DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Claims 1, 11, 13, 23, 25 have been amended. Claim 10 and 12 have been cancelled.
Response to Arguments
Applicant's arguments filed on February 4, 2026 have been fully considered but they are not persuasive.
The Applicant alleged that Watfa # 2 ‘979 does not disclose or suggest “starting a timer in response to entering the NAS idle mode having the at least one active PDN connection comprising LIPA connectivity; in response to the AS notification, sending a NAS Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic, wherein the UE sends the NAS message after the timer expires only if the first cell characteristic and the second cell characteristic are different.”
In response, the Examiner respectfully disagrees because the combination of Gomez, Hashimoto and Watfa #1 discloses and renders the applicant claim invention obvious. Moreover, it is suggested to applicant to argue the combination instead of attacking the references individually in an apparent effort to discredit the combination.
The Examiner further disagrees with the applicant’s arguments Watfa #2 does not disclose “a UE starting a timer in response to entering the NAS idle mode having at least one active PDN connection comprising LIPA connectivity” because Watfa #2 discloses starting a timer (section 0108-0131) for the UE in the idle state in relation to PDN connection and sending a NAS message after the expiration of the timer when the particular cell does support a service in cell. Watfa #2 further discloses multiple cells contrary to the applicant’s arguments. The Examiner respectfully submits what it is disclosed by Watfa #2 in combination with the other references is the functional equivalent of the claim invention.
In view of the above, the rejection is respectfully maintained.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5-9, 13-15, 17, 25 (Instant Application 18/211,457) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-6, 8-9, 10-12, 14-15, 19 of U.S. Patent No. 10,098,049 B2, claims 1-20 of U.S. Patent No. 10,187,911, claims 1-20 of U.S. Patent No. 10,743,366, claims 1-19 of U.S. Patent No. 9,271,316, claims 1-19 of U.S. Patent No 10,098,049 in view of Watfa #2 et al (US 2010/0297979 A1, IDS).
Instant Application 18/211,457
U.S. Patent No. 10,098,049
1 (Currently Amended). A method for use in a user equipment (UE) in idle mode and having at least one PDN connection comprising local internet protocol access (LIPA) connectivity or selected internet protocol traffic offload (SIPTO) connectivity at a first cell having a first cell characteristic, the method comprising; receiving an Access Stratum (AS) notification that the UE has moved into a second cell having a second cell characteristic; and in response to the AS notification, sending a Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic.
Main Difference: access stratum notification. The applicant merely broadens the scope of the instant claim by deleting claim elements “the first identifying characteristic stored at the mobility management node; and in response to the determining that the first NAS message is received with the second identifying characteristic of the second network element different from the first identifying characteristic: determining that the UE has only one or more selected IP traffic offload (SIPTO) PDN connections; in response to determining that the UE has only one or more SIPTO PDN connections, sending, by the mobility management node, a second NAS message including a cause code with a value that represents “No EPS Bearer Context Activated”.
With respect to the access stratum notification, the remaining elements in the patented claim performs the same function.
1. A method in a core network communicatively connected with a first radio access network (RAN) comprising a first network element, and a second RAN comprising a second network element, comprising: receiving, by a mobility management node in the core network, a first Non Access Stratum (NAS) message via the second network element from a User Equipment (UE), wherein the UE has, with the first network element, one or more packet data network (PDN) connections; detecting, by the mobility management node, that the UE is connected to the second network element that is different from the first network element that has a first identifying characteristic, wherein the detecting comprises determining that the first NAS message is received with a second identifying characteristic of the second network element different from the first identifying characteristic associated with the one or more PDN connections, the first identifying characteristic stored at the mobility management node; and in response to the determining that the first NAS message is received with the second identifying characteristic of the second network element different from the first identifying characteristic: determining that the UE has only one or more selected IP traffic offload (SIPTO) PDN connections; in response to determining that the UE has only one or more SIPTO PDN connections, sending, by the mobility management node, a second NAS message including a cause code with a value that represents “No EPS Bearer Context Activated”.
2. The method of claim 1, wherein each of the first and second cell characteristics comprises a closed subscriber group (CSG) ID, a cell id, or a Radio Access Technology (RAT) type.
3. The method of claim 1, wherein the first and second identifying characteristics comprise first and second Radio Access Technology (RAT) types.
3. The method of claim 2, further comprising determining, by the UE, whether LIPA continuity is provided in the second cell based on: the CSG ID of the first cell being different from the CSG ID of the second cell, the second cell being a non-CSG cell or not having a CSG ID, or the UE moving to a different CSG cell with the same CSG ID of the first cell.
See, claim 1 above and 2. The method of claim 1, wherein the first and second identifying characteristics comprise first and second closed subscriber group (CSG) identities.
