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 .
Response to Amendment
This office action is responsive to amendment filed on 11/12/2025. The Examiner has acknowledged claims 1, 3,5-9 and 11 have been amended. Claims 2, 10 and 12-15 have been canceled. New claims 16-22 added. Claims 1, 3-9, 11 and 16-22 have been presented for examination and are rejected.
Response to Arguments
Applicant's argument, filed on November 12th, 2025 has been entered and carefully considered.
Applicant’s arguments, with respect to the rejection of claims1, 3 and 5-12, under 35 U.S.C. § 112, second paragraph have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant's arguments with respect to amended claims1, , 3-9 and 11 under 35 USC § 102 have been considered, but they are not persuasive.
Applicant argues that: in Dinan, there is no disclosure of using the NAS message for determining or changing any delay information within a
server. Therefore, Dinan at least fails to disclose that "the first information is used to perform a first operation, the first operation comprising: determining or changing delay information within a server," as required by amended claim 1.
In response, the Examiner respectfully disagrees and finds this argument unpersuasive. After further review of the prior art applied, the Examiner contends that the reference still reads on the claimed invention.
Claim 1 recites “sending first information, wherein the first information comprises at least one of the following:” there are four limitation to be picked and out of the four, the Examiner picked the first of the four to reject claim 1 “first request information, wherein the first request information is used to request to perform traffic-level QoS guarantee on a first object.”
Dinan discloses limitation: “first request information, wherein the first request information is used to request to perform traffic-level QoS guarantee on a first object.” In FIG. 7 and paragraphs [0207, 0260-0263] QoS flow packet delay budget (PDB) values, guaranteed flow bit rate (GFBR), the maximum data burst volume (MDBV) indicated in the QoS profile, and/or the like. FIG. 37 and paragraph [00287] FIG. 37, at 3710, further discloses a session management function may receive from an access and mobility management function, a first request message indicating that the first request message is for a time sensitive network (TSN) bridge. At 3720, the SMF may select based on an element of the request message, a user plane function (UPF) that supports TSN functionality.
Applicant’s argued Independent claim 5 is in similar manner as claim 1 because claim 5 recites similar claim limitations as those of independent claim 1.
Applicants are interpreting the claims very narrowly without considering the broad teaching of the reference to meet the claimed language. During patent examination, the pending claims must be "given their broadest reasonable interpretation consistent with the specification." >The Federal Circuit's en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 75 USPQ2d 1321 (Fed. Cir. 2005) expressly recognized that the USPTO employs the "broadest reasonable interpretation" standard:
The Patent and Trademark Office ("PTO") determines the scope of claims in patent applications not solely on the basis of the claim language, but upon giving claims their broadest reasonable construction "in light of the specification as it would be interpreted by one of ordinary skill in the art." In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364[, 70 USPQ2d 1827] (Fed. Cir. 2004).
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1-2, 4-7, 8-9, 11 and 16- 22 are rejected Under 35 U.S.C. 102 (a) (1) as being anticipated by Dinan et al. (WO 2020150333 hereinafter Dinan).
With respect to claims 1 and 21, Dinan teaches a Quality of Service (QoS) guarantee (Dinan, see FIG. 7 and paragraphs [0076, 0207] the 5G QoS model may support a QoS flow based on framework. The 5G QoS model may support both QoS flows that require a guaranteed flow bit rate. FIGS. 22) method, performed by a first communications device, wherein the method comprises:
sending first information, wherein the first information comprises at least one of the following:
first request information, wherein the first request information is used to request to perform traffic-level QoS guarantee on a first object (Dinan, see FIG. 7 and paragraphs [0207, 0260-0263] QoS flow packet delay budget (PDB) values, guaranteed flow bit rate (GFBR), the maximum data burst volume (MDBV) indicated in the QoS profile, and/or the like. FIG. 37 and paragraph [00287] FIG. 37, at 3710, further discloses a session management function may receive from an access and mobility management function, a first request message indicating that the first request message is for a time sensitive network (TSN) bridge. At 3720, the SMF may select based on an element of the request message, a user plane function (UPF) that supports TSN functionality);
traffic-level delay budget, wherein the traffic-level delay budget comprises an end-to-end delay budget between a terminal and a server, or a delay budget between a terminal-side data end and a network-side data end;
first delay information, wherein the first delay information comprises one of the following:
delay information within a terminal, or delay information between a terminal-side data end and a terminal; or
delay information between a terminal and a gateway, wherein the first information is used to perform a first operation, the first operation comprising: determining or changing delay information within a server,
wherein when the first information comprises the first request information, the first object comprises at least one of the following:
a terminal (Dinan, see paragraphs [00232-00233] if the UE (i.e., equivalent to terminal) may determine that the PDU session establishment procedure is required, the UE may send a NAS Message (i.e., UE equivalent to terminal and also first data) to an AMF),
a first traffic, first data, a first data channel, or a first computing task.
