DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. The instant application claims priority Provisional Application 63055852, filed 07/23/20200.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted, IDS - 01/20/2023 and 12/18/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Continued Examination (RCE)
4. 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has been withdrawn pursuant to 37 CFR 1.114.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
01/05/2026 has been entered.
Response to Amendment
4. The amendment filed 01/05/2026 has been entered. Claims 16-35 remain pending in the application. Claims 16, 21-29, 31 and 33 were amended. No claims are cancelled and no new claims were added.
Claim Rejections - 35 USC § 103
5. 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.
6. 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
he claimed invention pertains. Patentability shall not be negated by the manner
in which the invention was made.
7. The factual inquiries for establishing a background for determining obviousness
under 35 U.S.C. 103 are summarized as follows:
• Determining the scope and contents of the prior art.
• Ascertaining the differences between the prior art and the claims at issue.
• Resolving the level of ordinary skill in the pertinent art.
• Considering objective evidence present in the application indicating
• obviousness or nonobviousness.
8. 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.
9. Claims 16-35 are rejected under 35 U.S.C. 103 as being unpatentable
over Xu-Li et al. (US-20240098572-A1, disclosure for prov. drawings, specifications and paragraph number provided. Drawings similar in both disclosures and tables prov. included in main disclosure Fig. 20 and 21), hereinafter “Xu-Li” in view of 5GS ETSI TS 123 501 (System architecture for the 5G System (5GS) Rel-15, 2020) hereinafter “5GS-ETSI” and further in view of Shi-Xiaoyan et al. (US-20200186606-A1) hereinafter “Shi-Xiaoyan”.
Regarding Claim 16,
Xu-Li discloses, ‘A User Equipment ("UE") at least one memory; and at least one processor coupled [[to]] with the memory, configured to cause the for the UE to release a data radio bearer of
RNF – RAN radio components split architecture Fig. 2 for clarity from the disclosures two distinct between a UP and a CP ,
CU [Wingdings font/0xE0] AMF/SMF/AF
UP [Wingdings font/0xE0] UE [Wingdings font/0xE0] RAN (DU/RU )
RAN [Wingdings font/0xE0] UPF (for UPF[Wingdings font/0xE0] CP: UPF[Wingdings font/0xE0] DN (N6) and UPF[Wingdings font/0xE0] SMF (N4) )
RAN [Wingdings font/0xE0] AMF (N2)
And, First UPE – source RAN i.e. S-RAN
Second UPE – target RAN i.e. T-RAN
RAN setup resources with the UE e.g., configure DRBs and provide related parameters to the UE and create/generate DRB [0095], prov. [0092]. Fig. 8 step 807 AN-specific resource setup from the RAN to the UE. Above Fig. 2 and Fig. 3 illustration distinctly clarifies radio resource, DRB and a coverage provides by the RAN. When the UE switches from the coverage RAN as part of mobility and cell switch procedure from S-RAN to T-RAN, the T-RAN notifies the S-RAN to release resources for the UE. And, S-RAN release radio resource allocated for the UE after timer expires. And, radio coverage is provided by the RAN node and when T-RAN confirms the coverage for the UE and notifies to S-RAN to release the resources [0104], prov. [0101].
Fig. 3 illustrates UE connected to RAN or radio network associated with data radio bearer i.e. first data connection by RAN1 with data radio bearer. And, if the UE switches coverage from the RAN1 to RAN2 as shown in Fig. 3 the UE is allocated with another data radio bearer resource and to release the present radio bearer [0053], prov. [0050].
Xu-Li though discloses, deactivate/suspend radio resources and switch/reactivate available radio resources (disclosed above). usage reporting of resources and UPF (table 1 page 42, [0152], prov. [0146]). Regarding the first data connection to the radio resources was disclosed above. And, radio resources associated with network slice, Fig. 3, a connectivity between the UE, the RAN and UPF and shown the AN resources setup in Fig.8. and UP message tunnel binding that includes identifier network address of the UE, identifier of the UE, NSSAI. And, data forwarding tunnel pre-configuration perform network management function, OAM or network control function SMF [0079-0081]. In addition, identification of UE to a slice/NSSAI of a DN [0087]. As part of packet forward and forward action procedures, the NF update/configure the UPF during any PDU session at slice level [0138] and can be pre-configured connection/tunnel per PDU session granularity [0179]. Though claim mention regarding the first data connection of the radio resources associated with a first network slice yet these are specific to the PDU session establishment procedures as shown in Fig. 8. further includes: RAN nodes radio resources and parameters; packet detection and forwarding, usage reporting for a PDU session [0150-0151]. Therefore, discloses, an indication for the UE to setup radio resources associated with a first network slice and with the first data connection.
didn’t disclose,
‘and an indication for the UE to monitor and report radio resources’ that is associated with a first network slice and with the first data connection.
5GS-ETSI in the same field of endeavor discloses, RRM to UE specific cell and RFSP index to RAN apply to radio bearer and RFSP index in use forwarded from the S-RAN to T-RAN, identical to monitor radio resources in the claim and report “UE usage setting”, page-62 to 63.