5. The method of claim 1, wherein sending the NAS message comprises: sending a TRACKING AREA UPDATE REQUEST message if the UE has at least one LIPA PDN connection and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from a CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
5. The method of claim 1, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
6. The method of claim 1, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
6. The method of claim 1, wherein sending the NAS message comprises: sending a PDN DISCONNECT REQ UEST message if the UE has at least two PDN connections and at least one PDN connection that is not a LIPA PDN connection and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from the CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
5. The method of claim 1, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
6. The method of claim 1, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
7. The method of claim 1, wherein sending the NAS messages comprises: sending a DETACH RESPONSE message in response to a DETACH REQUEST message if the U E has only LIPA PDN connections and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from the CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
8. The method of claim 1, where the second identifying characteristic indicates that there is no service continuity for a SIPTO PDN connection at a cell in the second RAN.
9. The method of claim 8, where when the second identifying characteristic indicates that there is no service continuity for the SIPTO PDN connection at the cell in the second RAN when the cell in the second RAN is a CSG cell having a second CSG identity that is different from a first CSG identity associated with a cell in the first RAN, or (2) that the cell in the second RAN does not have an associated CSG identity.
8. The method of claim 1, wherein sending the NAS message comprises: sending a Tracking Area Update Request message or a PDN DISCONNECT REQUEST message if the UE is communicating with an Evolved Packet System (EPS) system and the first cell characteristic does not match the second cell characteristic.
5. The method of claim 1, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
6. The method of claim 1, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
9. The method of claim 1, wherein sending the NAS message comprises: sending a Routing Area Update Request message or PDP Context Disconnect Request message if the UE is communicating with General Packet Radio Service (GPRS) system and the first cell characteristic does not match the second cell characteristic.
5. The method of claim 1, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
6. The method of claim 1, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
13 (Currently Amended). A user equipment (UE) comprising: at least one processor, wherein, while the UE is in an idle mode and has at least one PDN connection comprising local internet protocol access (LIPA) connectivity or selected internet protocol traffic offload (SIPTO) connectivity at a first cell having a first cell characteristic, the at least one processor is configured to: receive an Access Stratum (AS) notification that the UE has moved into a second cell having a second cell characteristic; and in response to the AS notification, send a Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic.
Main Difference: access stratum notification. The applicant merely broadens the scope of the instant claim by deleting claim elements “the first identifying characteristic stored at the mobility management node; and in response to the determining that the first NAS message is received with the second identifying characteristic of the second network element different from the first identifying characteristic: determining that the UE has only one or more selected IP traffic offload (SIPTO) PDN connections; in response to determining that the UE has only one or more SIPTO PDN connections, sending, by the mobility management node, a second NAS message including a cause code with a value that represents “No EPS Bearer Context Activated”.
With respect to the access stratum notification, the remaining elements in the patented claim performs the same function.
10. A mobility management node for use in a core network communicatively connected with a first radio access network (RAN) comprising a first network element, and a second RAN comprising a second network element, the mobility management node comprising: at least one processor configured to: receive a first Non Access Stratum (NAS) message via the second network element from a User Equipment (UE), wherein the UE has, with the first network element, one or more packet data network (PDN) connections; detect that the UE is connected to the second network element that is different from the first network element that has a first identifying characteristic, wherein the detecting comprises determining that the first NAS message is received with a second identifying characteristic of the second network element different from the first identifying characteristic associated with the one or more PDN connections, the first identifying characteristic stored at the mobility management node; and in response to the determining that the first NAS message is received with the second identifying characteristic of the second network element different from the first identifying characteristic: determine that the UE has only one or more selected IP traffic offload (SIPTO) PDN connections; in response to determining that the UE has only one or more SIPTO PDN connections, send a second NAS message including a cause code with a value that represents “No EPS Bearer Context Activated”.
14. The UE of claim 13, wherein each of the first and second cell characteristics comprises a closed subscriber group (CSG) ID, a cell id, or a Radio Access Technology (RAT) type.
12. The mobility management node of claim 10, wherein the first and second identifying characteristics comprise first and second Radio Access Technology (RAT) types.
15. The UE of claim 14, the at least one processor is configured to determine whether LIPA continuity is provided in the second cell based on: the CSG ID of the first cell being different from the CSG ID of the second cell, the second cell being a non-CSG cell or not having a CSG ID, or the UE moving to a different CSG cell with the same CSG ID of the first cell.
See, claim 1 0, 11. The mobility management node of claim 10, wherein the first and second identifying characteristics comprise first and second closed subscriber group (CSG) identities.
