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 .
Claim Rejections - 35 USC § 103
2. 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.
3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
4. 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.
5. 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.
6. Claims 1, 2, 5-16, 19 and 21-33 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 2023/0232196 A1, hereinafter “Xu”) in view of Chen et al. (US 2016/0374139 A1, hereinafter “Chen”).
Regarding claims 1 and 19, Xu teaches a method implemented in a network element (comprising circuitry, including any of a transmitter, receiver, a processor and memory) of a core network (e.g., AMF in figs. 6, 7, 17-19 ) of a communications system, the method comprising: receiving, from a first WTRU via the at least one gateway, a second transmission comprising second information indicating a first request to establish a first protocol data unit, PDU, session, a first PDU session ID and a description of a traffic flow associated with the sidelink (figs. 1B, 7, S200 of fig. 6, ¶ [0003], [0314], UE 1 establishes a second session. ¶ [0315], the UE 1 sends a session establishment request message to an AMF, where the session establishment request message may include a data network name (DNN) identifier, The session establishment request message further includes an SUPI of the UE 1 and a session identifier (PDU session 2 ID) of the second session. ¶ [0221], ¶ [0311], a PDU session 1 ID is used as a session identifier of a first session, and a PDU session 2 ID is used as a session identifier of a second session. A QFI 1 is used as a QFI of a first QoS flow, and a QFI 2 is used as a QFI of a second QoS flow); receiving, from a second WTRU via the at least one gateway, a third transmission comprising third information indicating a second request to establish a second PDU session, a second PDU session ID and the description of the traffic flow associated with the sidelink (figs. 1B, 7-15, S202 of fig. 6, ¶ [0321], UE 2 establishes a first session. ¶ [0322] The UE 2 establishes the first session for the D2D communication service. ¶ [0315], where the session establishment request may include SUPI of the UE and session identifier of the first session. ¶ [0221], ¶ [0311]); and transmitting a fourth transmission comprising fourth information indicating (i) an instruction to configure the at least one gateway with at least one session management function and (ii) to trigger the at least one session management function to establish the first and second PDU sessions via the at least one gateway based on/using the first and second PDU session IDs indicated by the second and third transmissions and the description of a traffic flow associated with the sidelink indicated by at least one of the second and third transmissions (figs. 6, 7, ¶ [0315], The AMF selects, based on the DNN identifier, an SMF serving D2D communication. ¶ [0332] S206: The AMF sends a first message to the SMF. ¶ [0333], ¶ [0337] S208: The SMF sends configuration information to the RAN through the AMF. ¶ [0338] The configuration information may include a correspondence between the second session of the UE 1 and the first session of the UE 2. In the correspondence, the second session may be identified by using the PDU session 2 ID, and the first session may be identified by using the PDU session 1 ID. ¶ [0339] and ¶ [0340]).
Xu does not explicitly teach receiving, from one of first and second wireless transmit/receive units, WTRUs, via at least one gateway associated with a premises, one or more first transmissions comprising first information indicating first and second identifiers, IDs, associated to the first and second WTRUs in connection with a sidelink.
Chen teaches receiving, from one of first and second wireless transmit/receive units, WTRUs, via at least one gateway associated with a premises, one or more first transmissions comprising first information indicating first and second identifiers, IDs, associated to the first and second WTRUs in connection with a sidelink (figs. 7, 8, 19, 28, ¶ [0011], ¶ [0026]-¶ [0028], ¶ [0406], ¶ [0407], a mode switching request message is sent. ¶ [0408]. ¶ [0507], The mode switching negotiation request message may contain one of the followings: an identifier of the UE1, the identifier of the UE2, bearer information corresponding to a cellular communication data stream supported by the eNB1 between the UE1 and the UE2, quality of service information corresponding to a cellular communication data stream and/or bearer supported by the eNB1 between the UE1 and the UE2, the indication about whether the corresponding D2D communication bearer is established between the UE1 and the UE2 or not and/or the D2D communication bearer is required to be established between the UE1 and the UE2, a D2D communication resource which may be allocated to the UE1 by the eNB1 and capability information of the UE1. ¶ [0415], ¶ [0418], ¶ [0419]. ¶ [0514], Figs. 20-27). Chen further teaches the first WTRU and/or second WTRU establish and/or modify a bearer (¶ [0419], ¶ [0420], When the corresponding bearer has not been established or the bearer is required to be modified, the UE1 and/or the UE2 establish(es) or modify/modifies the D2D communication data bearer through the eNB1 or directly, update(s) TFT information, and then switch(es) the D2D communication data stream indicated by the mode switching message to the corresponding D2D communication data bearer, and the UE1 performs the cellular communication with the UE2 according to scheduling of the eNB1. ¶ [0514], ¶ [0515]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive, from one of first and second wireless transmit/receive units, WTRUs, via at least one gateway associated with a premises, one or more first transmissions comprising first information indicating first and second identifiers, IDs, associated to the first and second WTRUs in connection with a sidelink
in the system of Chen to further improve industrial applicability (¶ [0004]-¶ [0006], ¶ [0120] of Chen).