User plane management functionalities, and user plane path of PDU Sessions. 3GPP specifications support well-articulated and comprehensive deployments with a single UPF or multiple UPFs for a given PDU Session and number of UPF supported for PDU session unrestricted, page 113, section 5.8 [0001-0003]. Further, UPF resources selection/reselection depends on centrally or distributed located close to the access network site based on different capabilities, page 210, section 6.3.3 [0014-0018]. And, Principles for Network Function and Network Function Service are available in section 6.3. Disclosure, as part of UPF management defined usage monitor handling. Activation of Usage Reporting in UPF, sage Reporting Rule can be used for different purposes (for both usage monitoring and charging), e.g. in the case that the same set of PDR(s), measurement method, trigger event, threshold, etc. apply. page 118-119, section 5.8.2.6 [0017-0019]. Detail attributes in the usage/monitor reporting URR used and generated by the UPF page-128, 132.
Disclosure of 5GS-ETSI provides further details regarding the subject matter activate/deactivate of radio resources and UPF. AN resources is illustrated between the UE, the RAN/AN and the UPF. The AN resources i.e. the data radio bearer allocated when necessary and to release them, page-100 [0004-0005]. And, network slice/instance to UPF specific to the UE and the PDU session. When UPF connected to the 5G-AN and determine the network instance/slice based on the parameters: UE location/identifier, NSSAI of the PDU session page-94. Identification and selection of network slice and NSSAI requested by the UE page-141-142. In addition, map S-NSSAI in an allowed NSSAI provided to the UE and update of UE network slice configuration, page-146.
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Xu-Li and to include
with that of 5GS-ETSI to come up with the claim invention,
This would be obvious to someone would make an intuition based on the UPF parameters usage reporting associated with the PDU session [0151] Xu-Li and further include the features of usage reporting of 5GS-ETSI page-128 and 132 to derive the claim.
someone would be motivated to include UE Radio Capabilities (disclosed by 5GS-ETSI) to have dual connectivity as part of network functionality (NFV) and Software defined networking dynamically allocate resources as part of domain of edge and distributed computing that includes certain concepts/principles of redundant and scalability of NFV enabler operated within 5G architecture. See disclosure of 5GS-ETSI section 5.21, page 188. Disclosure provide more insight and wide breadth of knowledge including motivation regarding service continuity and scalability. not to limit suspend UP resources rather efficiently re-allocate resources and maintain session and service continuity. While release resources can be quickly re-allocated to available UP resources and PDU session. While the network ensures that the UE no loss of connectivity. A connection through new PDU Session Anchor point is established before the previous connection is terminated in order to allow for better service continuity.
Monitor and usage reporting would increase reliability and allocate appropriate resources based on usage and requirement the UE. The SMF shall . SMF may also
provide the Averaging window to the UPF, page-120. And, further increase the data rate maximize the UPF between the UE, the RAN and the UPF.
As part of 5G system architectural model concept, separate the User Plane (UP) functions from the Control Plane (CP) functions, allowing independent scalability ,
evolution and flexible deployments e.g. centralized location or distributed (remote) location.
Separate the UPF from the CPF to allow more scalability.
Modularize the function design, e.g. to enable flexible and efficient network slicing.
At present, 5G core network further extended to SD-RAN 3GPP Software-defined RAN and disaggregation of RAN components to have more scalability and redundant functionalities. Disclosure of ETSI though include dual connectivity for redundancy yet explicit discloses a PDU session for a UE can from a single RAN or split them to multiple AN while deactivate/release resources. This would depend on mobility procedure and QFI or data traffic page-138 to 139.
Xu-Li, ‘suspend user plane ("UP") resources of a first data connection based on configuration message’; (Suspend or release of the first data connection disclosed above. In addition, disclosure include a user plane (UP) entity (e.g. a RAN node or a UPF) to route a data packet received from a shared user plane connection (e.g. an N3 connection or an N9 connection), properly towards the destination. For example, such a user plane entity is a RAN node and is configured to identify a proper DRB, or the user plane entity is a UPF and is configured to identify a proper user plane connection as shown in Fig. 3, and [0125].
While setup PDU session setup request by the UE, network slice include NSSAI . The RAN communicate with the UE to setup RAN specific resources that is data radio bearer and identifier of the UE that NSSAI allocated to the UE provided for specific session by SMF. These are associated parameters in the UP message that also include UP resources [0087]. While perform the handover/switch procedure, an intermediate UPF and an anchor UPF are used between the S-RAN and the T-RAN. And, Fig. 14 to 17 illustrates release of resources procedure and includes intermediate UPF and anchor UPF). And, S-RAN releases resources notified by T-RAN when receive new resources available as part of handover/switch procedure [0104-0107]. And release resources associated to the UE that includes: UP message an identifier of the PDU session for the UE [0165].
Though discloses, ‘maintain for the first data connection’ in the SMF,
And didn’t disclose ‘while maintaining an active control plane connection for the first data connection’;
Shi-Xiaoyan in the relevant art discloses, maintain a PDU session context associated with the PDU session and deactivation of the UP-connection-PDU-session, disclosure Claim 28. Disclosure, the SMF ack the UP-deactivation by NAS. A WTRU send a request to a SMF to deactivate the UP and switch to CP [0104, 0109] and Fig. 9.
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Xu-Li, 5GS-ETSI and to include Shi-Xiaoyan with that of to come up with the claim invention,
Xu-Li provide distinct motive to create the PDU-session-context to the SMF/CP in Fig. 8 and also maintain the session/service continuity [0089-0092]. That is complemented by Shi-Xiaoyan to have more reliability of the communication.
