DETAILED ACTION
This is in response to Applicant’s reply dated 11/21/25. Claims 1-20 have been examined.
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 . 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.
Claim Objections
Claim 1 is objected to because of the following informalities: the word “device” is missing from preamble due to a likely typographical error. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-11, 13-17, and 19-20 are is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Qureshi et al. (US 2019/0306898; hereafter Qureshi).
Regarding Claim 1 (Currently Amended),
A device, comprising: one or more processors configured to:
maintain information indicating policies associated with a gateway device that is communicatively coupled to a first network and to a second network [Qureshi: information indicating policies == instruction; first network == network 311; second network == network 312; 0070; in some cases, the UE may receive an instruction by a network or an end-user regarding which subscriber to use; for example, a network may send an indicator to the UE selecting a particular subscriber to use in carrying the IMS service; 0087; in some cases, the switching module 825 may receive an instruction by a network or an end-user regarding which subscriber to use; for example, a network may send an indicator to the apparatus 805 selecting a particular subscriber in carrying the IMS service; 0047; in some implementations, an IMS application on SUB2 302 may request SUB1 301 to open an IP socket addressed to the ePDG2 352; 0049; in another example, the network 312 and/or the IMS 360 may move or instruct SUB2 302 to access the IMS 360 either via the ePDG2 352 (corresponding to internal sharing on SUB1 301's internet resource) or via eNobdeB2 322 leading to PGW2 342 in the network 312];
receive a first request, sent by a User Equipment (“UE”) to the first network, to establish a first communication session [Qureshi: Fig. 3; 0045; the UE 305 may also conduct IMS services on SUB2 302 indirectly through the network 311 associated with SUB1 301; although SUB2 302 may not directly register with the network 311, an IMS application running on SUB2 302 may invoke internet connectivity provided by SUB1 301];
determine, based on one or more attributes of the first request and further based on the policies associated with the gateway device, that the requested first communication session should be established between the UE and the gateway device [Qureshi: 0045; as illustrated in the figure, the network 311 may setup a packet data connection (e.g., on an EPS bearer) linking UE 305 on SUB1 301 with eNodeB1 321, a serving gateway (SGW1 331), and a PDN gateway (PGW1 341) of the network 311, to a gateway (e.g., ePDG2 352) of the network 312; 0047; in some implementations, an IMS application on SUB2 302 may request SUB1 301 to open an IP socket addressed to the ePDG2 352; 0049; in another example, the network 312 and/or the IMS 360 may move or instruct SUB2 302 to access the IMS 360 either via the ePDG2 352 (corresponding to internal sharing on SUB1 301's internet resource) or via eNobdeB2 322 leading to PGW2 342 in the network 312];
establish the requested first communication session between the UE and the gateway device, wherein the UE outputs communications to the gateway device via the established first communication session, wherein the gateway device further forwards the communications received via the first communication session to an Internet Protocol (“IP”) Multimedia Subsystem (“IMS”) core of the second network [Qureshi: 0046; an IMS application on SUB2 302 may use the internet connectivity provided by SUB1 301 to exchange IMS data and signaling with a gateway (e.g., ePDG2 352) in the SUB2's network 312, which is in turn connected to the PGW2 342 reaching the IMS 360; the ePDG2 352 (e.g., an Evolved Packet Data Gateway described with reference to FIG. 2) may serve as the entry point for an external network (e.g., the network 311) to access the core (e.g., PGW2 342 in the EPC) of the network 312. The PGW1 341 may communicate with the ePDG2 352 over direct links or generally via the Internet 370 (which may involve one or more intermediary nodes)];
receive a second request, sent by the UE to the first network, to establish a second communication session; determine based on one or more attributes of the second request and further based on policies associated with the gateway device, that the requested second communication session should be established between the UE and the first network; and establish the requested second communication session between the UE and the first network [Qureshi: second communication session == connections or signaling sessions; Fig. 3; 0045; as illustrated in the figure, the network 311 may setup a packet data connection (e.g., on an EPS bearer) linking UE 305 on SUB1 301 with eNodeB1 321, a serving gateway (SGW1 331), and a PDN gateway (PGW1 341) of the network 311, to a gateway (e.g., ePDG2 352) of the network 312; 0047; in some implementations, an IMS application on SUB2 302 may request SUB1 301 to open an IP socket addressed to the ePDG2 352; 0049; in another example, the network 312 and/or the IMS 360 may move or instruct SUB2 302 to access the IMS 360 either via the ePDG2 352 (corresponding to internal sharing on SUB1 301's internet resource) or via eNobdeB2 322 leading to PGW2 342 in the network 312; 0060; SUB1 has an active data connection which may provide internet (or IP) connectivity; 0061; at block 620, SUB2 may determine whether it needs to access SUB1's internet for SUB2's IMS services; if so, at block 630, SUB2 may conduct the IMS services over SUB1's data connection, e.g., as described with reference to FIGS. 3, 4 and 5; 0068; SUB1 may offer the IP connectivity for a client or application. In some cases, SUB1 may be on a cellular service such as LTE that can provide internet connections; 0071; at step 720, the UE may obtain a packet data network connection based on the IP connectivity of SUB1, if the IP connectivity of SUB1 (or in short, SUB1) is to be used; some examples of such PDN connections are described with reference to FIG. 3; 0088; the IMS service module 840 may conduct various IMS services, such as IMS registration, IMS call, or other data or signaling sessions].