17. The UE of claim 13, wherein sending the NAS message comprises: sending a TRACKING AREA UPDATE REQUEST message if the UE has at least one LIPA PDN connection and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from a CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
14. The mobility management node of claim 10, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
15. The mobility management node of claim 10, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
20. The UE of claim 13, wherein sending the NAS message comprises: sending a Tracking Area Update Request message or a PDN DISCONNECT REQUEST message if the UE is communicating with an Evolved Packet System (EPS) system and the first cell characteristic does not match the second cell characteristic.
14. The mobility management node of claim 10, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
15. The mobility management node of claim 10, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
21. The UE of claim 13, wherein sending the NAS message comprises: sending a Routing Area Update Request message or PDP Context Disconnect Request message if the UE is communicating with General Packet Radio Service (GPRS) system and the first cell characteristic does not match the second cell characteristic.
14. The mobility management node of claim 10, wherein the first NAS message comprises a TRACKING AREA UPDATE REQUEST message, and the second NAS message comprises a TRACKING AREA UPDATE REJECT message.
15. The mobility management node of claim 10, wherein the first NAS message comprises a SERVICE REQUEST message, and the second NAS message comprises a SERVICE REJECT message.
25 (Currently Amended). A non-transitory storage medium storing instructions that upon execution cause a user equipment (UE), while the UE is in an idle mode and has at least one PDN connection comprising local internet protocol access (LIPA) connectivity or selected internet protocol traffic offload (SIPTO) connectivity at a first cell having a first cell characteristic, to: receive an Access Stratum (AS) notification that the UE has moved into a second cell having a second cell characteristic; and in response to the AS notification, send a Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic.
Main Difference: access stratum notification. The applicant merely broadens the scope of the instant claim by deleting claim elements “the first identifying characteristic stored at the mobility management node; and in response to the determining that the first NAS message is received with the second identifying characteristic of the second network element different from the first identifying characteristic: determining that the UE has only one or more selected IP traffic offload (SIPTO) PDN connections; in response to determining that the UE has only one or more SIPTO PDN connections, sending, by the mobility management node, a second NAS message including a cause code with a value that represents “No EPS Bearer Context Activated”.
With respect to the access stratum notification, the remaining elements in the patented claim performs the same function.
19. A non-transitory storage medium storing instructions that upon execution cause a mobility management node in a core network communicatively connected with a first radio access network (RAN) comprising a first network element and a second RAN comprising a second network element, to: receive a first Non Access Stratum (NAS) message via the second network element from a User Equipment (UE), wherein the UE has, with the first network element, one or more packet data network (PDN) connections; detect that the UE is connected to the second network element that is different from the first network element that has a first identifying characteristic, wherein the detecting comprises determining that the first NAS message is received with a second identifying characteristic of the second network element different from the first identifying characteristic associated with the one or more PDN connections, the first identifying characteristic stored at the mobility management node; and in response to the determining that the first NAS message is received with the second identifying characteristic of the second network element different from the first identifying characteristic: determine that the UE has only one or more selected IP traffic offload (SIPTO) PDN connections; in response to determining that the UE has only one or more SIPTO PDN connections, send a second NAS message including a cause code with a value that represents “No EPS Bearer Context Activated”.
Regarding claims 1, 13, 25, the claims of the cited patents disclose obvious variants of the pending claims but fail to explicitly recite: tarting a timer in response to entering the NAS idle mode having the at least one active PDN connection comprising LIPA connectivity; in response to the AS notification, sending a NAS Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic, wherein the UE sends the NAS message after the timer expires only if the first cell characteristic and the second cell characteristic are different.
However, Watfa #2 '979 from a similar field of endeavor discloses: Regarding claims 10, 22, the method of claim 1, further comprising starting a timer when the UE enters NAS idle mode having at least one active LIPA PDN connection (section 0108-0131, discloses starting the timer in idle mode with respect to NAS and PDN connection),, wherein the UE sends the NAS message after the timer expires only if the first cell characteristic and the second cell characteristic are different (noted: the above sections discloses the UE /WTRU sending of NAS message after the timer expiration when one a particular cell does not support emergency services and the WTRU attempts to place a call in new cell, section 0108-0131).
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the technique of sending NAS upon expiration of a timer with regarding to processing emergency calls as taught by Watfa '979 into the claims of the cited patents to arrive at the claim invention. The motivation would have been to provide inter-system change without a PS handover and minimization of emergency call setup delays (section 0013-0014).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
12. Claims 1-2, 4, 9, 13-14, 16, 23, 25 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over in view of Gomes et al (US 2011/0171915 A1, Provisional Application 61/293,562, filed on Jan 8, 2010, IDS) in view of Hashimoto et al (US 7,738,922 B2, IDS) and further view of Watfa #2 et al (US 2010/0297979 A1, IDS).