Regarding the claim element, ‘and monitor and report the radio resources’ during a time when the UP resources are suspended according to the received configuration’
5GS-ETSI discloses, ‘and monitor and report the radio resources’ associated to the first data connection and the network slice used between the UE, the RAN and the UPF and further include release the resources.
Disclosure, the usage information regarding the UPF collected and reported to the SMF based on monitor and reporting, section 5.8.2.6, Activation of Usage Reporting/monitor in UPF and towards SMF, page-118-119. An access network (AN) binds AN resources data radio bearer to the UE. Disclosure distinctly clarifies, the AN establish and bind AN resources i.e. data radio bearer for the UE and the AN to release the resources page-99[0004-0005]. As shown Fig. 5.7.1.5-1, page-98 the AN resources illustrated. And, network instances are provided by the SMF, section 5.6.12 page-94.
Usage report generated by the UPF to the SMF measurement of an active URR includes attributes uniquely identifies a session timestamp start/end time, start/stop traffic page-132. Activation/de-activation of UP connection to existing PDU session includes: release the data radio bearer and the N3 tunnel i.e. between the RAN and the UPF to be de-activated, section 5.6.8 page-88.
Disclosure include, UPF configured in either in SMF and provided to UPF activation/deactivation data flow handling and the usage report. And, packet flow description PFD management and the SMF provide PFD to the UPF. A timer associated with PFD and the SMF informs the UPF to remove the PFD. In addition, an application identifier corresponding application instance identifier removed/modified PFD in UPF, section 5.8.2.8 page-120 to 121.
RRM to UE specific cell and RFSP index to RAN apply to radio bearer and RFSP index in use forwarded from the S-RAN to T-RAN, identical to monitor radio resources in the claim and report “UE usage setting”, page-62 to 63.
And, Xu-Li discloses, ‘during a time the UP resources are suspended according to receive configuration’. Disclosure, a notification to release resources includes timer [0104].
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Xu-Li and to include
with that of 5GS-ETSI to come up with the claim invention,
Motivation would identical as disclosed in first claim element. In addition, this would simplify UP management and improve system performance delay and latency Xu-Li [0157].
Shi-Xiaoyan discloses, ‘and send anon-access stratum ("NAS") message to an access management function ("AMF") via the active control plane connection while the UP resources are suspended,’ (In Fig. 9 step 1 the WTRU sends UP-deactivation to the AMF and CP optimization indication [0104].),
And didn’t disclose, ‘the message indicating that the radio resources associated with the first network slice are determined to be available based on the monitoring.
ETSI-5G in the relevant art discloses, CP between AMF-SMF; the AMF forward the session-management information to the SMF. The AMF ensures that all NAS-signaling for the PDU session handled in the SMF instance, section 5.6.2 page-75. The monitoring of network slices disclosed above and further availability of the network slices. Determination of the availability of the slices depends based on the RRM and the UE-radio-capability. Disclosure includes the procedure when the UE registered. The AMF-stores UE-specific radio capability to reduce the information overhead during every transition. Whenever there is a change in RM-state this information is updated, section 5.4.4, page 67 to 68..
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Xu-Li and to include
with that of 5GS-ETSI to come up with the claim invention,
Xu-Li provide distinct motive to create the PDU-session-context to the SMF/CP in Fig. 8 and also maintain the session/service continuity [0089-0092]. As part of session continuity, Shi-Xiaoyan includes CP optimization when the UP-resources-suspended. And to further include the determination of the slice available can optimized based on the RRM and the UE-specific-radio capability maintained by the AMF and the core network to enhance the service continuity without interruption and delay.
Regarding Claim 17,
‘The UE
Regarding claim element, ‘wherein at least one processor is configured to cause the UE suspended user plane connection until further notification arrives in response to receiving the indication to suspend UP resources of the first data connection.’
Xu-Li discloses, ‘wherein the processor is configured to cause the apparatus to’ maintain/bind packet flow ‘the uplink data for the suspended user plane connection until further notification arrives in response to receiving the indication to suspend UP resources of the first data connection.’ (See Fig. 18 illustrates GPRS tunnel protocol GTP illustrates traffic-differentiation information and Fig. 19 illustrates NF uses modified packet detection and forwarding. Fig. 7 to 10 illustrates UL data sync and bind from source to destination. Disclosure main and prov. [0067], [0071], [0144]).
And, didn’t disclose ‘packet flow pass or block’, while suspend/deactivate current session and then enhance further switch between available UP resources.
5GS-ETSI in the same filed discloses, UP UL/DL data to let flow pass or block and UPF tunnel management, UPF construct end marker packets to old UP connection during switch/hand over procedure. Page 124 to 125 table – Packet detection Rule and QoS enforcement rule) and section 5.8.2.9 and 5.8.2.10.
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Xu-Li and to include
with that of 5GS-ETSI to come up with the claim invention,
someone would be motivated to include PDU session of UE where UPF acts as PDU session anchor and details packet flow process, PFD. Disclosure 5GS-ETSI illustrates, temporarily block old session to switch packet flow pass to new session and allocate resources This will be part of good practice of handover procedure to delineate between UPF changes from source to destination. UPF end marker facilitate packet flow management. Fig. 3 of Xu-Li illustrates, UE switch between data radio bearers (source bearer to destination) of RAN and also end marker. Someone would recognize and use packet flow pass or quality packet flow as part packet flow management and allocation/re-allocation procedures of UP resources. Both the disclosures include, packet forward rule (FAR) that provides additional parameter for the packet to be buffered, dropped or forwarded [0141] and 5GS-ETSI page-131.