Regarding claim 2 and 21, Xu in view of Chen teaches the method of claim 1, further comprising: determining to use the at least one session management function for the first and second PDU sessions based on at least one of the first request to establish the first PDU session and the second request to establish the second PDU session being received via the at least one gateway (figs. 6, 7, ¶ [0315], The AMF selects, based on the DNN identifier, included in the request to establish the first/second PDU session, an SMF serving D2D communication. ¶ [0337] S208: The SMF sends configuration information to the RAN through the AMF. ¶ [0338], ¶ [0339]).
Regarding claims 5 and 22, Xu in view of Chen teaches the method of claim 1.
Xu does not explicitly teach wherein the one or more first transmissions comprise a service request message, and wherein the service request message comprises the first information.
Chen teaches wherein the one or more first transmissions comprise a service request message, and wherein the service request message comprises the first information (figs. 9, 19-30, ¶ [0026]-¶ [0028], ¶ [0408] ).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include the first information in a service request in the system of Xu in view of Chen to further improve industrial applicability (¶ [0004]-¶ [0006], ¶ [0120] of Chen).
Regarding claims 6 and 23, Xu in view of Chen teaches the method of claim 1, wherein the second transmission comprises a first PDU session establishment request message, and wherein the first PDU session establishment request message comprises the second information (Xu: e.g., S200 of fig. 6. ¶ [0315], ¶ [0311]).
Regarding claims 7 and 24, Xu in view of Chen teaches the method of claim 1, wherein the third transmission comprises a second PDU session establishment request message, and wherein the second PDU session establishment request message comprises the third information (Xu: e.g., S202 of fig. 6. ¶ [0338], ¶ [0311]).
Regarding claims 8 and 25, Xu in view of Chen teaches the method of claim 1, wherein the fourth transmission comprises a PDU session request message, and wherein the second PDU session request message comprises the fourth information (Xu: ¶ [0315], The AMF selects, based on the DNN identifier, an SMF serving D2D communication. ¶ [0332] S206: The AMF sends a first message to the SMF. ¶ [0333], ¶ [0243], the first message is a create session management context request (Create SM Context Request) message, an update session management context (Update SM Context) message, or a newly defined message, for example, an association establishment/modification request message..).
Regarding claims 9 and 26, Xu in view of Chen teaches the method of claim 1, wherein the description of the traffic flow associated with the sidelink comprises any of a PC5 QoS flow identifier (PFI), a QoS rule and a packet filter (Xu: ¶ [0221], ¶ [0311])
Regarding claims 10 and 27, Xu in view of Chen teaches the method of claim 1, wherein the network element of the core network is an access and mobility management function (AMF) (Xu: figs. 6, 7)
Regarding claims 11 and 28, Xu in view of Chen teaches the method of claim 1, wherein the first identifier comprises any of an application layer identifier and a layer-2 identifier associated to the first WTRU in connection with a sidelink, and wherein the second identifier comprises any of an application layer identifier and a layer-2 identifier associated to the second WTRU in connection with a sidelink (Xu: figs. 6, 7. ¶ [0316], an identifier (APP ID) of a first application and an application layer identifier (APP User 1 ID) of the UE 1. ¶ [0324], the identifier (APP ID) of the first application and the application layer identifier (APP User 2 ID) of the UE 2).
