response to the Request for Continued Examination (RCE) filed on 12/19/2026.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/19/2026 has been entered.
Response to Amendment
The Amendment filed on 12/19/2026 has been entered.
Claims 1-4, 7-10, 21-24 and 27-30 are pending
Claims 1-2 and 21-22 are amended
Claims 5-6, 11-20, 25-26 and 31-42 are canceled
Claims 1-4, 7-10, 21-24 and 27-30 remain rejected.
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 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 of this title, 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 1-10 and 21-30 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP (3GPP TR 23.700-40 V0.4.0 (2020-06)), hereinafter referenced as 3GPP, in view of Jeong et al. (US 20060023664 A1), hereinafter referenced as Jeong.
Regarding claims 1 and 21, 3GPP teaches a method performed by a network node for cell selection to access a network slice on a different frequency than a frequency by which a wireless device, WD, is currently served (Figure 6.31.3.1-1, Page 140, Section [6.31]-3GPP discloses Steering the UE to a network slice in a different frequency band … 5GS steer UEs to a 5G-AN (e.g. a specific frequency band) that can support the network slices that the UE can use ... The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) and S-NSSAI-2, which operates only in frequency band 2 (FB-2). Page 79, Section [6.11.4]-3GPP discloses AMF: Processing the session setup request based on the per slice information. Page 11, Section [2]-3GPP discloses System Architecture for the 5G System (5GS) {3GPP TS 23.501} ... Architecture enhancements for 5G System (5GS) to support network data analytics services {3GPP TS 23.288}), the method comprising:
receiving a service request from the WD (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 2) An application in the UE needs to establish service on S-NSSAI-2 in FB-2 ... 4) The UE triggers PDU Session Establishment Request on S-NSSAI-2 via RAN-1),
the WD being connected to a first cell (Figure 6.31.3.1-1, Page 140-141, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 3) The UE establishes RRC connection with RAN-1 … 5) AMF is aware that RAN-1, via which the UE is connected),
the first cell servicing a first network slice which operates in a first frequency (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1)),
the requested service to be performed over a second network slice which operates in a second frequency (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) and S-NSSAI-2, which operates only in frequency band 2 (FB-2) ... 2) An application in the UE needs to establish service on S-NSSAI-2 in FB-2) {Corresponding to the second slice configuration};
obtaining policy information relating to the first and the second network slices (Page 137, Section [6.29.2]-3GPP discloses the AMF may indicate that an S-NSSAI is supported on [FR1 only], [FR2 only] or [FR1+FR2]. Figure 6.28.3-1, Page 134, Section [6.28.2]-3GPP discloses the NSSF/AMF provide an Allowed NSSAI including only compatible S-NSSAIs based on their policies (e.g. any default S-NSSAIs or the broadest set of compatible slices including the Default S-NSSAIs). Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) {Corresponding to the first slice configuration} and S-NSSAI-2, which operates only in frequency band 2 (FB-2) {Corresponding to the second slice configuration}).
3GPP fails to explicitly teach policy information specifyinq that a user plane associated with the requested service for the WD is serviceable on at least one non-preferred frequency layer.
However, Jeong teaches establishing a session to perform the requested service on the first cell based on the policy information specifyinq that a user plane associated with the requested service for the WD is serviceable on at least one non-preferred frequency layer (Para. [0013]-Jeong discloses method for selecting a frequency layer in a connected mode UE on a non-preferred frequency layer (NPL) in an MBMS communication system. Para. [0050]-Jeong discloses even though the current frequency is an NPL, when the current frequency has sufficient available resources, the interested MBMS service can be provided on the NPL. Service availability on the NPL is known to the UE by MBMS control information received on the NPL. Fig. 6, Para. [0061-0062]-Jeong discloses reference numeral 408 denotes an NPL for a specific MBMS service ... the RNC 410 receives a Session Start message for one session of the MBMS service from an SGSN of a core network in step 411. The Session Start message requests the setup of a radio bearer for the MBMS session start. Para. [0071]-Jeong discloses the FLC controller 720 may make a decision to include the PL service restriction information in the MBMS preferred frequency information according to a different criteria such as a policy about MBMS services. Para. [0015]-Jeong discloses data receiver ... keeps a current frequency if the connected mode UE is on the NPL and the preferred frequency information includes the PL service restriction information).