Regarding claim 1 (Currently Amended), Gomes ‘915 discloses a method for use in a user equipment (UE) (fig. 3, UE 302a to fig. 3B, UE 302 that includes processor 318 connected to transceiver 320, see, autonomous search for neighboring cells, section 0013 ) in Non Access Stratum (NAS) idle mode and having at least one active packet data network (PDN) connection comprising local internet protocol access (LIPA) connectivity or selected internet protocol traffic offload (SIPTO) connectivity at a first cell having a first cell characteristic (see, SIPTO/LIAP based services via routing area update, section 0088, noted: the CSG of the source cell maybe different from that of the target cell, section 0109), the method comprising; receiving an Access Stratum (AS) notification (see, notifying the UE when the UE/WTRU enters area, section 0088) that the UE has moved (see, the MME determine status when the UE has moved to a target cell, section 0014, 0028-discloses the UE receiving, noted: the message/indication is RRC configured which maybe the access stratum, section 0124) into a second cell having a second cell characteristic (see, while in the idle mode, the UE may send indication in relation to cell reselection to a target cell, section 0109, noted: the message/indication is RRC configured which maybe the access stratum , 0124); and in response to the AS notification, sending a NAS message based on the second cell characteristic being different from a first cell characteristic (0120-0121, 0122, 0134, 0150-0159-implicitly discloses sending a NAS message , section 0014, 0088).
Gomez ‘915 discloses all the claim limitations as set forth above but fails to explicitly teach: receive an Access Stratum (AS) notification that the UE has moved into a second cell having a second cell characteristic; and send, a NAS message based on the second cell characteristic being different from the first cell characteristic.
However, Hashimoto ‘922 from a similar field of endeavor discloses: receiving, by the UE an Access Stratum (AS) notification (see, the terminal receiving location area update, it receives broadcast message and generates location update to the network, abstract, col. 24, line 44-57) that the UE has moved into a second cell having a second cell characteristic (see, detection of the terminal moves to location area 2/prohibited cell that is different from the allowed cell, fig. 62, col.11, line 24-59); and in response to the AS notification, send, a NAS message based on the second cell characteristic being different from the first cell characteristic (noted: NAS/RRC signaling, col. 2, line 31-54,see, the terminal sending location area update when it moves from LA1 to LA2 (i.e. different cells) to the network, col. 18, line 50-63, col. 17, line 19-30, col. 24, line 44-57, col. 27, line 5-55).
In view of the above, it would have been obvious to one ordinary skill in the art at the time that the invention was made to implement the broadcast information/location update request/response when the UE moves of one cell to another cells as taught by Hashimoto ‘922 into the method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes ‘915 by encapsulated the status messages in to RRC and NAS messages. The motivation would have been to provide access control as suggested in col. 2, line 58-67.
The combination of Gomes ‘915 and Hashimoto ‘922 discloses all the claim limitations but fails to explicitly disclose: starting a timer in response to entering the NAS idle mode having the at least one active PDN connection comprising LIPA connectivity; in response to the AS notification, sending a NAS Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic, wherein the UE sends the NAS message after the timer expires only if the first cell characteristic and the second cell characteristic are different.
However, Watfa #2 '979 from a similar field of endeavor discloses: Regarding claims 10, 22, the method of claim 1, further comprising starting a timer when the UE enters NAS idle mode having at least one active LIPA PDN connection (section 0108-0131, discloses starting the timer in idle mode with respect to NAS and PDN connection),, wherein the UE sends the NAS message after the timer expires only if the first cell characteristic and the second cell characteristic are different (noted: the above sections discloses the UE /WTRU sending of NAS message after the timer expiration when one a particular cell does not support emergency services and the WTRU attempts to place a call in new cell, section 0108-0131).
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the technique of sending NAS upon expiration of a timer with regarding to processing emergency calls as taught by Watfa '979 into the method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915. The motivation would have been to provide inter-system change without a PS handover and minimization of emergency call setup delays (section 0013-0014).
Regarding claim 2, Gomes ‘915 discloses the method of claim 1, where each of the first and second cell characteristics (see, SIPTO/LIAP based services via routing area update, section 0088) comprises a closed subscriber group (CSG) ID, a cell id, or a Radio Access Technology (RAT) type (noted: cell reselection based upon the CSG of the source cell and the CSG of the target cell where the CSG of the target cell and the source cell may differ, section 0107-0109).
Regarding claim 4, Gomes ‘915 discloses the method of claim 1, where the UE comprises a Non-Access Stratum (NAS) layer (fig. 3A, fig. 3B, fig. 5 implicit discloses the UE/WTRU that includes NAS layer by virtue of having the means to send message based on the NAS, section 0124), an Access Stratum (AS) layer (section 0124-discloses the UE/WTRU that has the Access Stratum layer means), and an application layer (fig. 3A, fig. 3B, fig. 5, discloses the UE/WTRU that comprises application integrated circuit, section 0175-0176, 0176-0177).
