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 .
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.
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.
Claim(s) 1, 3-11, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TS 23.501 v16.5.0 Dated July 9th, 2020 in view of Youn et al. Pub. No. US 20230132058 A1.
Regarding Claim 1, 3GPP teaches a method for data communication (Page 265 and 266 and Sec 5.27.2 TSC Assistance Information, TSC assistance information describes TSC traffic characteristics for use in the 5G System where the UPF updates the cumulative rateRatio to SMF using the N4 Report Procedure as defined in TS 23.502 [3] clause 4.4.3.4), comprising:
transmitting, by a SMF to a UPF (Page 265 and Sec 5.27.2 Para 5, The SMF i.e., first network function derives TSCAI on a per QoS Flow basis i.e., indication relating to a stream of data and send it i.e., transmitting to 5G-AN i.e., 5G-AN has second network function i.e., UPF) that includes an indication for the UPF to calculate a traffic pattern that includes at least one of a burst arrival time, a periodicity, or a traffic jitter (Page 266 and table 5.27.2-1 i.e., burst arrival time) relating to a stream of data (Page 265 and Sec 5.27.2 Para 2 and 5, The TSN AF is responsible for obtaining PSFP (IEEE 802.1Q [98]) parameters and use them to calculate traffic pattern parameters (such as burst arrival time with reference to the ingress port, periodicity, and flow direction) and responsible of forwarding these parameters in TSC),
wherein UPF is configured to calculate a traffic pattern based on N4 request (Page 266 and Sec 5.27.2 Para 5 the UPF i.e., second network function updates the offset to SMF using the N4 Report Procedure. In the case of change of cumulative rateRatio between TSN time and 5G time, the UPF updates the cumulative rateRatio to SMF using the N4 Report Procedure i.e., derive a traffic pattern); and
receiving, by SMF, report from the UPF that includes the traffic pattern (Page 266 and Sec 5.27.2 Para 5 the UPF i.e., second network function updates the offset to SMF using the N4 Report Procedure. In the case of change of cumulative rateRatio between TSN time and 5G time i.e., traffic pattern, the UPF updates the cumulative rateRatio to SMF using the N4 Report Procedure i.e., receiving by the first network function)
calculating, by the SMF, time sensitive network (TSN) communication (TSC) assistance information (TSCAI) based on the calculated traffic pattern received in the report (Page 266 Sec 5.27.2 TSC Assistance Information (TSCAI), The TSN AF is responsible for obtaining PSFP (IEEE 802.1Q [98]) parameters and use them to calculate traffic pattern parameters (such as burst arrival time with reference to the ingress port, periodicity, and flow direction i.e., calculating, by the SMF, time sensitive network (TSN) communication (TSC) assistance information (TSCAI) based on the calculated traffic pattern received in the report); and
forwarding, by the SMF, the calculated TSCAI to a radio access node (Page 266 Sec 5.27.2 TSC Assistance Information (TSCAI), The TSN AF is responsible for obtaining PSFP (IEEE 802.1Q [98]) parameters and use them to calculate traffic pattern parameters (such as burst arrival time with reference to the ingress port, periodicity, and flow direction) and responsible of forwarding these parameters in TSC i.e., forwarding, by the SMF, the calculated TSCAI to a radio access node).
Although 3GPP disclose the function of transmitting by the SMF and receive by the SMF report from the UPF. It does not show that the request transmitted by the SMF N4 request to the UPF.
However, in the same field of endeavor, Youn teaches from Fig. 6b Step 15a and 15b that the SMF may start an N4 session Establishment procedure along with the UPF. The UPF may transmit an N4 Session Establishment/Modification Response message to the SMF i.e., transmitting, by a SMF an N4 request to the UPF.
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of 3GPP with the method of Youn so as to improve service quality and expanding and improving coverage and system capacity (See Youn Para 2).
Regarding Claim 3, 3GPP teaches further comprising: transmitting, by SMF, traffic pattern information from the calculated traffic pattern to the policy control function, wherein the policy control function is configured to forward the derived traffic pattern to the application function, and wherein the traffic pattern information includes any of a burst arrival time, a periodicity, and a traffic jitter (Page 265 and Sec 5.27.2 Para 2).
Regarding Claim 4, 3GPP teaches further comprising: receiving, by the SMF, a second report of an arrival time of the packet UPF; and calculating, by the SMF, the traffic pattern from the reported arrival time (Page 265 and Sec 5.27.2 Para 5).
Regarding Claim 5, 3GPP teaches further comprising: establishing, by the SMF, a new quality of service (QoS) flow according to the calculated TSCAI (Page 265 and Sec 5.27.2 Para 5).
Regarding Claim 6. It has been rejected for the same reasons as claim 1.
