DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 2, 4-8, 10-13, 16, 26-29 and 48 are pending in this office action.
Allowable Subject Matter
Claims 12, 13, 16 and 48 are allowed.
Response to Arguments
Applicant's arguments filed 03/30/2026 have been fully considered but they are not persuasive.
Applicant Argues:
On Pages 8-9 of the remarks, Applicant argues 3GPP fails to teach or suggest that a determined UP encryption policy is set to required, preferred, or not needed per each radio bearer to be handed over to the 5GS, as recited by Claim 1 and that Hu is cited by the Office Action to teach "UP encryption policy." However, nowhere in Hu is it taught or suggested that the user plane ciphering/encryption policy is set to required, preferred, or not needed per each radio bearer to be handed over to the 5GS, as recited by Claim 1.
In Response, the Examiner respectfully submits:
S3-203379 teaches in session 6.x.3.1 that “The procedure described below applies to when UP IP policy is set to either: "required", "preferred" or "not needed”
Applicant Argues:
On Pages 9-10 of the remarks, Applicant argues nothing in Li teaches that when no UP encryption policy is received from a source network node, a method performed by a first target network node comprises determining a user plane, UP, encryption policy. Thus, Applicant respectfully submits that Li fails to teach at least "A method performed by a first target network node ... comprising: when no UP encryption policy is received from a source network node, determining a user plane, UP, encryption policy," as recited by Claim 26.
In Response, the Examiner respectfully submits:
Li teaches in Fig. 2B: step 212; [0170]-[0173]) that SMF/first target network node obtains a security policy from the AMF. “The security policy includes integrity protection indication information, and the integrity protection indication information is used to indicate the base station whether to enable integrity protection for a terminal device” [0172]. There is no indication in Li that the encryption policy is received from a source. Therefore, Li does teach “when no UP encryption policy is received from a source network node, determining a user plane, UP, encryption policy”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 26-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al (US 2019/0246282 A1).
Regarding claim 26, Li teaches a method performed by a first target network node for interworking handover from an evolved packet system, EPS, to a fifth generation system, 5GS, in a mobile network, the method comprising:
when no UP encryption policy is received from a source network node, determining a user plane, UP, encryption policy (Fig. 2B: step 212; [0170]-[0173]), SMF/first target network node); and
providing the determined UP encryption policy to a second target network node (Fig. 2B: step 211; [0170]-[0173], AMF/second target network node).
Regarding claim 27, Li teaches wherein the determined UP encryption policy is set to required, preferred, or not needed per each radio bearer to be handed over to the 5GS (Li: [0137]-[0138]).
Regarding claim 28, Li teaches wherein the first target network node is a session management function, SMF, network node, and the second target network node is a target access and mobility function, AMF, network node (Fig. 2B: step 211; [0170]-[0173]).
Regarding claim 29, Li teaches wherein the determining comprises determining the UP encryption policy based on a policy configured locally in the first target network node per each radio bearer to be handed over to the target 5GS, and wherein the providing comprises sending a message including the determined UP encryption policy towards the second target network node (Fig. 2B: step 211; [0170]-[0173], see [0220]-[0027] for the bearers).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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.
Claims 1, 2, 4, 5 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over S3-203379 (3GPP TSG-SA3 Meeting #101-e, “UPIP: New solution for interworking handover from EPS to 5GS) in view of Hu et al (US 2023/0362201 A1).
Regarding claim 1, S3-203379 teaches a method performed by a target network node for interworking handover from an evolved packet system, EPS, to a fifth generation system, 5GS, in a mobile network, the method comprising:
receiving, from a source network node, a determined user plane, UP, policy (S3-203379: Section 6.x.3.1; Fig 6.x.3.1.1, Step 2; source MME/source network node sends UP IP policy to target AMF/target network node); and
providing the determined UP policy to a target radio access network node, wherein the determined UP policy is set to required, preferred, or not needed per each radio bearer to be handed over to the 5GS (S3-203379: Section 6.x.3.1; Fig 6.x.3.1.1, Step 3; target AMF sends the UP IP policy to target eNB/gNB).
S3-203379 does not explicitly disclose UP encryption policy.