Regarding claim 13 (Currently Amended), Gomez ‘915 discloses a user equipment (UE) (fig. 3, UE 302a to fig. 3B, UE 302 that includes processor 318 connected to transceiver 320, see, autonomous search for neighboring cells, section 0013 ) comprising: at least one processor to (fig. 3B, UE 302 that includes processor 318 connected to transceiver 320, section 0043-0051), wherein, while the UE is in a Non-Access Stratum (NAS) idle mode (see, the UE while in the idle mode performs cell selection , section 0072, 0078) and having at least one active packet date network (PDN) connection comprising local internet protocol access (LIPA) connectivity or selected internet protocol traffic offload (SIPTO) connectivity at a first cell having a first cell characteristic (see, SIPTO/LIPA based services via routing area update, section 0088, noted: the CSG of the source cell maybe different from that of the target cell, section 0109), the at least processor is configured to: receive (see, notifying the UE when the UE/WTRU enters area, section 0088) an [[Access Stratum (AS)]] notification that the UE has moved (see, the MME determine status when the UE has moved to a target cell, section 0014, 0028-discloses the UE receiving, noted: the message/indication is RRC configured which maybe the access stratum , section 0124) into a second cell having a second characteristic (see, while in the idle mode, the UE may send indication in relation to cell reselection to a target cell, section 0109, noted: the message/indication is RRC configured which maybe the access stratum , 0124); and in response to the AS notification, send a Non Access Stratum (NAS) message (0120-0121, 0122, 0134, 0150-0159-implicitly discloses sending a NAS message , section 0014, 0088).
Gomez ‘915 discloses all the claim limitations as set forth above but fails to explicitly teach: receive an Access Stratum (AS) notification that the UE has moved into a second cell having a second cell characteristic; and send, a Non Access Stratum (NAS) message based on the second cell characteristic being different from the first cell characteristic.
However, Hashimoto ‘922 from a similar field of endeavor discloses: receiving an Access Stratum (AS) notification (see, the terminal receiving location area update, it receives broadcast message and generates location update to the network, abstract, col. 24, line 44-57) that the UE has moved into a second cell having a second cell characteristic (see, detection of the terminal moves to location area 2/prohibited cell that is different from the allowed cell, fig. 62, col.11, line 24-59); and in response to the AS notification, send, a Non Access Stratum (NAS) message based on the second cell characteristic being different from the first cell characteristic (noted: NAS/RRC signaling, col. 2, line 31-54, see, the terminal sending location area update when it moves from LA1 to LA2 (i.e. different cells) to the network, col. 18, line 50-63, col. 17, line 19-30, col. 24, line 44-57, col. 27, line 5-55).
In view of the above, it would have been obvious to one ordinary skill in the art at the time that the invention was made to implement the broadcast information/location update request/response when the UE moves of one cell to another cells as taught by Hashimoto ‘922 into the method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes ‘915 by encapsulated the status messages in to RRC and NAS messages. The motivation would have been to provide access control as suggested in col. 2, line 58-67.
The combination of Gomes ‘915 and Hashimoto ‘922 discloses all the claim limitations but fails to explicitly disclose: start a timer in response to entering the NAS idle mode having the at least one active PDN connection comprising LIPA connectivity; in response to the AS notification, sending a NAS Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic, wherein the NAS message is sent after the timer expires only if the first cell characteristic and the second cell characteristic are different.
However, Watfa #2 '979 from a similar field of endeavor discloses: Regarding claims 10, 22, the method of claim 1, further comprising start a timer when the UE enters NAS idle mode having at least one active LIPA PDN connection (section 0108-0131, discloses starting the timer in idle mode with respect to NAS and PDN connection),, wherein the NAS message is sent after the timer expires only if the first cell characteristic and the second cell characteristic are different (noted: the above sections discloses the UE /WTRU sending of NAS message after the timer expiration when one a particular cell does not support emergency services and the WTRU attempts to place a call in new cell).
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the technique of sending NAS upon expiration of a timer with regarding to processing emergency calls as taught by Watfa '979 into the method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915. The motivation would have been to provide inter-system change without a PS handover and minimization of emergency call setup delays (section 0013-0014).