Regarding Claim 7, 3GPP teaches wherein the calculated traffic pattern includes a burst arrival time of the stream of data (Page 265 and Sec 5.27.2 Para 2).
Regarding Claim 8, 3GPP teaches wherein the calculated traffic pattern includes a periodicity of the stream of data (Page 265 and Sec 5.27.2 Para 5).
Regarding Claim 9, 3GPP teaches wherein the calculated traffic pattern includes a traffic direction of the stream of data (Page 265 and Sec 5.27.2 Para 6).
Regarding Claim 10, 3GPP teaches wherein the calculated traffic pattern includes a traffic jitter of the stream of data (Page 265 and Sec 5.27.1a Para 3).
Regarding Claim 11, it has been rejected for the same reasons as claim 1 and further teaches an apparatus for wireless communication (Fig. 4.4.8.2-1 system architecture view with 5G S appearing as TSN bridge), comprising a processor configured to implement a method, the processor (Page 70 Sec 44.8.2 and Fig. 4.4.8.2-1 system architecture view with 5G S appearing as TSN bridge i.e., TSN System and 5G System both for user plane and control plane. 5GS TSN translator functionality consists of Device-side TSN translator (DS-TT) and Network-side TSN translator (NW-TT). 5G System specific procedures in 5GC and RAN, wireless communication links, etc. remain hidden from the TSN network i.e., processor configured to implement a method).
Regarding Claim 13, it has been rejected for the same reasons as claim 3.
Regarding Claim 14, it has been rejected for the same reasons as claim 4.
Regarding Claim 15, it has been rejected for the same reasons as claim 5.
Regarding Claim 16, it has been rejected for the same reasons as claim 1.
Regarding Claim 17, it has been rejected for the same reasons as claim 7.
Regarding Claim 18, it has been rejected for the same reasons as claim 8.
Regarding Claim 19, it has been rejected for the same reasons as claim 9.
Regarding Claim 20, it has been rejected for the same reasons as claim 10.
Response to Arguments
Applicant's arguments filed 1/7/2026 have been fully considered but they are not persuasive.
Applicant is arguing that the reference fail to teach the limitation of “transmitting, by a session management function (SMF), an N4 request to a user plane function that includes an indication for the UPF to calculate a traffic pattern that includes at least one of a burst arrival time, a periodicity, or a traffic jitter ….” And suggest that 3GPP does not disclose N4 request directing the UPF to perform the traffic pattern calculation. Examiner disagree and would like to bring it to the attention of the applicant that during patent examination, the claims must be given their broadest reasonable interpretation. See MPEP 2111. Having said that it is well known in the art of communication that N4 interface is crucial for the UPF in 5G networks, facilitation communication between the UPF and the SMF and because of that the establishment of connection between the SMF and UPF is setup enabling the UPF to manage sessions. Therefore, without having an N4 request, SMF cannot transmit any request to UPF. Based on that interpretation, 3GPP teaches from Page 265 and Sec 5.27.2 Para 5, The SMF i.e., first network function derives TSCAI on a per QoS Flow basis i.e., indication relating to a stream of data and send it i.e., transmitting to 5G-AN i.e., 5G-AN has second network function i.e., UPF that includes an indication for the UPF to calculate a traffic pattern that includes at least one of a burst arrival time, a periodicity, or a traffic jitter (Page 266 and table 5.27.2-1 i.e., burst arrival time) relating to a stream of data (Page 265 and Sec 5.27.2 Para 2 and 5). Further, Yoon Youn teaches from Fig. 6b Step 15a and 15b that the SMF may start an N4 session Establishment procedure along with the UPF. The UPF may transmit an N4 Session Establishment/Modification Response message to the SMF i.e., transmitting, by a SMF an N4 request to the UPF. For at least the above reasons, applicant argument is not persuasive and the rejection is maintained.
Applicant is further arguing that transmitting, by a session management function (SMF), an N4 request to a user plane function that includes an indication for the UPF to calculate a traffic pattern that includes at least one of a burst arrival time, a periodicity, or a traffic jitter ….” And suggest that Wang does not disclose the claimed UPF performing the traffic pattern calculation. Examiner disagree and would like to bring it to the attention of the applicant that during patent examination, the claims must be given their broadest reasonable interpretation. See MPEP 2111. Further, examiner would like to bring it to the attention of the applicant that in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Having said that from Para 95 and 104 that the SMF device transmits i.e., transmitting. By a first network function the second port configuration parameter to the UPF device may include the SMF device transmitting a session modification request (N4 session modification request) i.e., a first message to the UPF device i.e., second network function, where the N4 session modification request includes a port management information container, and the port management information container carries the second port configuration parameter i.e., includes an indication relating to a stream of data) that includes indication for the UPF that includes one of a burst arrival time, a periodicity, or a traffic jitter (Table 1 and Para 32, A burst arrival time component used for indicating that the TSCAI is transmitted to the NG RAN is specified for a 5G clock. The SMF device is responsible for mapping the burst arrival time from a TSN clock (on which a TSN flow is based) to the 5G clock according to a time offset between the TSN clock and the 5G clock reported by the UPF device which can be refer to as UPF performing the traffic pattern calculation). If Applicant does not agree with examiner interpretation, then 3GPP disclose the missing part of Wang as explained above and for those reasons, applicant argument is not persuasive and for those reasons, the rejection is maintained.