Hu disclose UP encryption policy (Hu: Fig. 2: step 205b, [0179], mobility management entity/target network node send user plane security policy to target access network device; [0015], user plane security policy includes user plane ciphering/encryption policy).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of S3-203379 wherein the source network node sends UP encryption policy to the target network node as disclose by Hu to provide a system for security policy processing (Hu: Abstract).
Regarding claim 8, S3-203379 a method performed by a source network node for interworking handover from an evolved packet system, EPS, to a fifth generation system, 5GS, in a mobile network, the method comprising:
determining a user plane, UP, policy based on a policy configured locally in the source network node per each radio bearer to be handed over to the 5GS (S3-203379: Section 6.x.3.1; Fig 6.x.3.1.1, Step 2; source MME/source network node sends UP IP policy to target AMF/target network node); and
forwarding the UP policy towards a target network node, wherein the determined UP policy is set to required, preferred, or not needed per each radio bearer to be handed over to the 5GS (S3-203379: Section 6.x.3.1; Fig 6.x.3.1.1, Step 3; target AMF sends the UP IP policy to target eNB/gNB).
S3-203379 does not explicitly disclose UP encryption policy.
Hu disclose UP encryption policy (Hu: Fig. 2: step 205b, [0179], mobility management entity/target network node send user plane security policy to target access network device; [0015], user plane security policy includes user plane ciphering/encryption policy).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of S3-203379 wherein the source network node sends UP encryption policy to the target network node as disclosed by Hu to provide a system for security policy processing (Hu: Abstract).
Regarding claim 2, S3-203379 in view of Hu teaches wherein the determined UP encryption policy is based on a locally preconfigured policy in a network node per each radio bearer to be handed over to the 5GS, and the providing the determined UP encryption policy is per each radio bearer (S3-203379: section 6.x.3.1.1, and Fig 6.x.3.1.1; UP IP policy per radio bearer).
Regarding claims 4 and 10, S3-203379 in view of Hu teaches wherein the target network node is an access and mobility function, AMF, network node, the source network node is a mobility management entity, MME, network node, and the target radio access node is a target ng-eNB, or a target gNodeB, gNB (S3-203379: section 6.x.3.1.1, and Fig 6.x.3.1.1).
Regarding claim 5, S3-203379 in view of Hu teaches wherein the receiving comprises receipt of a message containing the determined UP encryption policy determined by the source network node based on the locally preconfigured policy in the source network node per each radio bearer to be handed over to the 5GS, and wherein the providing comprises forwarding the determined UP encryption policy in a message towards the target radio access network node (S3-203379: section 6.x.3.1.1, and Fig 6.x.3.1.1).
Regarding claim 11, S3-203379 in view of Hu teaches wherein the forwarding is performed via a forward relocation request message (S3-203379: Fig. 6.x.3.1.1).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over S3-203379 (3GPP TSG-SA3 Meeting #101-e, “UPIP: New solution for interworking handover from EPS to 5GS) in view of Hu et al (US 2023/0362201 A1) in further view of Li et al (US 2019/0246282 A1).
Regarding claim 6, S3-203379 does not explicitly disclose invoking a request to establish a packet data unit session with a session management function, SMF, network node, the request including a request for the UP encryption policy per radio bearer to be handed over to the 5GS; and receiving a response to the request from the SMF network node, the response including the determined UP encryption policy per radio bearer to be handed over to the 5GS.
Li teaches invoking a request to establish a packet data unit session with a session management function, SMF, network node, the request including a request for the UP encryption policy per radio bearer to be handed over to the 5GS; and receiving a response to the request from the SMF network node, the response including the determined UP encryption policy per radio bearer to be handed over to the 5GS (Li: Figs. 2B and 2C).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of S3-203379 by invoking a request to establish a packet data unit session with a session management function, SMF, network node, the request including a request for the UP encryption policy per radio bearer to be handed over to the 5GS; and receiving a response to the request from the SMF network node, the response including the determined UP encryption policy per radio bearer to be handed over to the 5GS as disclosed by Li to provide a system for security policy processing (Li: Abstract).
Regarding claim 7, S3-203379 in view of Hu and Li teaches wherein the providing comprises forwarding, in a message, the determined UP encryption policy per each radio bearer to the target radio access network node (Li: Figs. 2B and 2C, see [0020]-[0027] for the radio bearers).
Conclusion
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.
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/KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478
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