Regarding claim 14 (New), Gomez ‘915 as modified by Hashimoto ‘922 discloses the UE (fig. 3, UE 302a to fig. 3B, UE 302 that includes processor 318 connected to transceiver 320 for performing autonomous cell search, section 0013), where each of the first and second cell characteristics (see, SIPTO/LIAP based services via routing area update, section 0088) comprises a closed subscriber group (CSG) ID, a cell id, or a Radio Access Technology (RAT) type (noted: cell reselection based upon the CSG of the source cell and the CSG of the target cell where the CSG of the target cell and the source cell may differ, section 0107-0109).
Regarding claim 16 (New), Gomez ‘915 as modified by Hashimoto ‘922 discloses the UE (fig. 3, UE 302a to fig. 3B, UE 302 that includes processor 318 connected to transceiver 320 for performing autonomous cell search, section 0013) where the UE comprises a Non-Access Stratum (NAS) layer (fig. 3A, fig. 3B, fig. 5 implicit discloses the UE/WTRU that includes NAS layer by virtue of having the means to send message based on the NAS, section 0124), an Access Stratum (AS) layer (section 0124-discloses the UE/WTRU that has the Access Stratum layer means), and an application layer (fig. 3A, fig. 3B, fig. 5, discloses the UE/WTRU that comprises application integrated circuit, section 0175-0176, 0176-0177).
Regarding claim 25 (Currently Amended), Gomez ‘915 discloses a non-transitory storage medium storing instructions that upon execution (fig. 3B, WTRU which includes memory 306/3032 coupled to a processor 318, section 0043-0051, computer-readable storage medium/computer program executed by the processor to be implemented in a UE/WTRU, section 0175-0176) cause a user equipment (UE) (fig. 3, UE 302a to fig. 3B, UE 302 that includes processor 318 connected to transceiver 320, see, autonomous search for neighboring cells, section 0013 ), wherein, while the UE is in a Non-Access Stratum (NAS) idle mode (see, the UE while in the idle mode performs cell selection , section 0072, 0078) and having at least one active packet data network (PDN) connection comprising local internet protocol access (LIPA) connectivity or selected internet protocol traffic offload (SIPTO) connectivity at a first cell having a first cell characteristic (see, SIPTO/LIPA based services via routing area update, section 0088, noted: the CSG of the source cell maybe different from that of the target cell, section 0109), the at least processor is configured to: receive (see, notifying the UE when the UE/WTRU enters area, section 0088) an [[Access Stratum (AS)]] notification that the UE has moved (see, the MME determine status when the UE has moved to a target cell, section 0014, 0028-discloses the UE receiving, noted: the message/indication is RRC configured which maybe the access stratum , section 0124) into a second cell having a second characteristic (see, while in the idle mode, the UE may send indication in relation to cell reselection to a target cell, section 0109, noted: the message/indication is RRC configured which maybe the access stratum , 0124); and in response to the AS notification, send a Non Access Stratum (NAS) message (0120-0121, 0122, 0134, 0150-0159-implicitly discloses sending a NAS message , section 0014, 0088).
Gomez ‘915 discloses all the claim limitations as set forth above but fails to explicitly teach: receive an Access Stratum (AS) notification that the UE has moved into a second cell having a second cell characteristic; and send, a Non Access Stratum (NAS) message based on the second cell characteristic being different from the first cell characteristic.
However, Hashimoto ‘922 from a similar field of endeavor discloses: receiving an Access Stratum (AS) notification (see, the terminal receiving location area update, it receives broadcast message and generates location update to the network, abstract, col. 24, line 44-57) that the UE has moved into a second cell having a second cell characteristic (see, detection of the terminal moves to location area 2/prohibited cell that is different from the allowed cell, fig. 62, col.11, line 24-59); and in response to the AS notification, send, a Non Access Stratum (NAS) message based on the second cell characteristic being different from the first cell characteristic (noted: NAS/RRC signaling, col. 2, line 31-54,see, the terminal sending location area update when it moves from LA1 to LA2 (i.e. different cells) to the network, col. 18, line 50-63, col. 17, line 19-30, col. 24, line 44-57, col. 27, line 5-55).
In view of the above, it would have been obvious to one ordinary skill in the art at the time that the invention was made to implement the broadcast information/location update request/response when the UE moves of one cell to another cells as taught by Hashimoto ‘922 into the method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes ‘915 by encapsulated the status messages in to RRC and NAS messages. The motivation would have been to provide access control as suggested in col. 2, line 58-67.
The combination of Gomes ‘915 and Hashimoto ‘922 discloses all the claim limitations but fails to explicitly disclose: start a timer in response to entering the NAS idle mode having the at least one active PDN connection comprising LIPA connectivity; in response to the AS notification, sending a NAS Non Access Stratum (NAS) message based on the second cell characteristic being different from a first cell characteristic, wherein the NAS message is sent after the timer expires only if the first cell characteristic and the second cell characteristic are different.