Regarding Claim 18,
‘The UE
Disclosed in Claim 17, ‘wherein the processor is configured to cause the apparatus to: receive an activation indication to activate UP resources of the first data connection; stop blocking [[the]] uplink data for the first data connection; and request the activation of the user plane connection in response to the activation indication.’
Further disclosure for 5GS-ETS, session and service continuity functionality and packet flow management to switch between UP resources and request for activation. It is possible for a given UPF to support both the Branching Point and the PDU Session Anchor functionalities, Figure 5.6.4.3 page 80 illustrates detail procedures of service continuity, page 79. There can be few scenarios as discloses session and service continuity where UPF act as an PDU session anchor, page 89 section 5.6.9.
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Xu-Li and to include
with that of 5GS-ETSI to come up with the claim invention,
Motivation would be identical disclosed above Claim 17 and further, someone would recognize to include DN i.e. data connectivity, session and service continuity procedure where UPF act as a PDU session anchor and maintain data connectivity to serve users with minimum service disruption as part of NFV in ORAN where network slices enable disaggregation and enhance allocate resources dynamically near real time.
Regarding Claim 19,
‘The UE
Xu-Li discloses, ‘wherein the at least one processor is configured to cause the UE
Disclosure Fig. 2 illustrates a tier architectures and CNF where 5G architecture can be distinctly identified based on CP (UE[Wingdings font/0xE0] AMF [Wingdings font/0xE0] SMF [Wingdings font/0xE0] AF ) in contrast to UP connectivity (UE [Wingdings font/0xE0] UPF [Wingdings font/0xE0] DN). Connectivity follow OSI or TCP/IP based model that starts from physical layer to application layer. And, release UP resources either the RAN or the UPF is considered as CNF. Service based representation follows network function within control plane. A reference point representation interacts between NF (AMF, SMF), Fig. 2. Further UE [Wingdings font/0xE0] AMF uses N1 and RAN [Wingdings font/0xE0] AMF uses N2 and shown in Fig. 8. Fig. 9 illustrates PDU session establishment and modification. Main and prov. [0092] [0095]. As part of switch/handover to new UP resources and to deactivate current session UP resources illustrated Fig. 9 to 12. Source RAN initiates procedure sent from source RAN to target RAN and deactivate UP resources and allocate UP resources to target RAN.
Regarding Claim 20,
‘The UE
Xu-Li discloses, ‘wherein to receive the indication from the CNF, the at least one processor is configured to cause the UE
Regarding Claim 21,
‘The UE at least one processor is configured to cause the UE
Though Xu-Li discloses, Usage reporting and measurement table 1, page 42 and disclosed to switch between UP resources Fig. 3, Fig. 9-12 and Fig. 14-17, main/prov disclosed above.
And didn’t disclose, ‘monitor the radio resources associated with the first network slice using a different measurement method than used to measure neighboring cells, wherein to receive the configuration message from the RNF, the processor is configured to cause the apparatus to receive a distinct measurement object to measure and report the radio resources associated with the first network slice.’
5GS-ETSI in the same field of endeavor discloses, Monitor radio resources monitor and usage already disclosed in Claim 16 above. Further, usage reporting includes, measurement method and information, periodic, time-based, event based, inactivity timer. Monitoring time usage report page 128, table – usage reporting rule. Usage report includes attributes as measurement threshold, an events activated based on the usage. Volume/time/event measurement threshold. Periodic measurement threshold, immediate report requested. Time measurement method and threshold, page-128. Bearer maximum bit-rate, and bearer GBR page-126.
Usage reporting based on packet detection procedures, measurement method, trigger event, threshold apply.
Radio resource management in the RAN uses parameter index to RAT/Frequency selection priority i.e. RFSP index to RAN and RFSP index is UE specific and apply to radio resources radio bearers. These parameter used by the RAN, page-62.
Dual Connectivity involves two radio network nodes in providing radio resources to a given UE (with active radio bearers). Configuration of dual connectivity for the radio bearer can be based on network slice. PDU session maintained in master or secondary RAN node between cells page 138-139 section 5.11.
Disclosure, UPF functionalities: Anchor point for Intra-/Inter-RAT mobility that include neighbor cells, Traffic usage reporting, functionality ARP and IPV6 Neighbor solicitation for ethernet PDU. These functionalities required to support UPF of a network slice. UE presence area of interest of reporting usage and SMF may determine an Area of Interest, e.g. based on UPF Service Area and core network maintained, page 93 and page 94 section 5.6.11.
Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Xu-Li and to include
with that of 5GS-ETSI to come up with the claim invention;
Disclosure of Xu-Li includes switched between UP resources and usage reporting and measurement. Someone would be motivated to include monitoring and measurement information identify UPF functionalities and switch between inter-intra RAN.
Usage report to identify the radio resource measurement would enhance the data rate and maximize delay and latency. And, using RFSP index would reduce latency/delay while perform switch procedures.