Regarding claims 12 and 29, Xu in view of Chen teaches the method of claim 1, wherein the first PDU session is associated with any of a first application layer identifier and a first layer-2 identifier associated to the first WTRU in connection with a sidelink, and wherein the second PDU session ID is associated with any of a second application layer identifier and a second layer-2 identifier associated to the second WTRU in connection with a sidelink (Xu: figs. 6, 7, ¶ [0317], the SMF stores a correspondence between the application layer identifier (APP User 1 ID) of the UE 1 and the session identifier (PDU session 2 ID) of the second session of the UE 1. ¶ [0324], the SMF stores a correspondence between the application layer identifier (APP User 2 ID) of the UE 2 and the session identifier (PDU session 1 ID) of the first session of the UE 2).
Regarding claims 13 and 30, Xu in view of Chen teaches the method of claim 1.
Xu does not explicitly teach wherein the first information is transmitted as, or in, in a notification message.
Chen teaches the first information is transmitted as, or in, in a notification message (figs. 9, 19-30).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to transmit the first information as, or in, in a notification message in the system of Xu in view of Chen to further improve industrial applicability (¶ [0004]-¶ [0006], ¶ [0120] of Chen).
Regarding claims 14 and 31, Xu in view of Chen teaches the method of claim 1.
Xu does not explicitly teach wherein the first information is transmitted as, or in, any of a non-access stratum, NAS, message and a radio resource control, RRC, message
However, Chen teaches the first information is transmitted as, or in, any of a non-access stratum, NAS, message and a radio resource control, RRC, message (¶ [0073], the message including the mode switching information is born by Radio Resource Control (RRC) reconfiguration signalling or other dedicated signalling, and in addition, the mode switching information may be sent through an access stratum or transmitted through a protocol data unit of a non-access stratum).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to utilize NAS or RRC signalling for transmitting the first information in the system of Xu in view of Chen to further improve industrial applicability.
Regarding claims 15 and 32, Xu in view of Chen teaches the method of claim 1, wherein any of the second information and the third information comprises any of network slice information and a data network name (DNN) (Xu: figs. 6, 7, ¶ [0315], where the session establishment request message may include a data network name (DNN) identifier ).
Regarding claims 16 and 33, Xu in view of Chen teaches the method of claim 1.
Xu does not explicitly teach wherein the first information comprises a state of a sidelink between the first WTRU and a second WTRU.
Chen teaches wherein the first information comprises a state of a sidelink between the first WTRU and a second WTRU (figs. 19, 20, 9, ¶ [0011], ¶ [0026]-¶ [0028], ¶ [0408], The mode switching request message includes at least one of the followings: an identifier of UE2, a signal measurement result, obtained by the UE1, of the UE2, a measurement result, obtained by UE1, of a serving eNB, an indication about the D2D communication between the UE1 and the UE2, bearer information corresponding to a D2D communication data stream between the UE1 and the UE2, quality of service information corresponding to data stream and/or bearer of the D2D communication between the UE1 and the UE2).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include, in the first information, the state of a sidelink between the first WTRU and a second WTRU in the system of Xu in view of Chen to further improve industrial applicability (¶ [0004]-¶ [0006], ¶ [0120] of Chen).
7. Claims 17 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Chen as applied to claim 1 above, and further in view of Atkins et al. (US 2007/0055913 A1, hereinafter “Atkins”).
Regarding claims 17 and 34, Xu in view of Chen teaches the method of claim 16.
Xu does not explicitly teach wherein the state of a sidelink between is a first value, and wherein the first value indicates the sidelink is not viable, no longer viable or not likely to remain viable for communications with the second WTRU.
Atkins teaches a state of a link is a first value, and wherein the first value indicates the link is not viable, no longer viable or not likely to remain viable for communication (¶ [0025]-¶ [0031], ¶ [0032], the network manager to determine if the link is viable and can pass data. If it is considered viable, the network manager transitions into the operational state 510. In response to encountering an error 514, the network manager is notified and the network manager transitions into the error state 516. The network manager notifies the operator of the error 518).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include, in the first information, the state information indicating the sidelink is not viable, no longer viable or not likely to remain viable for communications with the second WTRU in the system of Xu in view of Chen to utilize conventional techniques in the art.