However, Watfa #2 '979 from a similar field of endeavor discloses: Regarding claims 10, 22, the method of claim 1, further comprising start a timer when the UE enters NAS idle mode having at least one active LIPA PDN connection (section 0108-0131, discloses starting the timer in idle mode with respect to NAS and PDN connection),, wherein the NAS message is sent after the timer expires only if the first cell characteristic and the second cell characteristic are different (noted: the above sections discloses the UE /WTRU sending of NAS message after the timer expiration when one a particular cell does not support emergency services and the WTRU attempts to place a call in new cell).
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the technique of sending NAS upon expiration of a timer with regarding to processing emergency calls as taught by Watfa '979 into the method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915. The motivation would have been to provide inter-system change without a PS handover and minimization of emergency call setup delays (section 0013-0014).
The combination of Gomes ‘915 and Hashimoto ‘922 discloses handover based upon CSG of the source and the target cell including sending NAS message and RRC configurations in the above rejection but fails to explicitly teach:
Regarding claims 11, 23 (Currently Amended), the method of claim 1, further comprising starting a timer when the UE receives the AS notification that the UE has moved into the second cell that is (1) a CSG cell having a CSG identity that is different from a CSG identity of the first cell, or (2) not a CSG cell.
However, Watfa #2 ‘979 from a similar field of endeavor discloses: Regarding claims 11, 23 (Currently Amended), the method of claim 1, further comprising starting the timer when the UE receives the Access Stratum (AS) notification that the UE has moved into the second cell (see, handover from PS RAT to CS RAT,0088, 0108, section 0111-0112, 0119, 0121-NAS) that is (1) a CSG cell having a CSG identity that is different from a CSG identity of the first cell, or (2) not a CSG cell (section 0150-disclsoes expiration for CSG and the WTRU sending service request in response).
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the technique of sending NAS upon expiration of a timer with regarding to processing emergency calls as taught by Watfa '979 into the combined method and system for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915 and Hashimoto ‘922. The motivation would have been to provide inter-system change without a PS handover and minimization of emergency call setup delays (section 0013-0014).
13. Claims 3, 5-9, 15, 17-21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gomes et al (US 2011/0171915 A1, Provisional Application 61/293,562, filed on Jan 8, 2010, IDS) in view of Hashimoto et al (US 7,738,922 B2, IDS) and further in view of Watfa #2 et al (US 2010/0297979 A1, IDS) as applied to claim 1, 13 above, and further view of Watfa #1 et al (US 2011/0170469 A1, IDS).
The combination of Gomes ‘915, Hashimoto ‘922 and Watfa #2 ‘979 discloses handover based upon CSG of the source and the target cell including sending NAS message and RRC configurations in the above rejection but fails to explicitly teach:
Regarding claims 3, 15, the method of claim 2, further comprising determining, by the UE, whether LIPA continuity is provided in the second cell based on: the CSG ID of the first cell being different from the CSG ID of the second cell, the second cell being a non-CSG cell or not having a CSG ID, or the UE moving to a different CSG cell with the same CSG ID of the first cell.
Regarding claims 5, 17, the method of claim 1, wherein sending the NAS message comprises: sending a TRACKING AREA UPDATE REQUEST message if the UE has at least one LIPA PDN connection and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from a CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
Regarding claims 6, 18, the method of claim 1, wherein sending the NAS message comprises: sending a PDN DISCONNECT REQ UEST message if the UE has at least two PDN connections and at least one PDN connection that is not a LIPA PDN connection and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from the CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
Regarding claims 7, 19, the method of claim 1, wherein sending the NAS messages comprises: sending a DETACH RESPONSE message in response to a DETACH REQUEST message if the U E has only LIPA PDN connections and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from the CSG identity of the first cell, or (2) that the second cell is not a CSG cell.
Regarding claims 8, 20, the method of claim 1, wherein sending the NAS message comprises: sending a Tracking Area Update Request message or a PDN DISCONNECT REQUEST message if the UE is communicating with an Evolved Packet System (EPS) system and the first cell characteristic does not match the second cell characteristic.
Regarding claims 9, 21, the method of claim 1, wherein sending the NAS message comprises: sending a Routing Area Update Request message or PDP Context Disconnect Request message if the UE is communicating with General Packet Radio Service (GPRS) system and the first cell characteristic does not match the second cell characteristic.
However, Watfa’469 from a similar field of endeavor discloses: Regarding claim 3, the method of claim 2, further comprising determining, by the UE, whether LIPA continuity is provided in the second cell based on: the CSG ID of the first cell being different from the CSG ID of the second cell (see, PDN disconnection request based upon difference between a CSG cell and target cell which LIPA service is not provided (i.e. CSG mismatch), section 0062, 0068-0069), the second cell being a non-CSG cell or not having a CSG ID (see, PDN disconnection request based upon difference between a CSG cell and target cell which LIPA service is not provided (i.e. CSG mismatch), section 0062, 0068-0069), or the UE moving to a different CSG cell with the same CSG ID of the first cell.
