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 .
This office action is a response to an application filed on 10/16/2025 in which claims 1, 3-4, 7-8, 10-14, 16, 18-22 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted 08/22/2025 has been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Response to Amendment
Applicant’s Arguments/Remarks filed on 10/16/2025 with respect to amended independent claim 1 have been fully considered but are not persuasive. Applicant’s arguments are addressed below. Applicant’s amendments to claims 7 and 16 overcome the claim objections previously set in the Non-Final Office Action mailed on 07/16/2025The claims have not overcome the claim rejections as shown below.
Claims 1, 3-4, 7-8, 10-14, 16, 18-22 are pending.
Claims 2, 5-6, 9, 15 and 17 were canceled.
Response to Arguments
Regarding amended independent claim 1, Applicant argues that Gholmieh fails to mention or suggest “receive a registration request message indicating an updated radio access capability associated with a user equipment “UE”, wherein the registration request message is received from the UE in an idle state” because Gholmieh teaches an MME that receives a tracking area update (“TAU”) message. Applicant further argues that a TAU message is not a registration message.
Based on the amendments to the claim, further consideration of the prior arts of record was performed. The prior art of Gholmieh discloses most of claim 1 features but in regards to an MME and TAU request/accept messages. However, the prior art of Jain shows an AMF performing similar functions as Gholmieh’ MME and a registration request with UE radio capability information. The prior art Adjakple discloses in [0321]-[0323] a WTRU transmitting a registration message, such as TAU request, to the MME and receiving a registration message, such as a TAU accept, from the MME. Thus, Adjakple provides support that the TAU request and TAU accept messages in Gholmieh are registration messages.
Therefore, based on the response to argument presented above, the amended independent claim 1 is rendered unpatentable. Independent claim 13 recites similar distinguishing features as claim 1 discussed above, thus is rendered unpatentable for the reasons discussed above. As a result the features of the claims are shown by the cited references as set forth below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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.
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, 3-4, 8, 10-14 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Gholmieh et al. (US 2013/0322302) (provided in the IDS), hereinafter “Gholmieh” in view of Jain et al. (US 2021/0029618) (provided in the IDS), hereinafter “Jain” and further in view of Adjakple et al. (US 2013/0044709), hereinafter “Adjakple”.
As to claim 1, Gholmieh teaches an apparatus (Gholmieh, Fig. 10, Fig. 31, [0135], the MME), the apparatus comprising:
at least one memory (Gholmieh, Fig. 10, Fig. 30, [0135], Fig. 31, [0137]-[0138], the MME includes a computer-readable medium storing software); and
at least one processor coupled to the at least one memory and configured to cause (Gholmieh, Fig. 10, Fig. 30, [0135], Fig. 31, [0137]-[0138], the MME includes a processor connected to the computer-readable medium that executes the software to perform the functions of the MME) to:
receive a request message indicating an updated radio access capability associated with a user equipment “UE” (Gholmieh, Fig. 10, [0083], the MME receives, from the UE, a TAU request (step 1010) including a flag indicating “UE radio capability information updated needed”), wherein the request message is received from the UE in an idle state (Gholmieh, Fig. 10, [0083], the MME receives, from the UE, the TAU request (step 1010) including a flag indicating “UE radio capability information updated needed”. The UE is in RRC_IDLE mode (step 1008));
delete a radio access capability associated with the UE based at least in part on the received request message (Gholmieh, Fig. 10, [0083], the MME deletes the stored UE radio capability (step 1012) in response to the TAU request received (step 1010));
transmit, to a base station, a second message excluding the radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], the MME transmits, to the eNB, an initial context setup message (step 1026) that does not includes the UE capability information of the UE 1002, as the MME 1006 had previously deleted such information in step 1012); and
transmit, to the UE, a accept message comprising a cause value that indicates acceptance of the new radio access capability (Gholmieh, Fig. 10, [0083], the MME transmits, to the UE, a TAU accept message to acknowledge that the UE radio capability information updated is needed).
Gholmieh teaches the claimed limitations as stated above. Gholmieh does not explicitly teach the following underlined feature: regarding claim 1, an apparatus comprising an access and mobility management function (“AMF”),
a registration request;
initiate an Access Stratum (“AS”) procedure to request an AS capability from the UE;
receive, from the base station and in response to the AS procedure, a third message indicating a new radio access capability associated with the UE; and
a registration accept message.
