Prosecution Insights
Last updated: July 17, 2026
Application No. 18/039,374

FIRST IMS NODE, SECOND SERVER, SUBSCRIBER SERVER AND METHODS IN A COMMUNICATIONS NETWORK

Final Rejection §103
Filed
May 30, 2023
Priority
Dec 16, 2020 — EU 20383106.0 +1 more
Examiner
JIANG, CHARLES C
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
213 granted / 283 resolved
+17.3% vs TC avg
Strong +22% interview lift
Without
With
+21.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
15 currently pending
Career history
305
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
80.3%
+40.3% vs TC avg
§102
5.0%
-35.0% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 283 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments, see page 1, filed 10/12/2025, with respect to 35 USC 112 have been fully considered and are persuasive. The 35 USC 112(b) rejections of claims 5 and 24has been withdrawn. Applicant's arguments, see page 10 of 13, filed 10/12/2025, with respect to 35 USC 103 have been fully considered but they are not persuasive. Claim 1 of the current application is directed towards Fig. 5a, produced below: PNG media_image1.png 638 889 media_image1.png Greyscale The best prior art, Mufti, Fig.4 is exemplary of its teachings. PNG media_image2.png 435 608 media_image2.png Greyscale Regarding Applicants argument that Mufti does not teach re/selection of a server, or selected second server (Remarks, page 10), examiner respectfully disagrees. Fig 4 of Mufti is read in light of Fig. 3 of Mufti. The claimed second server is S-CSCF 2. Fig. 4 shows the reselection of S-CSCF 2. Note step 200, invite to S-CSCF 1 failed by time-out. This is clear in view of Fig. 3, reproduced on the next page. Fig. 3 of Mufti clearly illustrates the connection failure to S-CSCF 1 and therefore needs to reselect or hand over to another server S-CSCF 2. It appears that Mufti solves the same problem as the current invention, while the exact details are different. PNG media_image3.png 408 713 media_image3.png Greyscale Secondary Reference Zaifuddin, Fig. 1B is step 7 [0034] worth noting: PNG media_image4.png 265 655 media_image4.png Greyscale Claim Rejections - 35 USC § 103 Claims 1 – 5, 8 – 11, 14 – 17, 20 - 24 and 33 are pending. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1 – 5, 8 – 11, 14 – 17, 20 - 24 are rejected under 35 U.S.C. 103 as being unpatentable over Mufti et al. (US 20220191255 A1) in view of Zaifuddin et al. (US 20220006845 A1). Regarding claim 1, Mufti et al. discloses a method (Mufti et al., FIG. 4) performed by a first Internet Protocol Multimedia Subsystem IMS node (Mufti et al., FIG. 3, I-CSCF 103) for handling a setup of a session for communication with a User Equipment, UE (Mufti et al., FIG. 3, UE 100), in a communications network (Mufti et al., FIG. 3), wherein the UE is assigned a first server (Mufti et al., FIG. 4, S-CSCF 104) for session control of the session (Mufti et al., [0023] the UE may be configured to register for, and thereafter access and utilize, one or more IMS-based services via the IMS network in relation to [0026] a first S-CSCF node may represent one of multiple available S-CSCF nodes that is chosen, or otherwise selected, for assignment to the registering UE), the method comprising: sending a request to a subscriber server (Mufti et al., FIG. 4, HSS 108) associated with the UE (Mufti et al., [0023] information stored at the HSS during this registration procedure allows for restoring a subsequent communication session in the event of S-CSCF unavailability and/or AS unavailability), which request requests assistance data for selecting a second server (Mufti et al., [0034] a second TAS is configured to send a UDR message to the HSS in order to obtain, from the HSS repository the active S-CSCF address and user registration data), to be assigned to the UE for the session control (Mufti et al., [0041] in response to determining that the first S-CSCF1 node is unavailable, an IMS restoration technique is initiated where the I-CSCF node communicates a message to the HSS for assistance), selecting a second server (Mufti et al., FIG. 4, S-CSCF 202) to be assigned to the UE for session control, based on the requested assistance data when received from the subscriber server (Mufti et al., [0036] with the contact binding created at the second TAS, and the HSS repository updated to reflect the UE's association with the second TAS in relation to [0041] the message may be a LIR (location information request) message which may respond with a LIA (location information acknowledgment) message which may include the REG (registration) and CAP (capabilities) of S-CSCF1, it also may set a reassignment pending flag in the HSS), sending an invitation to the selected second server, which invitation relates to the setting up the session, which invitation comprises an indication indicating that the selected second server is selected to replace the first server in being assigned to the UE for session control (Mufti et al., [0042] the I-CSCF may then