3GPP and Jeong are both considered to be analogous to the claimed invention because they are in the same field of communication systems, dealing with method for controlling the selection of a frequency layer on which a connected mode User Equipment (UE) is to receive an MBMS service.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the 3GPP to incorporate the teachings of Jeong on establishing UE-cell sessions to perform services frequency layer, with a motivation for non-preferred frequency layer, and ultimately guarantee transmitting the same multimedia data to a plurality of recipients over a wireless network, (Jeong, Para. [0006]).
Regarding claims 2 and 22, 3GPP in view of Jeong teaches the method of Claim 1 and the network node of Claim 21 respectively,
3GPP further teaches the determining which one of the first cell and a second cell to perform the requested service is based at least in part on frequency information related to the first and second network slices (Page 137, Section [6.29.2]-3GPP discloses if some cell(s) in the tracking area(s) do not support all of the slices in the Allowed NSSAI, then the RFSP {Radio Access Technology Frequency Selection Policy} Index will be selected such that the UE will not select operating bands (i.e. cells) that do not allow the UE to simultaneously access all of the slices in the Allowed NSSAI ... where the operator slice deployment is governed by frequency ranges (e.g. FR1 and FR2), the AMF may indicate that an S-NSSAI is supported on [FR1 only], [FR2 only] or [FR1+FR2]),
the obtained policy information being based at least in part on the frequency information (Figure 6.28.3-1, Page 134, Section [6.28.2]-3GPP discloses the NSSF/AMF provide an Allowed NSSAI including only compatible S-NSSAIs based on their policies. Page 140, Section [6.31.2]-3GPP discloses the UE is allocated Allowed NSSAI which can contain S-NSSAIs supported in different frequency bands).
Regarding claims 3 and 23, 3GPP in view of Jeong teaches the method of Claim 2 and the network node of Claim 22 respectively,
3GPP further teaches the frequency information indicates at least one of: a. whether the second frequency is required for the second network slice; b. whether the second frequency for the second network slice is a preference; and c. whether the WD is not to be moved from the first cell to the second cell (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) and S-NSSAI-2, which operates only in frequency band 2 (FB-2) ... 5) AMF is aware that RAN-1, via which the UE is connected, does not support S-NSSAI-2 and the AMF is aware that S-NSSAI-2 is supported by another RAN Node ... 7) RAN-1 triggers inter-frequency cell change to RAN-2 which supports S-NSSAI-2 and is in UE's location).
Regarding claims 4 and 24, 3GPP in view of Jeong teaches the method of Claim 2 and the network node of Claim 22 respectively,
3GPP further teaches the frequency information indicates at least one of: a. whether the second frequency is required for an activated user plane, UP, in the second network slice; b. whether the second frequency for the activated UP in the second network slice is a preference; and c. whether the WD is not to be moved from the first cell to the second cell (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) and S-NSSAI-2, which operates only in frequency band 2 (FB-2) ... 7) RAN-1 triggers inter-frequency cell change to RAN-2 which supports S-NSSAI-2 and is in UE's location. Page 139, Section [6.30.3]-3GPP discloses if a Service Request procedure or activation of UP {User Plane} resourced for a PDU Session procedure result in use of multiple network slices operated in different frequency bands, the NG-RAN node may decide to activate Dual Connectivity in order to used different frequency bands simultaneously).