However, Jain teaches an apparatus comprising an access and mobility management function (“AMF”) (Jain, Fig. 11, [0181], an AMF performing a method to obtain specific information on the UE radio capabilities. The AMF shown in Jain’s Figure 11 is analogous to the MME shown in Gholmieh’s Figs. 9-10 since both perform similar steps to obtain UE capability information),
a registration request (Jain, Fig. 11, [0182], at operation 1102 the AMF receives from the UE a Registration request message with the UE radio capability information update needed indicator);
initiate an Access Stratum (“AS”) procedure to request an AS capability from the UE (Jain, Fig. 11, [0183], the AMF transmits an N2 Feature Specific UE/RAN Radio information and Compatibility Request message to the RAN node 211 (step 1104). The AMF include an “update needed” indication/indicator in the Feature Specific UE/RAN Radio information and Compatibility Request message to request the current UE's usage setting from the UE 201 or RAN 211. [0184], the N2 request message (step 1104) is used obtain UE radio capabilities from the UE (steps 1106-1108). The Access Stratum procedure and capability is the procedure and capability of the UE to communicate with the RAN); and
receive, from the base station and in response to the AS procedure, a third message indicating a new radio access capability associated with the UE (Jain, Fig. 11, [0186]-[0187], the AMF receives, from the RAN and after UE radio capability enquiry and information (steps 1104-1108), the N2 messages comprising the radio capabilities of the UE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh to have the features, as taught by Jain, in order to enhance the coverage for user equipments (UEs) that may operate according to a voice centric usage setting or a data centric usage setting (Jain, [0019]).
Gholmieh and Jain teach the claimed limitations as stated above. Gholmieh and Jain do not explicitly teach the following features: regarding claim 1, a registration accept message.
However, Adjakple teaches a registration accept message (Adjakple, Fig. 13, Fig. 21, Fig. 22, [0321]-[0323], the WTRU transmits a registration message, such as TAU request, to the MME and receives a registration message, such as a TAU accept, from the MME. Adjakple provides the teaching that the TAU request and TAU accept messages in Gholmieh are registration messages).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh and Jain to have the features, as taught by Adjakple, in order to power up radio access technologies (RATs) based on the services and sessions running of each RAT for a WTRU (Adjakple, [0344]).
Gholmieh teaches the claimed limitations as stated above. Gholmieh does not explicitly teach the following features: regarding claim 3, wherein the registration request message has a mobility registration type.
As to claim 3, Jain teaches wherein the registration request message has a mobility registration type (Jain, Fig. 11, [0182], a Registration request message with the UE radio capability information update needed indicator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh to have the features, as taught by Jain, in order to enhance the coverage for user equipments (UEs) that may operate according to a voice centric usage setting or a data centric usage setting (Jain, [0019]).
Gholmieh teaches the claimed limitations as stated above. Gholmieh does not explicitly teach the following features: regarding claim 4, wherein the registration request message and the registration accept message are communicated during a Non-Access Stratum (“NAS”) procedure between the AMF and the UE, wherein the second message and the third message are communicated during a N2 procedure between the AMF and the base station.
As to claim 4, Jain teaches wherein the second message and the third message are communicated during a N2 procedure between the AMF and the base station (Jain, Fig. 11, [0182]-[0183], the NAS is used for the communication between the UE and the core network. The N2 is used for the communication between the core network and the RAN).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh to have the features, as taught by Jain, in order to enhance the coverage for user equipments (UEs) that may operate according to a voice centric usage setting or a data centric usage setting (Jain, [0019]).
Gholmieh and Jain teach the claimed limitations as stated above. Gholmieh and Jain do not explicitly teach the following features: regarding claim 4, wherein the registration request message and the registration accept message are communicated during a Non-Access Stratum (“NAS”) procedure between the AMF and the UE.
However, Adjakple teaches wherein the registration request message and the registration accept message are communicated during a Non-Access Stratum (“NAS”) procedure between the AMF and the UE (Adjakple, Fig. 13, Fig. 21, Fig. 22, [0321]-[0323], the WTRU indicates its capabilities in a registration message, such as TAU request, to the MME and receives a registration message, such as a TAU accept, from the MME. Fig. 1D, [0088], Fig. 4, [0119]-[0121], the UE communicates with the core network (CN) via the NAS protocol communication 434 using NAS protocols 420. The CN includes the MME).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh and Jain to have the features, as taught by Adjakple, in order to power up radio access technologies (RATs) based on the services and sessions running of each RAT for a WTRU (Adjakple, [0344]).