Claim 2, (Canceled)
With respect to claim 4, Dinan teaches the method, further comprising:
receiving a first response or traffic-level QoS guarantee start information(Dinan, see paragraphs [0260-0263] the UE may send a NAS message(i.e., interpreted as being equivalent to first request ) to the SMF (e.g., via the AMF). The NAS message may comprise the SRP message, a PDU session type indicating that the request is for SRP/TSN (e.g., type = SRP/TSN), S-NSSAI(s), DNN, PDU Session ID, request type, old PDU session ID, N1 SM container (PDU Session Establishment Request); and
sending information, data of the first object or a target object according to the first response, or the traffic-level QoS guarantee start information(Dinan, see FIG. 7 and paragraphs [0076, 0207] the 5G QoS model may support a QoS flow based on framework. The 5G QoS model may support both QoS flows that require a guaranteed flow bit rate. FIGS. 22),
wherein the first response is used to indicate that a first request is successfully responded to, and the traffic-level QoS guarantee start information comprises at least one of the following:
indication information indicating starting of traffic-level QoS guarantee, or description information of the target object for traffic-level QoS guarantee (Dinan, see paragraph [0216] for QoS profile generation, the AF may maintain the relationship between UE ID, 5GS virtual bridge ID and UE port ID. The AF may determine/find the corresponding UE ID when receiving TSN stream rule (Bridge ID, Ingress port ID, Egress port ID, Stream description (i.e., interpreted as being equivalent to description information), stream id, and/or the like) from CNC. The AF may determine the traffic class in the TSN stream rule and map the traffic class to corresponding 5QI (i.e., interpreted as being equivalent to first object/ first traffic or first data).
With respect to claim 5, Dinan teaches a Quality of Service (QoS) guarantee (Dinan, see FIG. 7 and paragraphs [0076, 0207] the 5G QoS model may support a QoS flow based on framework. The 5G QoS model may support both QoS flows that require a guaranteed flow bit rate. FIGS. 22) method, performed by a communications device, wherein the method comprises:
obtaining related information of a first operation (Dinan, see paragraphs [0260-0263] the UE may send a NAS message(i.e., interpreted as being equivalent to first operation request) to the SMF (e.g., via the AMF)), wherein the related information of the first operation comprises at least one of the following:
first information,
wherein the first information comprises first request information used to request to perform traffic-level QoS guarantee on a first object;
delay information between a terminal and a gateway;
delay information between a gateway and a server;
a traffic-level delay budget, wherein the traffic-level delay budget comprises an end-to-end delay budget between a terminal and a server, or a delay budget between a terminal-side data end and a network-side data end;
first delay information, wherein the first delay information comprises one of the following:
delay information within a terminal, or delay information between a terminal-side data end and a terminal;
performing the first operation according to the related information of the first operation (Dinan, see FIG. 7 and paragraphs [0207, 0260-0263] QoS flow packet delay budget (PDB) values, guaranteed flow bit rate (GFBR), the maximum data burst volume (MDBV) indicated in the QoS profile, and/or the like. FIG. 37 and paragraph [00287] FIG. 37, at 3710, further discloses a session management function may receive from an access and mobility management function, a first request message indicating that the first request message is for a time sensitive network (TSN) bridge. At 3720, the SMF may select based on an element of the request message, a user plane function (UPF) that supports TSN functionality), wherein:
the first operation comprises:
determining or changing delay information within a server (Dinan, see paragraph [0117] In step S403, the delay information notification unit 141 notifies the radio terminal 300 of the delay information S1.sub.info held by the delay information holding unit 131. The delay information notification unit 142 notifies the radio terminal 300 of the delay information S2.sub.info held by the delay information holding unit 132. The delay information notification units 141 and 142 form a notification unit configured to notify the radio terminal 300 of the delay information S1.sub.info and the delay information S2.sub.info in the second embodiment),
wherein when the first information comprises the first request information, the first object comprises at least one of the following:
a terminal (Dinan, see paragraphs [00232-00233] if the UE (i.e., equivalent to terminal) may determine that the PDU session establishment procedure is required, the UE may send a NAS Message (i.e., equivalent to terminal and also first data) to an AMF),
a first traffic, first data, a first data channel, or a first computing task.