Note:
Multiple PDN connections or signaling sessions means multiple communication sessions.
Regarding Claim 2 (Currently Amended),
wherein the request is a first request and wherein the communication session is a first communication session,
wherein establishing the second communication session between the UE and the first network includes establishing the second communication session between the UE and a user plane element of the first network [Qureshi: 0045; in some cases, a default EPS bearer may be established to provide SUB1 301 with an “always-on” connectivity to a packet data network (e.g., the Internet 370); 0047; in some implementations, an IMS application on SUB2 302 may request SUB1 301 to open an IP socket addressed to the ePDG2 352; 0049; in another example, the network 312 and/or the IMS 360 may move or instruct SUB2 302 to access the IMS 360 either via the ePDG2 352 (corresponding to internal sharing on SUB1 301's internet resource) or via eNobdeB2 322 leading to PGW2 342 in the network 312; 0060; SUB1 has an active data connection which may provide internet (or IP) connectivity; 0061; at block 620, SUB2 may determine whether it needs to access SUB1's internet for SUB2's IMS services; if so, at block 630, SUB2 may conduct the IMS services over SUB1's data connection, e.g., as described with reference to FIGS. 3, 4 and 5; 0068; SUB1 may offer the IP connectivity for a client or application. In some cases, SUB1 may be on a cellular service such as LTE that can provide internet connections; 0071; at step 720, the UE may obtain a packet data network connection based on the IP connectivity of SUB1, if the IP connectivity of SUB1 (or in short, SUB1) is to be used; some examples of such PDN connections are described with reference to FIG. 3; 0088; the IMS service module 840 may conduct various IMS services, such as IMS registration, IMS call, or other data or signaling sessions].
Regarding Claim 3,
wherein the user plane element includes at least one of: a User Plane Function (“UPF”) of the first network, or a Packet Data Network (“PDN”) Gateway (“PGW”) of the first network [Qureshi: Fig. 3; 0045; as illustrated in the figure, the network 311 may setup a packet data connection (e.g., on an EPS bearer) linking UE 305 on SUB1 301 with eNodeB1 321, a serving gateway (SGW1 331), and a PDN gateway (PGW1 341) of the network 311, to a gateway (e.g., ePDG2 352) of the network 312; in some cases, a default EPS bearer may be established to provide SUB1 301 with an “always-on” connectivity to a packet data network (e.g., the Internet 370)].
Regarding Claim 4 (Currently Amended),
wherein the one or more attributes of the first request or the second request include at least one of: an indication of a particular protocol, a particular Quality of Service (“QoS”) identifier, or a set of QoS parameters [Qureshi: 0048; SUB2 302 may apply a tunneling protocol over its communications with ePDG2 352 via SUB1 301's network 311; for example, IMS packets between SUB2 302 and the ePDG2 352 can be encapsulated and encrypted by, e.g., IP Security Protocol (IPSec), while being transported across the network 311. Thus, a secure IP tunnel may be created to facilitate subscriber authentication and registration with the ePDG2 352 and the IMS 360. For example, SUB2 302 may authenticate with the ePDG2 352 using a credential associated with SUB2 302, even though data packets pass through the network 311 (e.g., via PGW1 341) associated with SUB1 301; 0014; in various aspects, a tunneling protocol may be applied on IP packets of the IMS service over the PDN connection, for example, when the gateway of the second network is an evolved packet data gateway].
Regarding Claim 6,
wherein the gateway device is communicatively coupled to at least one of: a User Plane Function (“UPF”) of the second network, or a Packet Data Network (“PDN”) Gateway (“PGW”) of the second network [Qureshi: 0046; An IMS application on SUB2 302 may use the internet connectivity provided by SUB1 301 to exchange IMS data and signaling with a gateway (e.g., ePDG2 352) in the SUB2's network 312, which is in turn connected to the PGW2 342 reaching the IMS 360].