Regarding Claim 22,
‘The UE
Xu-Li disclose switches between radio bearers and allocate/activate UP resources and didn’t disclose,
‘wherein the at least one processor is configured to cause the UE
5GS-ETSI in the same field of endeavor discloses, Radio Resource Management functions, to support radio resource management in RAN the AMF provides the parameter 'Index to RAT/Frequency (RFSP index) for selection to RAN apply specific RRM strategies, to derive UE specific cell reselection priorities to control idle mode camping and to decide on redirecting active mode UEs to different frequency layers or RATs. The RFSP Index in use is also forwarded from source to target RAN node when Xn or N2 is used for intra-NG-RAN switch. Section 5.3.4.3 page 63-63. Disclosure includes UE Radio capabilities e.g. band information section and UE MM core network capability handling 5.4 page-67 to 68.
Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Xu-Li and to include with that of 5GS-ETSI to come up with the claim invention;
Someone would keen to recognize disclosure of Xu-Li includes UP handling switch between radio bearers reallocate UP resources between RANs and multi access procedures. A plurality of UPFs connected in series between the (R)AN 202 and the DN 204, multiple data sessions to different DNs can be accommodated through the use of multiple UPFs in parallel prov. [0048] and main disclosure [0051]. With that someone would be motivated to make an effort to identify an operating bands to extend coverage of users. Uses cell reselection in alternative frequency layers.
Regarding Claim 23,
‘The UE at least one processor is configured to cause the UE
5GS-ETSI discloses, ‘to determining a reduced radio capability corresponding to the first data connection.’ (Section 5.3.4.3 page 63-63. Disclosure includes UE Radio capabilities e.g. band information section 5.4 page 68).
Motivation to have combination to go beyond as presented in Claim 22 and further identify UE radio capability as the UE to be allocated resources while switch between the S-RAN to the T-RAN reduce the latency and the delay.
Regarding Claim 24,
‘The UE
Identical to Claim 23 disclosed above, ‘wherein the at least one processor is configured to cause the UE outside a radio coverage area of the first network slice.’
This is a network selection/re-selection by UE either outside/within coverage area. In addition, 5GS-ETSI discloses, the UE selection/reselection identify the RFSP index when the UE switches from the S-RAN to the T-RAN page-62 to 63, section RRM.
Motive would be to enhance the mobility control and priority-based reselection mechanism considering availability of Network Slices at the network and the Network Slices allowed for a UE derived an RFSP and the allowed NSSAI, disclosed by 5GS-ETSI, page-63.
Regarding Claim 25,
‘The UE
Xu-Li, ‘wherein the NAS message sent by the UE after receiving the configuration message’ (Xu-Li discloses in Fig. 8 [0048]),
And didn’t disclose,
And, didn’t disclose, ‘the NAS message comprises a reporting message second report message’
(second report message can be derived based Claim 21 to 24 disclosed above.
Disclosed above in Claim 18 and 5GS-ETSI,
PDU session are established/modified/released upon the UE-request section 5.6, page-73. And, the UE-network slice config, section 5.15.4.1.1, page-143
Network slice (disclosed above claim 16 from 5GS-ETSI) can be changed for a UE at any time and initiated by the UE or the network under certain conditions: mobility, operational reasons no longer available or load level. Modification of network slice for a UE, section 5.15.5.2.2, page-149.
Motive would be identical as disclosed above claim 24.
Regarding Claim 26,
Identical to Claim 16 disclosed above, ‘A base station, comprising: at least one memory; and at least one processor coupled [[to]] with the at least one memory, and configured to cause the base station to:’ setup ‘of radio resources corresponding to a first data connection that uses a first network slice’ (Xu-Li discloses, Fig. 1 includes the processor and the memory. The RAN setup resources with the UE for the PDU session e.g., configure data radio bearers and provide related parameters to the UE and create/generate DRB and CN tunnel mapping, Fig. 2 and Fig. 3. The mapping can be between the DRB and TEID+QFI or between the DRB and TEID+QFI+traffic differentiation information. In the process of PDU session establishment request the RAN communicates to the CN e.g., AMF/SMF then perform the AN resource setup request i.e. the first data connection and the network slice as shown in Fig. 8. And, the RAN receive from the SMF sends to the UE based on the N2 message includes session ID, tunnel information, NSSAI etc. And, the CN tunnel include further details of data-traffic identifier information.
Due to coverage terminal/UE communicate with RAN regarding unavailable of radio resources temporarily and de-activate from slice. Xu-Li prov. [0102]-[0103] and [0108]-[0113]. In addition, handover/switch between the S-RAN to the T-RAN [0104] and this is part of packet detection and packet forwarding procedure that relates to network slice. And, NF at network slice level configure/update configuration of the UP of the network slice [0138], prov. [0134]);
Didn’t disclose, ‘determine an unavailability’ of radio resources,
ETSI-5G in the relevant art discloses, RRM in RAN and the RAN apply specific RRM strategies available in RAN. The RFSP specific index is UE-specific and applies to all RBs, section 5.3.4.3, page 62.
Motive would be identical disclosed above in Claim 1.
Regarding the claim element ‘send a notification message to a core network function ("CNF"), the notification message comprising an indication of the unavailability of the radio resources corresponding to the first data connection’
Xu-Li disclose, ‘send a notification message to a core network function ("CNF"), the notification message comprising’ to setup radio resources of the data connection and PDU session establishment, Fig. 8. And, notification to core network for HO/switch procedures Fig. 9 to Fig. 17.
