DETAILED ACTION
Response filed on 3/9/2026 has been entered and made of record.
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 .
Claim status
No claims are amended.
Claims 1-26 are pending for examination.
Response to arguments
Re: 35 U.S.C. 103 rejection.
Examiner has reviewed the arguments from the applicant. Applicant’s arguments are persuasive with respect to the prior arts used in the last office action.
35 U.S.C. 103 rejections are withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim claims 1-3, 13-16, and 20-33 of U.S. Patent No. 11153813. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of the above cited patent.
Below is the table comparing claims of the instant application with claims of the issued patent.
Instant application (18/141,814)
Issued patent (16/102,336)
1. A method comprising: receiving, by a first computing device associated with a first network and from a second computing device, a first message indicating a request for a network slice, wherein the first message comprises a third party charging indication; and sending, by the first computing device to a third computing device associated with the first network, a second message indicating the request for the network slice, wherein the second message comprises the third party charging indication.
2. The method of claim 1, wherein the first network comprises a visited public land mobile network (VPLMN).
3. The method of claim 1, wherein the first computing device comprises a visited policy control function (VPCF) device, wherein the second computing device comprises a home policy control function (HPCF) device, and wherein the third computing device comprises a session management function (SMF) device.
4. The method of claim 1, wherein the first message further comprises at least one of: priority information for the network slice, a network slicing required indication, required bandwidth information for the network slice, latency information for the network slice, a third party identifier, single network slice selection assistance information (S-NSSAI),application function service identifier information, service data flow information, a user identity, an access point name identity, a quality of service (QoS) policy, a charging policy, a packet inspection policy, or a packet routing policy.
5. The method of claim 1, wherein the third party charging indication is associated with a second network different from the first network, and wherein the second computing device is associated with the second network.
6. The method of claim 1, wherein the first computing device comprises a radio access network device, wherein the second computing device comprises an access and mobility management function (AMF) device, and wherein the third computing device comprises a wireless device.
7. The method of claim 1, wherein the second message further comprises a policy based on the third party charging indication.
8. The method of claim 1, wherein the second message further comprises a network slice identifier for the network slice.
9. A method comprising: receiving, by a wireless device and from a computing device associated with a first network, a first message indicating a request for a network slice for the wireless device, wherein the first message comprises a policy based on a third party charging indication associated with a second network; and sending, by the wireless device and to the computing device, a second message indicating a network slice establishment response.
10. The method of claim 9, wherein the first network comprises a visited public land mobile network (VPLMN), and wherein the second network comprises a home public land mobile network (HPLMN).
11. The method of claim 9, wherein the computing device comprises a radio access network device.
12. The method of claim 9, wherein the first message comprises a network slice establishment request message.
13. The method of claim 9, wherein the first message further comprises at least one of: network slicing information, a network slice identifier, single network slice selection assistance information (S-NSSAI),data flow information, an access point name (APN) identity, or a packet data unit (PDU) session identifier.
14. A first computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the first computing device to: receive, from a second computing device, a first message indicating a request for a network slice, wherein the first message comprises a third party charging indication; and send, to a third computing device, a second message indicating the request for the network slice, wherein the second message comprises the third party charging indication.
15. The first computing device of claim 14, wherein the first computing device and the third computing device are associated with a visited public land mobile network (VPLMN).
16. The first computing device of claim 14, wherein the first computing device comprises a visited policy control function (VPCF) device, wherein the second computing device comprises a home policy control function (HPCF) device, and wherein the third computing device comprises a session management function (SMF) device.
17. The first computing device of claim 14, wherein the first message further comprises at least one of: priority information for the network slice, a network slicing required indication, required bandwidth information for the network slice, latency information for the network slice, a third party identifier, single network slice selection assistance information (S-NSSAI),application function service identifier information, service data flow information, a user identity, an access point name identity, a quality of service (QoS) policy, a charging policy, a packet inspection policy, or a packet routing policy.
18. The first computing device of claim 14, wherein the first computing device is associated with a first network, wherein the third party charging indication is associated with a second network different from the first network, and wherein the second computing device is associated with the second network.
19. The first computing device of claim 14, wherein the first computing device comprises a radio access network device, wherein the second computing device comprises an access and mobility management function (AMF) device, and wherein the third computing device comprises a wireless device.
20. The first computing device of claim 14, wherein the second message further comprises a policy based on the third party charging indication.
21. The first computing device of claim 14, wherein the second message further comprises a network slice identifier for the network slice.
22. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive, from a computing device associated with a first network, a first message indicating a request for a network slice for the wireless device, wherein the first message comprises a policy based on a third party charging indication associated with a second network; and send, to the computing device, a second message indicating a network slice establishment response.
23. The wireless device of claim 22, wherein the first network comprises a visited public land mobile network (VPLMN), and wherein the second network comprises a home public land mobile network (HPLMN).
24. The wireless device of claim 22, wherein the computing device comprises a radio access network device.
25. he wireless device of claim 22, wherein the first message comprises a network slice establishment request message.
26. The wireless device of claim 22, wherein the first message further comprises at least one of: network slicing information, a network slice identifier, single network slice selection assistance information (S-NSSAI),data flow information, an access point name (APN) identity, or a packet data unit (PDU) session identifier.
1. A method comprising: receiving, by a visited policy control function and from a first home network entity, a first message indicating a request for a network slice for a wireless device, wherein the first message comprises: a third party charging indication; and a charging policy; generating, based on the first message, a network slice identifier for the network slice; and sending, by the visited policy control function and to a visited session management function, a second message indicating a request to establish the network slice for the wireless device, wherein the second message comprises: the network slice identifier; the third party charging indication; and the charging policy.