As to claim 8, Gholmieh teaches wherein the registration request message comprises an indication to delete a radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], “the TAU request includes a flag that indicates that the TAU request was made by the UE 1002 in order to update its capability information (e.g., upon handoff to the eNB 1004) and an active flag that mandates that the MME perform step 1026. In step 1012, the MME 1006 deletes the UE radio capability information stored for the UE 1002”. TAU request (“UE radio capability information updated needed”, active flag). The MME deletes the stored UE radio capability in response to the flag indicating that “UE radio capability information updated needed”).
As to claim 10, Gholmieh teaches wherein the second message comprises a UE context associated with the UE (Gholmieh, Fig. 10, [0083], the MME transmits, to the eNB, the initial context setup message (step 1026) based on the active flag received in the TAU request from the UE).
As to claim 11, Gholmieh teaches wherein the at least one processor is configured to cause the AMF to store the new radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], the MME stores the new capability information of the UE).
As to claim 12, Gholmieh teaches wherein the radio access capability comprises a capability associated with a specific radio access technology (“RAT”) supported by the UE and wherein, for each RAT, the radio access capability comprises a supported frequency band (Gholmieh, [0071], Table 1, the capability information includes different elements, such as interRAT-BandList - One entry corresponding to each supported band of another RAT listed in the same order as in the interRAT-Parameters, SupportedBandGERAN, SuportedBandList1XRTT, SuportedBandListHRPD, SuportedBandUTRA-FDD, SuportedBandUTRA-TDD128, etc.).
As to claim 13, Gholmieh teaches a method (Gholmieh, Fig. 10, Fig. 31, [0135], the MME performing a method), the method comprising:
receiving, from a user equipment (“UE”), a request message indicating an updated radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], the MME receives, from the UE, a TAU request (step 1010) including a flag indicating “UE radio capability information updated needed”), wherein the request message is received from the UE in an idle state (Gholmieh, Fig. 10, [0083], the MME receives, from the UE, the TAU request (step 1010) including a flag indicating “UE radio capability information updated needed”. The UE is in RRC_IDLE mode (step 1008));
deleting a radio access capability associated with the UE based at least in part on the received request message (Gholmieh, Fig. 10, [0083], the MME deletes the stored UE radio capability (step 1012) in response to the TAU request received (step 1010));
transmitting, to a base station, a second message excluding the radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], the MME transmits, to the eNB, an initial context setup message (step 1026) that does not includes the UE capability information of the UE 1002, as the MME 1006 had previously deleted such information in step 1012); and
transmitting, to the UE, a accept message comprising a cause value that indicates acceptance of the new radio access capability (Gholmieh, Fig. 10, [0083], the MME transmits, to the UE, a TAU accept message to acknowledge that the UE radio capability information updated is needed).
Gholmieh teaches the claimed limitations as stated above. Gholmieh does not explicitly teach the following feature: regarding claim 13, a method performed by an access and mobility management function (“AMF”),
a registration request;
initiating an Access Stratum (“AS”) procedure to request an AS capability from the UE;
receiving, from the base station and in response to the AS procedure, a third message indicating a new radio access capability associated with the UE; and
a registration accept message.
However, Jain teaches a method performed by an access and mobility management function (“AMF”) (Jain, Fig. 11, [0181], an AMF performing a method to obtain specific information on the UE radio capabilities. The AMF shown in Jain’s Figure 11 is analogous to the MME shown in Gholmieh’s Figs. 9-10 since both perform similar steps to obtain UE capability information),
a registration request (Jain, Fig. 11, [0182], at operation 1102 the AMF receives from the UE a Registration request message with the UE radio capability information update needed indicator);
initiating an Access Stratum (“AS”) procedure to request an AS capability from the UE (Jain, Fig. 11, [0183], the AMF transmits an N2 Feature Specific UE/RAN Radio information and Compatibility Request message to the RAN node 211 (step 1104). The AMF include an “update needed” indication/indicator in the Feature Specific UE/RAN Radio information and Compatibility Request message to request the current UE's usage setting from the UE 201 or RAN 211. [0184], the N2 request message (step 1104) is used obtain UE radio capabilities from the UE (steps 1106-1108). The Access Stratum procedure and capability is the procedure and capability of the UE to communicate with the RAN); and
receiving, from the base station and in response to the AS procedure, a third message indicating a new radio access capability associated with the UE (Jain, Fig. 11, [0186]-[0187], the AMF receives, from the RAN and after UE radio capability enquiry and information (steps 1104-1108), the N2 messages comprising the radio capabilities of the UE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh to have the features, as taught by Jain, in order to enhance the coverage for user equipments (UEs) that may operate according to a voice centric usage setting or a data centric usage setting (Jain, [0019]).