And further to include notification message, ‘an indication of the unavailability of the radio resources’ to the data connection disclosed above ETSI-5G.
Motive would be as part of update/modification procedure between the CN and the RAN while perform HO/switch, Xu-Li [0039].
Regarding the claim element, ‘and receive a first request message from the CNF, the first request message comprising an indication to release user plane ("UP") resources corresponding to the first data connection and further comprising an indication to monitor and report an availability of the unavailable radio resources’;
Xu-Li discloses, ‘‘and receive a first request message from the CNF, the first request message comprising an indication to release user plane ("UP") resources corresponding to the first data connection’,
And to include, ‘and further comprising an indication to monitor and report’ (disclosed above in Claim 16), to further include, ‘an availability of the unavailable radio resources’ (disclosed above first claim element),
Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Xu-Li, Shi-Xiaoyan and to include with that of 5GS-5GS-ETSI to come up with the claim invention,
Motive would be identical to claim 16 disclosed above as part of determination of availability of the resources/network slices.
Identical to Claim 16 disclosed above, ‘and send a configuration message to a User Equipment device ("UE"), the configuration message comprising an indication for the UE to release at least one data radio bearer associated with the first data connection and to monitor and report radio resources associated with the first network slice and with the first data connection during a time when the UP resources are suspended while maintaining an active control plane connection for the first data connection;
And receive, from a session management function ("SMF"), a message indicating that the radio resources associated with the first network slice are determined to be available in response to an access management function ("AMF") receiving a non-access stratum ("NAS") message via the active control plane connection while the UP resources are suspended.’
Regarding Claim 27,
‘The base station
Identical to Claim 22 and 26 disclosed above, ‘wherein the at least one processor is configured to cause the apparatus to: receive a first reporting message from the UE indicating an inability to use a frequency resource, and determine the unavailability of radio resources from the first reporting message, wherein the at least one processor sends the notification message in response to receiving the first reporting message.’
Regarding Claim 28,
‘The base station
Identical to Claim 25 disclosed above, ‘wherein the a message comprises a second reporting message received from the UE after sending the configuration message,
Regarding Claim 29,
‘The base station
Identical to Claim 26 and 28 disclosed above, ‘wherein the processor is configured to cause the base station determined to be available again, and send a second notification message to the CNF, the second notification message indicating that the unavailable radio resources are determined to be available again.’ (As disclosed above in claim 26 regarding the availability of radio resources and notify to the CNF. ETSI-5G discloses, determination by RRM and UE-specific RFSP index applies to RBs available to RAN that optimize if this is due to mobility, page-62. And, the UE-radio-capability to available when RM-registered, page-67. And, discontinuous reception specific parameters between the UE-AMF considered, page-69. Motive would be identical to Claim 1.)
Regarding Claim 30,
‘The base station
Xu-Li discloses, ‘wherein the processor is configured to cause the base station message comprising an indication to activate UP resources corresponding to the first data connection, and establish a new data radio bearer with the UE in response to the second request message.’ (Xu-Li disclose, Fig. 7 includes UPE entity 1 as a RAN sends notification to the UPF i.e. also CNF and receive responses to tunnel binding to perform the UP message [0083-0084, 0087]. And, configuration of UP path [0099]. Detail procedure of UP message and tunnel binding uses intermediate-UPF and an anchor UPF as shown in Fig. 9 to 11. The RAN makes the selection/map of radio bearer identify from the tunnel header TEID as shown in Fig. 3 and Fig. 4 [0056]. And, UP handling approach tunnel information, TEID, bearer-ID from tunnel and PDU session [0060, 0067]. Configuration of radio bearer based on PDU session create/generate radio bearer and tunnel map [0095]. One or more radio bearer establish for each of the UEs with the RAN and GTP tunnel establish between the RAN and the UPF [0136-0137]).
Regarding Claim 31,
‘An apparatus for performing a core network function the apparatus comprising: at least one memory; and at least one processor coupled to the memory, the at least one processor configured to cause the apparatus to: ’ (Fig. 1 [0044-0046]),
Identical to Claim 26 disclosed above, ‘receive a notification message from a radio network function ("RNF"), the notification message comprising an indication of an unavailability of radio resources corresponding to a first data connection that uses a first network slice’;
Identical to second claim element of claim 16 and third claim element of claim 26 disclosed above, ‘and determine based on the notification message, that user plane ("UP") resources of the first data connection are to be suspended by a UE while maintaining an active control plane connection for the first data connection;’ (In addition, user plane handling procedure and tunnel bind [0056, 0060, 0084, 0087]);
Identical to claim 16 and 26 disclosed above, ‘and send a first request message to the RNF, the first request message comprising an indication to release UP resources corresponding to the first data connection and further comprising an indication to, during a time when UP resources are suspended, monitor and report an availability of the unavailable radio resources.
And receive, from an access management function ("AMF") a forwarded non-access stratum ("NAS") message via the active control plane connection while the UP resources are suspended.’