communicate an INVITE request the newly selected S-CSCF2, where route advance logic may be implemented to discover the second, available S-CSCF node), and which indication triggers the selected second server, to indicate to the subscriber server to register the address of the selected second server in the subscriber server, to replace the first server in being assigned to the UE for the session control (Mufti et al., [0043] the S-CSCF2 may communicate a SAR (service assignment request) which may include a SAT=UNREGISTERED_USER message to delete any restoration information in the HSS, where the SAR message may include a server assignment type (SAT) value set to “NO_Assignment” in order to receive the registration data for the UE). Although Mufti et al. discloses in [0042] that route advance logic may be implemented to discover the second, available S-CSCF node, where the second S-CSCF2 node may be a predetermined S-CSCF node that is statically mapped as a backup S- CSCF node in case of unavailability of the assigned, first S-CSCF1 node or discover the S-CSCF2 node from a pool of available S-CSCF nodes). Mufti et al. does not expressly disclose the indication permits the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session. Zaifuddin et al., for example, from an analogous field of endeavor (Zaifuddin et al., [0006] a second S-CSCF may be available for registration when a first S-CSCF becomes unavailable, where an interrogating-Call Session Control Function (I-SCSF) may take over management of assigning a second S-CSCF when the first S-CSCF becomes unavailable or experiences a connection issue) discloses the indication permits the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session (Zaifuddin et al., Fig. 1B, step 7, {0034]; see also [0023] the HSS may communicate with the CSCFs and the network to provide subscriber profile and authentication information, store information about subscribers to help in the authorization, details of devices, as well as the user's location and service information in relation to [0024] the HSS may update the second S-CSCF when the I-CSCF selects the second S-CSCF based on a Route-Advance feature tag or another similar indication and the second S-CSCF sends Diameter Multimedia-Auth-Request (MAR) or Server-Assignment-Request (SAR) command). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the indication permits the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session as taught by Zaifuddin et al. with the system of Mufti et al. in order to allow for a more optimized S-CSCF re-assignment (Zaifuddin et al. [0026]). Regarding claims 2, 9, 20, Mufti et al. - Zaifuddin et al. disclose any one or more out of: the indication is comprised in a routing header of the invitation (Mufti et al., [0035] a header may be used to communicate from the S-CSCF to the TAS2 that the S-CSCF is the serving CSCF for the node), and the invitation is a Session Initiation Protocol, SIP, request message (Mufti et al., [0025] an I-CSCF node may be interposed between the P-CSCF node and the first S-CSCF node to process the SIP request and forward the SIP request to the first S-CSCF node). Regarding claims 3, 10, 16, 22, Mufti et al. - Zaifuddin et al. disclose the request is any one or more out of: an Hypertext Transport Protocol, HTTP, GET request, and a Diameter request message (Mufti et al., [0020] the individual ones of the IMS nodes may be configured to transmit data to/from the HSS using Diameter protocol over a Diameter (Cx) interface). Regarding claims 4, 11, 17, 23, Mufti et al. - Zaifuddin et al. disclose the request is sent when any one out of: the first IMS node determines that the first server is unavailable at setting up the session (Mufti et al., [0018] the I-CSCF may issue an INVITE to a first S-CSCF1 which may be unresponsive for a variety of reasons), or it is decided that the first server is to be replaced at setting up the session (Mufti et al., [0018] the I-CSCF may have to wait on a timer to expire and then it may have to determine an additional S-CSCF2 to try to take over for the S-CSCF1). Regarding claims 5, 24, Mufti et al. - Zaifuddin et al. disclose receiving an invitation request, from an end node e.g. a calling UE (Mufti et al., [0021] a service provider may offer multimedia telephony services that allow a subscribed user to call or message other users via the IMS network using his/her UE in relation to [0038] before the I-CSCF discovers that the first S-CSCF1 node is unavailable, the I-CSCF may receive a SIP request from the UE as part of a communication session established for the UE), which invitation request comprises the invitation relating to setting up the session for the communication with the UE, and sending the invitation to the first server assigned to the UE (Mufti et al., [0030] a SIP request, such as a SIP INVITE, etc., may be received by the I-CSCF node, and forwarded, by the I-CSCF node to the first S-CSCF node, where the SIP request may comprise a SIP message that uses the SIP