Regarding claims 7 and 27, 3GPP in view of Jeong teaches the method of Claim3 and the network node of Claim 23 respectively,
3GPP further teaches the determining which one of the first cell and the second cell to perform the requested service comprises: when the policy information indicates that the WD is not to be moved from the first cell to the second cell, determining to utilize the first cell to perform the requested service over the second frequency by: adopting a user plane, UP, configuration to serve the second network slice (Page 139, Section [6.30.3]-3GPP discloses if a Service Request procedure or activation of UP {User Plane} resourced for a PDU Session procedure result in use of multiple network slices operated in different frequency bands, the NG-RAN node may decide to activate Dual Connectivity in order to used different frequency bands simultaneously. Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) and S-NSSAI-2, which operates only in frequency band 2 (FB-2)); and
establishing the session on the first cell (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band … 3) The UE establishes RRC connection with RAN-1),
the first cell servicing the second network slice in the second frequency according to the adopted UP configuration (Page 139, Section [6.30.3]-3GPP discloses if a Service Request procedure or activation of UP {User Plane} resourced for a PDU Session procedure result in use of multiple network slices operated in different frequency bands, the NG-RAN node may decide to activate Dual Connectivity in order to used different frequency bands simultaneously. Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses Steering the UE to a network slice in different frequency band ... 1) The UE is in idle mode, registered via RAN-1 for S-NSSAI-1, which operates only in frequency band 1 (FB-1) and S-NSSAI-2, which operates only in frequency band 2 (FB-2)).
Regarding claims 8 and 28, 3GPP in view of Jeong teaches the method of Claim1 and the network node of Claim 21 respectively,
3GPP further teaches the first and second network slices are indicated in an allowed network slice selection assistance information, NSSAI, as allowed for the WD (Page 140, Section [6.31.2]-3GPP discloses the UE is allocated Allowed NSSAI which can contain S-NSSAIs supported in different frequency bands).
Regarding claims 9 and 29, 3GPP in view of Jeong teaches the method of Claim1 and the network node of Claim 21 respectively,
3GPP further teaches the policy information related to the first and second network slices is comprised in a radio access technology frequency selection policy, RFSP, from a policy control function, PCF (Page 137, Section [6.29.2]-3GPP discloses if some cell(s) in the tracking area(s) do not support all of the slices in the Allowed NSSAI, then the RFSP Index will be selected such that the UE will not select operating bands (i.e. cells) that do not allow the UE to simultaneously access all of the slices in the Allowed NSSAI ... where the operator slice deployment is governed by frequency ranges (e.g. FR1 and FR2), the AMF may indicate that an S-NSSAI is supported on [FR1 only], [FR2 only] or [FR1+FR2]. Pages 90-91, Section [6.17.4]-3GPP discloses PCF: - Support determining an RFSP for the Target NSSAI, and - Support extending the Access and mobility related policy control information with RFSP Index for the Target NSSAI).
Regarding claims 10 and 30, 3GPP in view of Jeong teaches the method of Claim1 and the network node of Claim 21 respectively,
3GPP further teaches the session is a protocol data unit, PDU, session (Figure 6.31.3.1-1, Page 140, Section [6.31.3]-3GPP discloses the UE triggers PDU Session Establishment Request on S-NSSAI-2 via RAN-1. Page 139, Section [6.30.3]-3GPP discloses if a Service Request procedure or activation of UP {User Plane} resourced for a PDU Session procedure result in use of multiple network slices operated in different frequency bands, the NG-RAN node may decide to activate Dual Connectivity in order to used different frequency bands simultaneously).
Response to Arguments
Applicant's Arguments/Remarks, filed on 12/19/2025, with respect to the 35 USC § 103 rejection of claims 1-4, 7-10, 21-24 and 27-30 have been fully considered. Applicant’s arguments are not persuasive.
In the remarks, on page 11, Lines [21-24], Applicant argues that, “3GPP does not describe that "establishing a session to perform the requested service on the first cell based on the policy information specifying that a user plane associated with the requested service for the WO is serviceable on at least one non-preferred frequency layer".”