Regarding Claim 32,
‘The apparatus of claim 31’ (disclosed above),
Xu-Li discloses, ‘wherein the first request message to the RNF comprises a NAS request message comprising an indication to suspend the UP resources of the data connection and an indication to maintain a control plane ("CP") connection of the first data connection, and wherein the processor is configured to cause the base station apparatus to instruct a user plane function to suspend [[the]] transmission of downlink packets.’ (Disclosure include a CM that is AMF/SMF and control plane Fig. 2 [0087]. During HO/switch procedure the RAN send notification to CM i.e. CP to perform HO/switch procedure. And then perform the release/suspend of resources. The RAN communicates to the CM/CP uses NAS signaling and the release resources. T-RAN obtain peer UPF from network management or network control function and maintain connection (SMF) and CP. And, uses connection to CP pre-configured tunnel [0103-0105] and shown in Fig. 9. When uses anchor UPF that is included Fig. 10 and 11.
Regarding the downlink packets, disclosure include few steps/procedure: end- marker [0106, 0112].)
Regarding Claim 33,
‘The apparatus of claim 31’ (disclosed above),
Identical to Claim 29 disclosed above, ‘wherein the at least one processor is configured to cause the apparatus to: receive a second notification message from the RNF, the second notification message indicating that the unavailable radio resources are determined to be available again, and determine to enable the UP resources of the data connection
Regarding Claim 34,
‘The apparatus of claim 33’ (disclosed above),
Identical to Claim 30 disclosed above, ‘wherein the at least one processor is configured to cause the apparatus to send a second request message to the RNF, the second request message comprising an indication to activate UP resources corresponding to the first data connection.’
Regarding Claim 35,
‘The apparatus of claim 34’ (disclosed above), ‘wherein the at least one processor is configured to cause the apparatus to:’ (disclosed above),
Xu-Li discloses, ‘instruct a user plane function to buffer downlink packets for the first data connection while the radio resources remain unavailable, and send buffered data packets to the UE in response to the UP resources corresponding to the first data connection being activated.’ (Fig. 13, At step 1306, the S-RAN forward downlink data, which it has received for the UE, to the UPF. The UPF buffer the forwarded data until after data forwarding is triggered or tunnel binding is triggered (as described in the embodiments above). At step 1307, after the UE has successfully synchronized to the target cell, it sends a Handover Confirm message to the T-RAN. After this step, the considers the handover successful [0117]. UPF forwarding rule table 2 prov. page 44. And main disclosure fig. 21 to 22 available.)
Response to Arguments
Applicant's arguments filed 01/05/2026 have been fully considered but they are
not persuasive. Applicant’s arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Applicants arguments/remarks:
Claims 16-25 are rejected under 35 U.S.C. § 103 as being unpatentable over Xu Li, et al., US 2024/0098572 (hereafter "Xu Li") in view of 5GS ETSI TS 123 501 (hereafter "5GS"). Claims 26-35 are rejected under 35 U.S.C. § 103 as being unpatentable over Xu Li and 5GS and further in view of Shan et al., US 10,701,743 (hereafter "Shan").
For the Examiner's convenience and reference, Applicant's remarks are presented in
substantially the same order in which the corresponding issues were raised in the Office Action. Please note that the following remarks are not intended to be an exhaustive enumeration of the distinctions between any cited references and the claimed invention. Rather, the distinctions identified and discussed below are presented solely by way of example to illustrate patentable differences between the claimed invention and the cited references.
Amendments to the claims
Applicant has amended claim 16 to recite: "suspend user plane ("UP") resources of the first data connection based on the configuration message while maintaining an active control plane connection for the first data connection" and "send a non-access stratum ("NAS") message to an access management function ("AVIF") via the active control plane connection while the UP resources are suspended, the message indicating that the radio resources associated with the first network slice are determined to be available based on the monitoring." Claims 26 is amended to recite, "send a configuration message ...comprising an indication for the UE to release at least one data radio bearer ... during a time when the UP resources are suspended while maintaining an active control plane connection for the first data connection" and "receive, from a session management function ("SMF"), a message indicating that the radio resources associated with the first network slice are determined to be available in response to an access management function ("AVIF") receiving a non-access stratum ("NAS") message via the active control plane connection while the UP resources are suspended." Claim 31 is amended to recite, "determine, based on the notification message, that user plane ("UP") resources of the first data connection
are to be suspended . .. while maintaining an active control plane connection for the first data connection" and "receive, from an access management function ("AVIF"), a forwarded non- access stratum ("NAS") message received by the AIFV from the UE via the active control plane connection while the UP resources are suspended." Support for these amendments may be found at least at [0040], [0084], [0113], and [0157] of the Specification. No new matter is added.
Applicant is not conceding that the claims amended are not patentable over the art cited by the Examiner, as the present claim amendments are only for facilitating expeditious prosecution. Applicant respectfully reserves the right to pursue these and other claims in one or more continuation and/or divisional patent applications.
Response to rejections of claims under 35 U.S.C. Q 103
Claims 16-25 are rejected under 35 U.S.C.§ 103 as being unpatentable over Xu Li in
view of 5GS. Claims 26-35 are rejected under 35 U.S.C.§ 103 as being unpatentable over Xu Li and 5GS and further in view of Shan. The cited references do not disclose each element of the independent claims, as currently amended.