INVITE to establish the communication session, e.g., a voice communication session with another UE). Regarding claim 8, Mufti et al. discloses a method performed by a second server (Mufti et al., FIG. 4, S-CSCF 202) for handling a setup of a session for communication with a User Equipment, UE (Mufti et al., FIG. 3, UE 100), in a communications network (Mufti et al., FIG. 3), wherein the UE is assigned a first server (Mufti et al., FIG. 4, S-CSCF 104) for session control of the session (Mufti et al., [0023] the UE may be configured to register for, and thereafter access and utilize, one or more IMS-based services via the IMS network in relation to [0026] a first S-CSCF node may represent one of multiple available S-CSCF nodes that is chosen, or otherwise selected, for assignment to the registering UE), the method comprising: receiving an invitation from a first IMS node (Mufti et al., FIG. 3, I-CSCF 103), which invitation relates to setting up the session, which invitation comprises an indication indicating that the second server is selected to replace the first server in being assigned to the UE for session control (Mufti et al., [0042] the I-CSCF may then communicate an INVITE request the newly selected S-CSCF2, where route advance logic may be implemented to discover the second, available S-CSCF node), and triggered by the indication, sending a registration request to a subscriber server (Mufti et al., FIG. 4, HSS 108) associated with the UE, which registration request comprises the indication, and which registration request requests the subscriber server to register the address of the selected second server in the subscriber server, to replace the first server in being assigned to the UE for the session control (Mufti et al., [0043] the S-CSCF2 may communicate a SAR (service assignment request) which may include a SAT=UNREGISTERED_USER message to delete any restoration information in the HSS, where the SAR message may include a server assignment type (SAT) value set to “NO_Assignment” in order to receive the registration data for the UE) . Although Mufti et al. discloses in [0042] that route advance logic may be implemented to discover the second, available S-CSCF node, where the second S-CSCF2 node may be a predetermined S-CSCF node that is statically mapped as a backup S- CSCF node in case of unavailability of the assigned, first S-CSCF1 node or discover the S-CSCF2 node from a pool of available S-CSCF nodes). Mufti et al. does not expressly disclose the indication permits the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session. Zaifuddin et al., for example, from an analogous field of endeavor (Zaifuddin et al., [0006] a second S-CSCF may be available for registration when a first S-CSCF becomes unavailable, where an interrogating-Call Session Control Function (I-SCSF) may take over management of assigning a second S-CSCF when the first S-CSCF becomes unavailable or experiences a connection issue) discloses the indication permits the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session (Zaifuddin et al., [0023] the HSS may communicate with the CSCFs and the network to provide subscriber profile and authentication information, store information about subscribers to help in the authorization, details of devices, as well as the user's location and service information in relation to [0024] the HSS may update the second S-CSCF when the I-CSCF selects the second S-CSCF based on a Route-Advance feature tag or another similar indication and the second S-CSCF sends Diameter Multimedia-Auth-Request (MAR) or Server-Assignment-Request (SAR) command). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the indication permits the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session as taught by Zaifuddin et al. with the system of Mufti et al. in order to allow for a more optimized S-CSCF re-assignment (Zaifuddin et al. [0026]). Regarding claim 14, Mufti et al. discloses a method performed by a subscriber server (Mufti et al., FIG. 4, HSS 108) for handling a setup of a session for communication with a User Equipment, UE (Mufti et al., FIG. 3, UE 100), in a communications network (Mufti et al., FIG. 3), wherein the UE is assigned a first server (Mufti et al., FIG. 4, S-CSCF 104) for session control of the session (Mufti et al., [0023] the UE may be configured to register for, and thereafter access and utilize, one or more IMS-based services via the IMS network in relation to [0026] a first S-CSCF node may represent one of multiple available S-CSCF nodes that is chosen, or otherwise selected, for assignment to the registering UE), and wherein the subscriber server is associated with the UE(Mufti et al., [0023] information stored at the HSS during this registration procedure allows for restoring a subsequent communication session in the event of S-CSCF unavailability and/or AS unavailability), the method comprising: receiving a request from a first IMS node associated with the UE, which request requests assistance data for selecting