Gholmieh and Jain teach the claimed limitations as stated above. Gholmieh and Jain do not explicitly teach the following features: regarding claim 13, a registration accept message.
However, Adjakple teaches a registration accept message (Adjakple, Fig. 13, Fig. 21, Fig. 22, [0321]-[0323], the WTRU transmits a registration message, such as TAU request, to the MME and receives a registration message, such as a TAU accept, from the MME. Adjakple provides the teaching that the TAU request and TAU accept messages in Gholmieh are registration messages).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh and Jain to have the features, as taught by Adjakple, in order to power up radio access technologies (RATs) based on the services and sessions running of each RAT for a WTRU (Adjakple, [0344]).
As to claim 14, Gholmieh teaches wherein the registration request message comprises an indication to delete a radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], “the TAU request includes a flag that indicates that the TAU request was made by the UE 1002 in order to update its capability information (e.g., upon handoff to the eNB 1004) and an active flag that mandates that the MME perform step 1026. In step 1012, the MME 1006 deletes the UE radio capability information stored for the UE 1002”. TAU request (“UE radio capability information updated needed”, active flag). The MME deletes the stored UE radio capability in response to the flag indicating that “UE radio capability information updated needed”).
As to claim 18, Gholmieh teaches wherein the second message comprises a UE context associated with the UE (Gholmieh, Fig. 10, [0083], the MME transmits, to the eNB, the initial context setup message (step 1026) based on the active flag received in the TAU request from the UE).
As to claim 19, Gholmieh teaches further comprising storing the new radio access capability associated with the UE (Gholmieh, Fig. 10, [0083], the MME stores the new capability information of the UE).
As to claim 20, Gholmieh teaches wherein the radio access capability comprises a capability associated with a specific radio access technology (“RAT”) supported by the UE and wherein, for each RAT, the radio access capability comprises a supported frequency band (Gholmieh, [0071], Table 1, the capability information includes different elements, such as interRAT-BandList - One entry corresponding to each supported band of another RAT listed in the same order as in the interRAT-Parameters, SupportedBandGERAN, SuportedBandList1XRTT, SuportedBandListHRPD, SuportedBandUTRA-FDD, SuportedBandUTRA-TDD128, etc.).
Gholmieh teaches the claimed limitations as stated above. Gholmieh does not explicitly teach the following features: regarding claim 21, wherein the registration request message has a mobility registration type.
As to claim 21, Jain teaches wherein the registration request message has a mobility registration type (Jain, Fig. 11, [0182], a Registration request message with the UE radio capability information update needed indicator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh to have the features, as taught by Jain, in order to enhance the coverage for user equipments (UEs) that may operate according to a voice centric usage setting or a data centric usage setting (Jain, [0019]).
Gholmieh teaches the claimed limitations as stated above. Gholmieh does not explicitly teach the following features: regarding claim 22, wherein the registration request message and the registration accept message are communicated during a Non-Access Stratum (“NAS”) procedure between the AMF and the UE, wherein the second message and the third message are communicated during a N2 procedure between the AMF and the base station.
As to claim 22, Jain teaches wherein the second message and the third message are communicated during a N2 procedure between the AMF and the base station (Jain, Fig. 11, [0182]-[0183], the NAS is used for the communication between the UE and the core network. The N2 is used for the communication between the core network and the RAN).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh to have the features, as taught by Jain, in order to enhance the coverage for user equipments (UEs) that may operate according to a voice centric usage setting or a data centric usage setting (Jain, [0019]).