2. The method of claim 1, wherein the first home network entity [[is]] comprises a home policy control function.
3. The method of claim 1, wherein the first message comprises at least one of: a third party identifier; an identifier of a service provider associated with the request for the network slice; network slice selection assistance information; service data flow information; a user identity; an identity of an access point name; an indication of a required bandwidth of the network slice; an indication of an allowed latency of the network slice; an indication of priority information associated with the network slice; or an indication of a slice type associated with the network slice.
13. The method of claim 1, further comprising: sending, by the visited session management function [[and]] to the wireless device, and via a visited access and mobility management function, a network slice establishment request that is associated with the network slice for the wireless device, wherein the network slice establishment request comprises the network slice identifier.[[;]] sending, by the visited access and mobility management function and to the wireless device, a network slice establishment request comprising the network slice identifier; receiving, by the visited access and mobility management function and from the wireless device, a response to the request; and sending, by the visited access and mobility management function and to the visited session management function, a third message confirming the network slice establishment request.
14. The method of claim 1, further comprising sending, by the visited session management function and to at least one of a home online charging system or a home offline charging system, at least one charging data record or at least one charging message.
15. The method of claim 1, further comprising performing, by the visited session management function, a charging function comprising: collecting data or time usage of [[a]] the wireless device; sending, to at least one of a visited online charging system or a visited offline charging system, at least one charging data record or at least one charging message comprising at least one of: a third party identifier; or the third party charging indication.
16. The method of claim 15, further comprising performing at least one charging action, wherein the at least one charging action comprises at least one of: charging, by the visited online charging system, for the third party based on the at least one charging data record or the at least one charging message; charging, by the visited offline charging system, for the third party based on the at least one charging data record or the at least one charging message; sending, by the visited online charging system to a home online charging system, the at least one charging data record or the at least one charging message; or sending, by the visited offline charging system to a home offline charging system, the at least one charging data record or the at least one charging message.
20. The method of claim 1, wherein the charging policy comprises a policy for third party charging.
21. A visited policy control function comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the visited policy control function to: receive, from a first home network entity, a first message indicating a request for a network slice for a wireless device, wherein the first message comprises: a third party charging indication; and a charging policy; generate, based on the first message, a network slice identifier for the network slice; and send, to a visited session management function, a second message indicating a request to establish the network slice for the wireless device, wherein the second message comprises: the network slice identifier; the third party charging indication; and the charging policy.
22. The visited policy control function of claim 21, wherein the first home network entity comprises a home policy control function.
23. The visited policy control function of claim 21, wherein the first message comprises at least one of: a third party identifier; an identifier of a service provider associated with the request for the network slice; network slice selection assistance information; service data flow information; a user identity; an identity of an access point name; an indication of a required bandwidth of the network slice; an indication of an allowed latency of the network slice; an indication of priority information associated with the network slice; or an indication of a slice type associated with the network slice.
24. The visited policy control function of claim 21, wherein the charging policy comprises a policy for third party charging.
25. A system comprising: a first home network entity; a visited policy control function; and a visited session management function, wherein the first home network entity is configured to: send, to the visited policy control function, a first message indicating a request for a network slice for a wireless device, wherein the first message comprises: a third party charging indication; and a charging policy, and wherein the visited policy control function is configured to: generate, based on the first message, a network slice identifier for the network slice; and send, to the visited session management function, a second message indicating a request to establish the network slice for the wireless device, wherein the second message comprises: the network slice identifier; the third party charging indication; and the charging policy.
26. The system of claim 25, wherein the first home network entity comprises a home policy control function.
27. The system of claim 25, wherein the first message comprises at least one of: a third party identifier; an identifier of a service provider associated with the request for the network slice; network slice selection assistance information; service data flow information; a user identity; an identity of an access point name; an indication of a required bandwidth of the network slice; an indication of an allowed latency of the network slice; an indication of priority information associated with the network slice; or an indication of a slice type associated with the network slice.
28. The system of claim 25, wherein the visited session management function is configured to: send, to the wireless device via a visited access and mobility management function, a network slice establishment request associated with the network slice for the wireless device, wherein the network slice establishment request comprises the network slice identifier.
29. The system of claim 25, wherein the visited session management function is further configured to send, to at least one of a home online charging system or a home offline charging system, at least one charging data record or at least one charging message.
30. The system of claim 25, further comprising: a visited online charging system; and a visited offline charging system, wherein the visited session management function is configured to perform a charging function comprising: collecting data or time usage of the wireless device; and sending, to at least one of the visited online charging system or the visited offline charging system, at least one charging data record or at least one charging message comprising at least one of: a third party identifier; or the third party charging indication.
31. New) The system of claim 30, wherein the visited online charging system is configured to perform at least one charging action, wherein the at least one charging action comprises at least one of: charging for the third party based on the at least one charging data record or the at least one charging message; or sending, to a home online charging system, the at least one charging data record or the at least one charging message.
32. The system of claim 30, wherein the visited offline charging system is configured to perform at least one charging action, wherein the at least one charging action comprises at least one of: charging for the third party based on the at least one charging data record or the at least one charging message; or sending, to a home offline charging system, the at least one charging data record or the at least one charging message.
33. The system of claim 25, wherein the charging policy comprises a policy for third party charging.
As seen from the table, the claims of the instant application are either generic or equivalent to the claims in the potentially conflicting already issued patent cited above, either alone or in combination.
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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/INTEKHAAB A SIDDIQUEE/Primary Examiner, Art Unit 2462
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