a second server (Mufti et al., FIG. 4, S-CSCF 202), to be assigned to the UE for the session control (Mufti et al., [0041] in response to determining that the first S-CSCF1 node is unavailable, an IMS restoration technique is initiated where the I-CSCF node communicates a message to the HSS for assistance), sending the requested assistance data to the first IMS node, receiving a registration request from the second server comprising an indication indicating that the second server has been selected based on the assistance data, to replace the first server in being assigned to the UE for session control (Mufti et al., [0036] with the contact binding created at the second TAS, and the HSS repository updated to reflect the UE's association with the second TAS in relation to [0041] the message may be a LIR (location information request) message which may respond with a LIA (location information acknowledgment) message which may include the REG (registration) and CAP (capabilities) of S-CSCF1, it also may set a reassignment pending flag in the HSS), performing the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session (Mufti et al., [0042] the I-CSCF may then communicate an INVITE request the newly selected S-CSCF2, where route advance logic may be implemented to discover the second, available S-CSCF node). Mufti et al. does not expressly disclose the registration request comprising the indication, requests and permits the subscriber server to register the address of the selected second server in the subscriber server, to replace the first server in being assigned to the UE for the session control. Zaifuddin et al., for example, from an analogous field of endeavor (Zaifuddin et al., [0006] a second S-CSCF may be available for registration when a first S-CSCF becomes unavailable, where an interrogating-Call Session Control Function (I-SCSF) may take over management of assigning a second S-CSCF when the first S-CSCF becomes unavailable or experiences a connection issue) discloses the registration request comprising the indication, requests and permits the subscriber server to register the address of the selected second server in the subscriber server, to replace the first server in being assigned to the UE for the session control (Zaifuddin et al., [0023] the HSS may communicate with the CSCFs and the network to provide subscriber profile and authentication information, store information about subscribers to help in the authorization, details of devices, as well as the user's location and service information in relation to [0024] the HSS may update the second S-CSCF when the I-CSCF selects the second S-CSCF based on a Route-Advance feature tag or another similar indication and the second S-CSCF sends Diameter Multimedia-Auth-Request (MAR) or Server-Assignment-Request (SAR) command). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the registration request comprising the indication, requests and permits the subscriber server to register the address of the selected second server in the subscriber server, to replace the first server in being assigned to the UE for the session control as taught by Zaifuddin et al. with the system of Mufti et al. in order to allow for a more optimized S-CSCF re-assignment (Zaifuddin et al. [0026]). Regarding claim 15, Mufti et al. - Zaifuddin et al. disclose the registration request is any one or more out of: an Hypertext Transport Protocol, HTTP, PUT request, and a Diameter request message (Mufti et al., [0020] the individual ones of the IMS nodes may be configured to transmit data to/from the HSS using Diameter protocol over a Diameter (Cx) interface). Regarding claim 20, Mufti et al. discloses a first IMS node (Mufti et al., FIG. 3, I-CSCF 103) configured to handle a setup of a session for communication with a User Equipment, UE (Mufti et al., FIG. 3, UE 100), in a communications network (Mufti et al., FIG. 3), wherein the UE is adapted to be assigned a first server for session control of the session (Mufti et al., [0023] the UE may be configured to register for, and thereafter access and utilize, one or more IMS-based services via the IMS network in relation to [0026] a first S-CSCF node may represent one of multiple available S-CSCF nodes that is chosen, or otherwise selected, for assignment to the registering UE), wherein the first IMS node further is configured to: send a request to a subscriber server adapted to be associated with the UE (Mufti et al., [0023] information stored at the HSS during this registration procedure allows for restoring a subsequent communication session in the event of S-CSCF unavailability and/or AS unavailability), which request is adapted to request assistance data for selecting a second server (Mufti et al., [0034] a second TAS is configured to send a UDR message to the HSS in order to obtain, from the HSS repository the active S-CSCF address and user registration data), to be assigned to the UE for the session control (Mufti et al., [0041] in response to determining that