Regarding claims 5, 17, the method of claim 1, wherein sending the NAS message comprises: sending a TRACKING AREA UPDATE REQUEST message if the UE has at least one LIPA PDN connection (see, tracking or routing area update procedure with respect to LAIPA/SIPTO activated, section 0076, 0078, noted: TAU or RAU request or and responses, section 0069, 0073) and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from a CSG identity of the first cell (see, PDN disconnection request based upon difference between a CSG cell and target cell which LIPA service is not provided (i.e. CSG mismatch), section 0062, 0068-0069), or (2) that the second cell is not a CSG cell.
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the disconnection request of PDN based upon whether services provided in the serving and the target cell (i.e. CSG, CSG expiration) as taught by Watfa #2 ‘469 into the combined system and method for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915 and Hashimoto ‘922. The motivation would have been to provide SIPTO or LIPA services (section 0004).
Regarding claims 6, 18, the method of claim 1, wherein sending the NAS message comprises: sending a PDN DISCONNECT REQ UEST message if the UE has at least two PDN connections and at least one PDN connection that is not a LIPA PDN connection and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from the CSG identity of the first cell (see, PDN disconnection request based upon difference between a CSG cell and target cell which LIPA service is not provided (i.e. CSG mismatch), section 0062, 0068-0069), or (2) that the second cell is not a CSG cell.
Regarding claims 7, 19, the method of claim 1, wherein sending the NAS messages comprises: sending a DETACH RESPONSE message in response to a DETACH REQUEST message if the U E has only LIPA PDN connections and the AS notification indicates (1) that the second cell is a CSG cell having a CSG identity that is different from the CSG identity of the first cell (see, PDN disconnection request based upon difference between a CSG cell and target cell which LIPA service is not provided (i.e. CSG mismatch), section 0062, 0068-0069), or (2) that the second cell is not a CSG cell.
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the disconnection request of PDN based upon whether services provided in the serving and the target cell (i.e. CSG, CSG expiration) as taught by Watfa #1 ‘469 into the combined system and method for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915, Hashimoto ‘922 and Watfa #2 ‘979. The motivation would have been to provide SIPTO or LIPA services (section 0004).
Regarding claims 8, 20, Gomes '915 as modified by Hashimoto ‘922 and Watfa #2 ‘469 discloses the method of claim 1, wherein sending the NAS message comprises: sending a Tracking Area Update Request message (Gomes, see, the MME determine status when the UE has moved to a target cell, section 0014, 0028-discloses the UE receiving, noted: the message/indication is RRC configured which maybe the access stratum , section 0124) or a PDN DISCONNECT REQUEST message if the UE is communicating with an Evolved Packet System (EPS) system and the first cell characteristic does not match the second cell characteristic (see, tracking or routing area update procedure with respect to LAIPA/SIPTO activated, and disconnection of the PDN, section 0059, 0061, 0068-0069, 0073, 0076, 0078, 0056 and 0058-the WTRU performs inter-system change or packet switch (PS) handover from one network to another, deactivating of PDN connections).
Regarding claims 9, 21, Gomes '915 as modified by Hashimoto ‘922 and Watfa #2 ‘469 discloses the method of claim 1, wherein sending the NAS message comprises: sending a Routing Area Update Request message or PDP Context Disconnect Request message (see, tracking or routing area update procedure with respect to LAIPA/SIPTO activated, and disconnection of the PDN, section 0059, 0061, 0068-0069, 0073, 0076, 0078). if the UE is communicating with General Packet Radio Service (GPRS) system and the first cell characteristic does not match the second cell characteristic (Gomes, see, the MME determine status when the UE has moved to a target cell, section 0014, 0028-discloses the UE receiving, noted: the message/indication is RRC configured which maybe the access stratum, section 0124).
In view of the above, it would have been obvious to one of ordinary skill in the art at the time that the invention was made to implement the disconnection request of PDN based upon whether services provided in the serving and the target cell (i.e. CSG, CSG expiration) as taught by Watfa #1 ‘469 into the combined system and method for providing autonomous search of CSG Ids based upon NAS configuration of Gomes '915, Hashimoto ‘922 and Watfa #2 ‘979. The motivation would have been to provide SIPTO or LIPA services (section 0004).
Conclusion
14. 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.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm M-F.
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, Kwang B Yao can be reached at 571 272-3182. 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.
/CANDAL ELPENORD/Primary Examiner, Art Unit 2473
Prosecution Insights