Regarding Claim 7 (Currently Amended),
wherein the gateway device is communicatively coupled to the UPF or the PGW of the second network via one or more tunnels [Qureshi: 0046; An IMS application on SUB2 302 may use the internet connectivity provided by SUB1 301 to exchange IMS data and signaling with a gateway (e.g., ePDG2 352) in the SUB2's network 312, which is in turn connected to the PGW2 342 reaching the IMS 360; 0048; SUB2 302 may apply a tunneling protocol over its communications with ePDG2 352 via SUB1 301's network 311; for example, IMS packets between SUB2 302 and the ePDG2 352 can be encapsulated and encrypted by, e.g., IP Security Protocol (IPSec), while being transported across the network 311].
Regarding Claims 8-11 and 13-14, which recite the same claim limitations as those in claims 1-4 and 6-7 above, the same rationale of rejection as presented in claims 1-4 and 6-7 is applicable.
Regarding Claims 15-17 and 19-20, which recite the same claim limitations as those in claims 1-4 and 6-7 above, the same rationale of rejection as presented in claims 1-4 and 6-7 is applicable.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 5, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Qureshi in view of Foti et al. (WO 2019/111034; hereafter Foti) and further in view of Lim et al. (WO 2023/044025; hereafter Lim).
Regarding Claim 5,
Qureshi teaches that SUB2 302 may apply a tunneling protocol over its communications with ePDG2 352 via SUB1 301's network 311 [Qureshi: 0048].
However, Qureshi does not teach that the indication of the particular protocol includes an indication of a Session Initiation Protocol (“SIP”).
Foti teaches:
wherein when the one or more attributes include the indication of the particular protocol, the indication of the particular protocol includes an indication of a Session Initiation Protocol (“SIP”) [Foti: 0008; if the wireless device discovers that PDN connectivity of the IMS well-known APN had been lost, then the wireless device must attempt to re-establish the PDN connection. This will trigger the network to initiate a new NGBR bearer for SIP signalling in conjunction with the PDN connection establishment; 0068: IMS signaling flows are restricted to the default NGBR bearer previously established over 4G and the new PDU session will be used for QoS flows associated to established IMS sessions; traffic restrictions are enforced by filters whereby IMS signaling flows are mapped to the default NGBR bearer over 4G; since the user plane is common across 4G and 5G, the PGW-C/SMF 380’ manage the filters to the bearers on PGW-U of the PGW-U/UPF 370’ and to QoS flows on UPF of PGW-U/UPF 370], and
However, Qureshi-Foti does not teach that the particular QoS identifier includes at least one of: a 5G QoS Identifier (“5QI”) value, or a QoS Class Identifier (“QCI”) value.
Lim teaches:
wherein when the one or more attributes include the particular QoS identifier, the particular QoS identifier includes at least one of: a 5G QoS Identifier (“5QI”) value, or a QoS Class Identifier (“QCI”) value [Lim: p. 27 / lines 6-11; the PGW 532 may be coupled with a PCRF 534 via a Gx reference point; the PCRF 534 is the policy and charging control element of the LTE CN 522; the PCRF 534 may be communicatively coupled to the app/content server 538 to determine appropriate QoS and charging parameters for service flows; the PCRF 532 may provision associated rules into a PCEF (via Gx reference point) with appropriate TFT and QCI].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Qureshi, Foti, and Lim in order to allow control of simultaneous access to the DN over 4G and 5G [Foti: Abstract; 0011] and to reduce latency and load on the network [Lim: p. 29 / line 34].
Regarding Claim 12, which recites the same claim limitations as those in claim 5 above, the same rationale of rejection as presented in claim 5 is applicable.
Regarding Claim 18, which recites the same claim limitations as those in claim 5 above, the same rationale of rejection as presented in claim 5 is applicable.
Response to Arguments
Applicant's arguments filed 11/21/25 have been fully considered but they are not persuasive.
Applicant argues regarding claims 1, 8, and 15 on pages 11-12 of the Remarks section that Qureshi does not teach (a) policies associated with a gateway device that is communicatively coupled to a first and second network and (b) determining based on policies and attributes of a request to establish a communication session between the UE and the gateway device.
Examiner’s Response:
Qureshi teaches that in some implementations, an IMS application on SUB2 302 may request SUB1 301 to open an IP socket (mapping to attribute) addressed to the ePDG2 352 [Qureshi: 0047]. The network 312 and/or the IMS 360 may move or instruct SUB2 302 to access the IMS 360 either via the ePDG2 352 [Qureshi: 0049]. In another instance, the UE may receive an instruction by a network or an end-user regarding which subscriber to use; for example, a network may send an indicator to the UE selecting a particular subscriber to use in carrying the IMS service [Qureshi: 0070; also 0087]. These network instructions in Qureshi read on “information indicating policies associated with a gateway device”; moreover, these instructions are also used in Qureshi to “select a particular subscriber to use in carrying the IMS service”, thus reading on policies and attributes of a request to establish a communication session between the UE and the gateway device
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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SAAD A. WAQAS
Primary Examiner
Art Unit 2468
/Saad A. Waqas/Primary Examiner, Art Unit 2468
Prosecution Insights