the first S-CSCF1 node is unavailable, an IMS restoration technique is initiated where the I-CSCF node communicates a message to the HSS for assistance), select a second server (Mufti et al., FIG. 4, S-CSCF 202) to be assigned to the UE for session control, based on the requested assistance data when received from the subscriber server, send an invitation to the selected second server (Mufti et al., [0036] with the contact binding created at the second TAS, and the HSS repository updated to reflect the UE's association with the second TAS in relation to [0041] the message may be a LIR (location information request) message which may respond with a LIA (location information acknowledgment) message which may include the REG (registration) and CAP (capabilities) of S-CSCF1, it also may set a reassignment pending flag in the HSS), which invitation is adapted to be related to the setting up the session, which invitation is further adapted to comprise an indication adapted to indicate that the selected second server is selected to replace the first server in being assigned to the UE for session control (Mufti et al., [0042] the I-CSCF may then communicate an INVITE request the newly selected S-CSCF2, where route advance logic may be implemented to discover the second, available S-CSCF node), and which indication is further adapted to trigger the selected second server, to indicate to the subscriber server to register the address of the selected second server in the subscriber server, to replace the first server in being assigned to the UE for the session control (Mufti et al., [0043] the S-CSCF2 may communicate a SAR (service assignment request) which may include a SAT=UNREGISTERED_USER message to delete any restoration information in the HSS, where the SAR message may include a server assignment type (SAT) value set to “NO_Assignment” in order to receive the registration data for the UE). Mufti et al. does not expressly disclose the indication is further adapted to permit the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session. Zaifuddin et al., for example, from an analogous field of endeavor (Zaifuddin et al., [0006] a second S-CSCF may be available for registration when a first S-CSCF becomes unavailable, where an interrogating-Call Session Control Function (I-SCSF) may take over management of assigning a second S-CSCF when the first S-CSCF becomes unavailable or experiences a connection issue) discloses the indication is further adapted to permit the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session (Zaifuddin et al., Fig. 1B, step 7, {0034]; see also [0023] the HSS may communicate with the CSCFs and the network to provide subscriber profile and authentication information, store information about subscribers to help in the authorization, details of devices, as well as the user's location and service information in relation to [0024] the HSS may update the second S-CSCF when the I-CSCF selects the second S-CSCF based on a Route-Advance feature tag or another similar indication and the second S-CSCF sends Diameter Multimedia-Auth-Request (MAR) or Server-Assignment-Request (SAR) command). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the indication is further adapted to permit the subscriber server, to perform the registering to replace the first server with the selected second server to be assigned to the UE for session control for said session as taught by Zaifuddin et al. with the system of Mufti et al. in order to allow for a more optimized S-CSCF re-assignment (Zaifuddin et al. [0026]). Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Mufti et al. (US 20220191255 A1) in view of Zaifuddin et al. (US 20220006845 A1), further in view of Beckman, US 209/0028060 For claim 33, Mufti and Zaifuddin disclose the method according to claim 1. Mufti and Zaifuddin do not disclose the request is a Hypertext Transport Protocol, HTTP, GET request. However, Bechmann, teaches a Hypertext Transport Protocol, HTTP, GET request. (PP03 and PP90). It would have been obvious to one of ordinary skill in the art to modify the request of Mufti with a HTTP GET request because HTTP-Get-Request is really well known at the effective filing date of the current invention for IMS systems. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charles C Jiang whose telephone number is (571)270-7191. The examiner can normally be reached Monday to Thursday 7 am to 5 pm Eastern Time. 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, TC Group director, Deborah Reynolds can be reached at (571) 272-0734. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

May 30, 2023
Application Filed
Jul 30, 2025
Non-Final Rejection mailed — §103
Oct 12, 2025
Response Filed
Jul 02, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
97%
With Interview (+21.6%)
3y 2m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 283 resolved cases by this examiner. Grant probability derived from career allowance rate.

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