Xu Li states, "the network function may ... update ...the UPF with the packet handling rules or instructions related to a PDU session ...during modification of the PDU Session. In some embodiments, the network function does so at network slice level when configuring or updating the configuration of the user plane of the network slice." Xu Li, [0138]. As such, Xu Li appears to disclose updating the user plane function with packet-handling rules or instructions for a PDU session, including performing such updates at a network-slice level when configuring or modifying the user-plane. However, Xu Li does not disclose, "suspend user plane ("UP") resources of the first data connection based on the configuration message while maintaining an active control plane connection for the first data connection" or "send a non-access stratum ("NAS") message to an access management function ("AVIF") via the active control plane connection while the UP resources are suspended, the message indicating that the radio resources associated with the first network slice are determined to be available based on the monitoring," as recited by the independent claims, as currently amended.
5GS does not cure the deficiencies of Xu Li. 5GS discloses, "the set of network slices for a UE can be changed at any time while the UE is registered with a network, and may be initiated by the network, or by the UE."5GS, p. 148. 5GS also discloses, "the network, based on local policies, subscription changes and/or UE mobility, operational reasons ... may change the set of Network Slice(s) to which the UE is registered and provide the UE with a new Registration Area." Id As such, 5Gs appears to disclose changing the set of network slices associated with a UE based on network-initiated or UE-initiated triggers, including policy changes, subscription updates, mobility events, or other operational reasons. However, 5GS does not disclose the UE sending a NAS message indicating that resources are determined to be available based on monitoring. As such, 5GS does not disclose, "suspend user plane ("UP") resources of the first data connection based on the configuration message while maintaining an active control plane connection for the first data connection" or "send a non-access stratum ("NAS") message to an access management function ("AlMF") via the active control plane connection while the UP resources are suspended, the message indicating that the radio resources associated with the first network slice are determined to be available based on the monitoring," as recited by the independent claims, as currently amended.
As stated above, Xu Li and 5GS, alone or in combination, do not teach or suggest each and every element of amended claims 16, 26, and 31, from which claims 17-25 , 27-30, and 32- 35 depend. For at least these reasons, independent claims 16, 26, and 31 are allowable over the prior art. Thus, Applicant respectfully asserts that Xu Li and 5GS combined fail to teach or disclose each element of the claimed invention as required under 35 U.S.C. § 103(a).
Dependent claims 17-25, 27-30, and 32-35 depend on independent claims 16, 26, and 31. Because the invention of claims 16, 26, and 31 is not obvious in relation to Xu Li and 5GS, Applicant respectfully asserts that claims 17-25, 27-30, and 32-35 are similarly in condition for allowance because they depend from allowable claims. See in re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988).
For at least the above reasons, Applicant respectfully requests that the rejection of claims 16-35 under 35 U.S.C. § 103 be withdrawn. Applicant further submits that claims 16-35 are allowable over the prior art.
Examiners response:
With respect to applicant’s arguments/remarks, examiner responses are:
Examiner reviewed the applicant’s arguments/remarks and further amended claims and provided required disclosures in the office actions from the closest and relevant prior arts that covers the subject matters. Addressed all the claims and applicant’s
argument/remarks disclosed from the presented prior arts “Xu-Li”, “Shi-Xiaoyan” and “5GS-ETSI”.
Applicant amended the second claim element of Claim 1, “suspend the UP-resources of the first data connection based on the configuration” and
Included claim limitation, “maintain an active CP connection for the first data connection”.
And, third claim element amended,
“NAS message to an AMF via the active CP connection while the UP-resources suspended, the message indicating the RBs associated with the first network slice are determined to be available based on the monitoring”.
First claim element,
UE [Wingdings font/0xE0] config from RNF[Wingdings font/0xE0] release RB first data connection
To identify the appropriate disclosures regarding the amended claims we need to determine what is the most important subject matter. Though the applicant claim limitation was mainly on the release of UP resources and later included
Maintain active CP connection, these two are mostly depends on the
the subject matter, the PDU session CONTEXT [Wingdings font/0xE0] though deactivate UP resources while maintain the CP connection. The session context is maintain/preserved by the CP. And, the CP is generic term that is composed many functionalities yet two functions, the AMF and the SMF are important here. The resources are allocated when the PDU session are established and specific to the PDU session maintained till pending UL/DL transmission. Disclosure Xu-Li discloses, the AMF to SMF for the PDU session context [0089-0092]. And, CM between the AMF-SMF [0109] and Fig. 9, and further release resources. And didn’t disclose, maintain the active CP connection, disclosed by Shi-Xiaoyan to switch CP [0104, 0109] and Fig. 9.
Regarding the third claim element, “NAS message to an AMF via the active CP connection while the UP-resources suspended, the message indicating the RBs associated with the first network slice are determined to be available based on the monitoring”.
Shi-Xiaoyan discloses NAS message to an AMF for the deactivation-UP and switch to CP in Fig. 9 as part of PDU session context is maintained an continue to maintain CP-connectivity. Regarding the determining radio resources to be available, ETSI-5G includes RRM strategies, the RFSP index applies to RBs that is available to RAN, page 62-63; the UE-network-slice-config, section 5.15.4.1.1 page-143. Disclosure, specify few details regarding the active CP connection based on the PDU-session-context, section 5.4-Session Management page-73, “PDU Sessions are established (upon UE request), modified (upon UE and 5GC request) and released (upon UE and 5GC request) using NAS-SM-signalling exchanged over N1 between the UE and the SMF. Upon request from an Application Server, the 5GC is able to trigger a specific application in the UE.” Interaction between AMF-SMF, PDU-session and NAS message, page-75.
Examiner thanks to applicant and attorney for their time and effort.
Conclusion
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/S.A./Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466