However, Jeong teaches establishing a session to perform the requested service on the first cell based on the policy information specifyinq that a user plane associated with the requested service for the WD is serviceable on at least one non-preferred frequency layer (Para. [0013]-Jeong discloses method for selecting a frequency layer in a connected mode UE on a non-preferred frequency layer (NPL) in an MBMS communication system. Para. [0050]-Jeong discloses even though the current frequency is an NPL, when the current frequency has sufficient available resources, the interested MBMS service can be provided on the NPL. Service availability on the NPL is known to the UE by MBMS control information received on the NPL. Fig. 6, Para. [0061-0062]-Jeong discloses reference numeral 408 denotes an NPL for a specific MBMS service ... the RNC 410 receives a Session Start message for one session of the MBMS service from an SGSN of a core network in step 411. The Session Start message requests the setup of a radio bearer for the MBMS session start. Para. [0071]-Jeong discloses the FLC controller 720 may make a decision to include the PL service restriction information in the MBMS preferred frequency information according to a different criteria such as a policy about MBMS services. Para. [0015]-Jeong discloses data receiver ... keeps a current frequency if the connected mode UE is on the NPL and the preferred frequency information includes the PL service restriction information).
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure.
Yao et al. (US 20210022024 A1) -discloses Para. [0035]-Yao discloses a Service Request procedure is used by a UE in a connection management-idle (CM-IDLE) state or in the 5GC to request the establishment of a secure connection. Para. [0197]-Yao discloses the NG-RAN 2210 and the 5GC 2220 are responsible to handle a service request for a slice that may or may not be available in a given area. Admission or rejection of access to a slice may depend on..., support of the requested service by NG-RAN 2210. Para. [0802]-Yao discloses the term “a “Primary Cell” refers to the MCG cell, operating on the primary frequency, in which the UE either performs the initial connection establishment procedure or initiates the connection re-establishment procedure. Para. [0802]-Yao discloses the term “a “Primary Cell” refers to the MCG cell, operating on the primary frequency, in which the UE either performs the initial connection establishment procedure or initiates the connection re-establishment procedure. Para. [0197]-Yao discloses slices may be available only in part of the network. Awareness in the NG-RAN 2210 of the slices supported in the cells of its neighbors may be beneficial for inter-frequency mobility in connected mode…. …Fig. 1-2
DING et al. (US 20220417101 A1) -discloses Para. [0175-0177]-Ding discloses Access and mobility management policy provided by the AM PCF for the AMF ... The access and mobility management policy mainly includes a service area restriction and radio access technology/frequency selection policy (RFSP) ... The RFSP is mainly used by the user to select an access mode and a frequency. For example, when a part of cells are congested, the RFSP policy is adjusted to guide a user in the congested cell to migrate to another cell…. …Fig. 1-2
Raghavan et al. (US 20220159772 A1) -discloses Para. [0088]-Raghavan discloses the UE 301 may be associated with multiple network slices ... For inter-frequency cell reselection, dedicated priorities can be used to control the frequency on which the UE 301 camps ... Prior to receiving an Initial Context Setup Request message, the NG-RAN 310 may be allowed to apply some provisional or local policies based on awareness of a particular slice that the UE 301 is requesting to access. During the initial context setup, the NG-RAN 310 is informed of the slice for which resources are being requested. Para. [0084]-Raghavan discloses the NG-RAN 310 also supports resource management and policy enforcement between slices as per SLAs. A single NG-RAN node may support multiple slices, and the NG-RAN 310 may also apply an appropriate RRM policy for the SLA in place to each supported slice.… …Fig. 1-2
Klatt et al. (US 20220330212 A1)-discloses [0066] According to a further preferred embodiment of the present invention, the content or value of the downlink control information indicates or defines the initial uplink radio transmission resource as a first continuous frequency band and at least a second continuous frequency band, wherein a load distribution—regarding the use of either the first or the second frequency band of the initial uplink radio transmission resource—is performed via: [0067] the user equipment drawing a random number out of a predefined range, wherein a first part of the predefined range is related to the user equipment using the first frequency band of the initial uplink radio transmission resource, and a second part of the predefined range is related to the user equipment using the second frequency band of the initial uplink radio transmission resource, and/or [0068] the user equipment uses the first frequency band of the initial uplink radio transmission resource in case of a first service orientation of the user equipment and/or in case of the use of a first network slice of the telecommunications network by the user equipment and the user equipment uses the second frequency band of the initial uplink radio transmission resource in case of a second service orientation of the user equipment and/or in case of the use of a second network slice of the telecommunications network by the user equipment…. …Fig. 1-2
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/OO/
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472