Conclusion
Claim(s) 1, 3-11, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang Pub. No. US 20220030641 A1 in view of 3GPP TS 23.501 v16.5.0 Dated July 9th, 2020.
Regarding Claim 1, Wang teaches a method for data communication (Para 22, The 5G system may include a user equipment (UE) and various functional entity devices. The functional entity devices may include a user plane function (UPF) device i.e., the second network function, a next-generation (NG) radio access network (NG RAN) function device, an NG interface being an interface between a RAN and a 5G core network, an access and mobility management function (AMF) device, responsible for mobility management and connected to the UE and the NG RAN, a session management function (SMF) device i.e., first network function, responsible for session management and connected to the AMF device and the UPF device, a policy control function (PCF) device, responsible for policy control and connected to the SMF device), comprising:
transmitting, by SMF, an N4 request to UPF that includes an indication for the UPF (Para 95 and 104, the SMF device transmits i.e., transmitting. By a first network function the second port configuration parameter to the UPF device may include the SMF device transmitting a session modification request (N4 session modification request) i.e., a first message to the UPF device i.e., second network function, where the N4 session modification request includes a port management information container, and the port management information container carries the second port configuration parameter i.e., includes an indication relating to a stream of data) that includes indication for the UPF that includes one of a burst arrival time, a periodicity, or a traffic jitter (Table 1 and Para 32, A burst arrival time component used for indicating that the TSCAI is transmitted to the NG RAN is specified for a 5G clock. The SMF device is responsible for mapping the burst arrival time from a TSN clock (on which a TSN flow is based) to the 5G clock according to a time offset between the TSN clock and the 5G clock reported by the UPF device) and
receiving, by the SMF (Para 105, SMF device receiving), report from the UPF that includes the traffic pattern (Para 105, The SMF device receives a session establishment response (N4 session establishment response) transmitted by the UPF device i.e., second network function, the N4 session establishment response i.e., traffic pattern carrying the second port management parameter);
Wang does not specifically teach indication that indicates that the second network function calculate a traffic pattern;
calculating, by the SMF, time sensitive network (TSN) communication (TSC) assistance information (TSCAI) based on the calculated traffic pattern received in the report;
forwarding, by the SMF, the calculated TSCAI to a radio access node..
However, in the same field of endeavor, 3GPP disclose an indication that indicates that the second network function calculate a traffic pattern relating to a stream of data (Page 265 and Sec 5.27.2 Para 2 and 5, The TSN AF is responsible for obtaining PSFP (IEEE 802.1Q [98]) parameters and use them to calculate traffic pattern parameters (such as burst arrival time with reference to the ingress port, periodicity, and flow direction) and responsible of forwarding these parameters in TSC)
calculating, by the SMF, time sensitive network (TSN) communication (TSC) assistance information (TSCAI) based on the calculated traffic pattern received in the report (Page 266 Sec 5.27.2 TSC Assistance Information (TSCAI), The TSN AF is responsible for obtaining PSFP (IEEE 802.1Q [98]) parameters and use them to calculate traffic pattern parameters (such as burst arrival time with reference to the ingress port, periodicity, and flow direction i.e., calculating, by the SMF, time sensitive network (TSN) communication (TSC) assistance information (TSCAI) based on the calculated traffic pattern received in the report); and
forwarding, by the SMF, the calculated TSCAI to a radio access node (Page 266 Sec 5.27.2 TSC Assistance Information (TSCAI), The TSN AF is responsible for obtaining PSFP (IEEE 802.1Q [98]) parameters and use them to calculate traffic pattern parameters (such as burst arrival time with reference to the ingress port, periodicity, and flow direction) and responsible of forwarding these parameters in TSC i.e., forwarding, by the SMF, the calculated TSCAI to a radio access node).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Wang with the method of 3GPP so as to optimize and to allow more efficient scheduling in the 5G network (See 3GPP Sec. 5.27.2 Para 1 and Sec. 5.27.3 Para 1).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Content for TS 23.502 Dated April 2, 2011 Inside TS 23.502: SMF and UPF Interaction See specifically Sec 4.4.1.2 N4 Session Establishment procedure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAR N SIVJI whose telephone number is (571)270-7462. The examiner can normally be reached Monday-Friday 7-4.
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, Alison Slater can be reached at (571) 270-0375. 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.
NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647