Gholmieh and Jain teach the claimed limitations as stated above. Gholmieh and Jain do not explicitly teach the following features: regarding claim 22, wherein the registration request message and the registration accept message are communicated during a Non-Access Stratum (“NAS”) procedure between the AMF and the UE.
However, Adjakple teaches wherein the registration request message and the registration accept message are communicated during a Non-Access Stratum (“NAS”) procedure between the AMF and the UE (Adjakple, Fig. 13, Fig. 21, Fig. 22, [0321]-[0323], the WTRU indicates its capabilities in a registration message, such as TAU request, to the MME and receives a registration message, such as a TAU accept, from the MME. Fig. 1D, [0088], Fig. 4, [0119]-[0121], the UE communicates with the core network (CN) via the NAS protocol communication 434 using NAS protocols 420. The CN includes the MME).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh and Jain to have the features, as taught by Adjakple, in order to power up radio access technologies (RATs) based on the services and sessions running of each RAT for a WTRU (Adjakple, [0344]).
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gholmieh et al. (US 2013/0322302) (provided in the IDS), hereinafter “Gholmieh” in view of Jain et al. (US 2021/0029618) (provided in the IDS), hereinafter “Jain” and further in view of Adjakple et al. (US 2013/0044709), hereinafter “Adjakple” and further in view of Wang et al. (US 2018/0160298), hereinafter “Wang”.
Gholmieh, Jain and Adjakple teach the claimed limitations as stated above. Gholmieh, Jain and Adjakple do not explicitly teach the following features: regarding claim 7, wherein the at least one processor is configured to cause the AMF to transition a UE state associated with the UE to the idle state prior to receipt of the first message.
As to claim 7, Wang teaches wherein the at least one processor is configured to cause the AMF to transition a UE state associated with the UE to the idle state prior to receipt of the registration request message (Wang, Fig. 6, [0070], the UE transitions to idle state 622 and initiate a TAU procedure when an enhanced coverage is selected, where the TAU request includes the “UE radio capability information update needed” information elements message. Fig. 8, [0088], the UE sends a tracking area update (TAU) request indicating that UE radio capability information update is needed. [0071], “Prior to switching to enhanced UE device mode 620, UE 110 may first transition to RRC idle state 614 upon an RRC connection release (T634)”, [0079], “an RRC connection release message has been received from eNodeB 120”. [0030], the MME is in charge of activate and deactivate bearers for UE 110. The prior art of Adjakple indicates that a TAU request is a registration message).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh, Jain and Adjakple to have the features, as taught by Wang, in order to utilize multiple coverage modes to compensate for coverage gaps in a wireless network, thereby preventing costly roaming for network users, and avoiding coverage losses which may interrupt calls and/or data connectivity (Wang, [0001], [0011]).
Gholmieh and Jain teach the claimed limitations as stated above. Gholmieh and Jain do not explicitly teach the following features: regarding claim 16, further comprising transitioning a UE state associated with the UE to the idle state prior to receipt of the registration request message.
As to claim 16, Wang teaches further comprising transitioning a UE state associated with the UE to the idle state prior to receipt of the registration request message (Wang, Fig. 6, [0070], the UE transitions to idle state 622 and initiate a TAU procedure when an enhanced coverage is selected, where the TAU request includes the “UE radio capability information update needed” information elements message. Fig. 8, [0088], the UE sends a tracking area update (TAU) request indicating that UE radio capability information update is needed. [0071], “Prior to switching to enhanced UE device mode 620, UE 110 may first transition to RRC idle state 614 upon an RRC connection release (T634)”, [0079], “an RRC connection release message has been received from eNodeB 120”. [0030], the MME is in charge of activate and deactivate bearers for UE 110. The prior art of Adjakple indicates that a TAU request is a registration message).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Gholmieh and Jain to have the features, as taught by Wang, in order to utilize multiple coverage modes to compensate for coverage gaps in a wireless network, thereby preventing costly roaming for network users, and avoiding coverage losses which may interrupt calls and/or data connectivity (Wang, [0001], [0011]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Takakura et al. U.S. Patent Application Pub. No. 2020/0128460 – User equipment, AMF, core network apparatus, P-CSCF, and communication control method.
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 RICARDO H CASTANEYRA whose telephone number is (571)272-2486. The examiner can normally be reached M-F 9:00am - 5:30pm.
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/RICARDO H CASTANEYRA/Primary Examiner, Art Unit 2473
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