Response to Arguments
8. Applicant's arguments filed on February 25, 2026 have been fully considered but they are not persuasive.
9. Applicant argues “…Applicant submits that the combination of Xu and Chen fails to disclose or suggest the dynamic configuration (e.g., instantiation) of a Session Management Function (SMF) on a local premises gateway. Claim 1, for example, recites "transmitting a fourth transmission comprising fourth information indicating (i) an instruction to configure the at least one gateway with at least one session management function. The Office Action contends this is taught by Xu's SMF sending configuration information to the RAN (Office Action, page 5, citing Xu paragraph [0338]). Applicant respectfully submits that this is a misreading of Xu.
In Xu's conventional architecture, the SMF is a static, centralized core network element that instructs a Radio Access Network (RAN) to perform local forwarding. The SMF's functionality is never delegated or instantiated on the RAN itself. In contrast, the present claims provide a novel architecture where a core network element (AMF) instructs a local premises gateway to instantiate its own local SMF. For instance, FIG. 1G of the present application architecturally depicts a "5G-RG" (Residential Gateway) containing its own "5G-RG SMF". Further, paragraph [0087] of the present application states, "The gateway 117 may include (e.g., instantiate) a local SMF (GW SMF) 125. " Finally, paragraph [0221] describes the AMF sending "information for instantiating a local UPF and/or a local SMF either at the gateway or at the W-AGF..."
Examiner respectfully disagrees and submits that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim 1 requires in part “…transmitting a fourth transmission comprising fourth information indicating (i) an instruction to configure the at least one gateway with at least one session management function…”
Using broadest reasonable interpretation, the limitation requires transmitting/providing, to the gateway, information/configuration with/from at least one session management function.
The claim does not require instantiation of a SMF on a local premises gateway, as argued above.
In this case: Xu, using the broadest reasonable interpretation, teaches transmitting a fourth transmission comprising fourth information indicating (i) an instruction to configure the at least one gateway with at least one session management function and (ii) to trigger the at least one session management function to establish the first and second PDU sessions via the at least one gateway based on/using the first and second PDU session IDs indicated by the second and third transmissions and the description of a traffic flow associated with the sidelink indicated by at least one of the second and third transmissions (figs. 6, 7, ¶ [0168], ¶ [0315], The AMF selects, based on the DNN identifier, an SMF serving D2D communication. ¶ [0332] S206: The AMF sends a first message to the SMF. ¶ [0333], ¶ [0337] S208: The SMF sends configuration information to the RAN through the AMF. ¶ [0338] The configuration information may include a correspondence between the second session of the UE 1 and the first session of the UE 2. In the correspondence, the second session may be identified by using the PDU session 2 ID, and the first session may be identified by using the PDU session 1 ID. ¶ [0339] and ¶ [0340]).
10. Applicant argues “…Neither Xu nor Chen disclose or suggest "at least one gateway associated with a premises." For example, several steps of claim 1 recite "receiving, via at least one gateway associated with a premises " Applicant submits that the Office Action's combination is improper because it incorrectly equates the "gateway associated with a premises" of the claims with the "access network device" (RAN) disclosed in Xu. A RAN, as taught by Xu and would be understood by one of skill in the art, is a component of the public cellular infrastructure. The claimed gateway,
however, is a local, private device. The present application makes this clear by referring to it as a "5G Residential Gateway (5G-RG)" (see FIG. 1G) and describing its deployment within a premises like a residence, office, or campus (see paragraph [0081])…”
Examiner respectfully disagrees and submits that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In this case, claim requires in part “…at least one gateway associated with a premises…”
The gateway being a local, private device or being deployed within a premises is not a claim requirement, as argued above.
As the RAN/eNB, disclosed by Xu in view of Chen, is communicating with (i.e. associated with) devices/WTRUs at least one premises, using the broadest reasonable interpretation, the gateway/RAN of Xu in view of Chen is associated with at least one premises.
11. Applicant argues “…Finally, the Office Action's combination amounts to impermissible hindsight. For a combination to be obvious, there must be some reason, suggestion, or motivation in the prior art to combine the references in the manner required to arrive at the claimed invention. Here, a person of ordinary skill in the art, when presented with Xu and Chen, would not have been motivated to
combine their teachings to arrive at the claimed invention…”
Examiner respectfully submits that in response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
12. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached at 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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