With respect to claims 6 and 19, Dinan teaches the method, wherein the related information of the first operation further comprises: subscription information of the traffic-level QoS guarantee, and the performing the first operation according to the related information of the first operation comprises:
performing the first operation when a first condition is met (Dinan, see paragraphs [00245-00246] the policy association procedure may employ GPSI. In an example, if the SM policy association is for an existing PDU session, the SMF may provide information on the policy control request trigger condition(s) that have been met (i.e., equivalent to first condition is met )by an SMF initiated SM policy association modification procedure. In an example, the PCF may send policy information to the SMF. Paragraphs [0260-0263] further discloses the UE may send a NAS message(i.e., interpreted as being equivalent to first operation request) to the SMF (e.g., via the AMF). The NAS message may comprise the SRP message, a PDU session type indicating that the request is for SRP/TSN (e.g., type = SRP/TSN), S-NSSAI(s), DNN, PDU Session ID, request type, old PDU session ID, N1 SM container (PDU Session Establishment Request), and/or the like), wherein the first condition comprises at least one of the following:
the related subscription information of traffic-level QoS guarantee allows traffic-level QoS guarantee to be performed on all or a part of traffics in the first object;
the related subscription information of traffic-level QoS guarantee allows traffic-level QoS guarantee to be performed on the terminal (Dinan, see paragraphs [0053, 0081] a policy control function, PCF 135, may support unified policy framework to govern network behavior, provide policy rules to control plane function(s) to enforce policy rules, implement a front end to access subscription information relevant for policy decisions in a user data repository (UDR), and/or the like. The selection and traffic steering may be based on the UE's 100 (i.e., terminal)subscription data, UE 100 location, the information from application function AF 145, policy, other related traffic rules, and/or the like);
the first information is obtained;
a first delay changes;
a second delay changes;
a third delay changes;
a fourth delay changes;
a traffic-level delay budget changes; and
traffic-level delay guarantee cannot be met.
With respect to claims 7 and 20, Dinan-Yamazaki teaches the method, further comprising:
obtaining the related policy information of traffic-level QoS guarantee (Dinan, see paragraph [0061 ] the 5GC may provide policy information from the PCF 135 to the UE 100. In an example, the policy information may comprise: access network discovery and selection policy, UE 100 route selection policy (URSP), SSC mode selection policy), wherein the related policy information of traffic-level QoS guarantee comprises at least one of the following:
description information of a target object;
a Policy Control and Charging (PCC) rule (Dinan, see paragraph [00147] UE 100 subscription profile in UDM 140, DNAI was included in the PCC rules, local operator policies);
a QoS monitoring rule;
a delay between a terminal and a gateway (Dinan, see paragraph [00211, 00214] 5GS virtual bridge information may comprise bridge ID, port IDs, bridge internal information (e.g., bridge delay) and bridge port related information (e.g., propagation delay), and/or the like (i.e., corresponding to a delay between a terminal and a gateway),
delay information within a server; or
a traffic-level delay budget.
With respect to claim 9, Dinan teaches the method, further comprising:
sending a first response or traffic-level QoS guarantee start information to a another communications device, wherein:
the first response is used to indicate that first request information is successfully responded to (Dinan, see paragraphs [0260-0263] the UE may send a NAS message(i.e., interpreted as being equivalent to first request ) to the SMF (e.g., via the AMF). The NAS message may comprise the SRP message, a PDU session type indicating that the request is for SRP/TSN (e.g., type = SRP/TSN), S-NSSAI(s), DNN, PDU Session ID, request type, old PDU session ID, N1 SM container (PDU Session Establishment Request); the traffic-level QoS guarantee start information comprises at least one of the following:
indication information indicating starting of traffic-level QoS guarantee, or description information of the target object for traffic-level QoS guarantee(Dinan, see paragraph [0216] for QoS profile generation, the AF may maintain the relationship between UE ID, 5GS virtual bridge ID and UE port ID. The AF may determine/find the corresponding UE ID when receiving TSN stream rule (Bridge ID, Ingress port ID, Egress port ID, Stream description (i.e., interpreted as being equivalent to description information), stream id, and/or the like) from CNC. The AF may determine the traffic class in the TSN stream rule and map the traffic class to corresponding 5QI (i.e., interpreted as being equivalent to first object/ first traffic or first data);
the target object comprises at least one of the following:
the terminal, a target traffic, target information, target data, a target data channel, or a target computing task(Dinan, see paragraphs [00232-00233] if the UE (i.e., equivalent to terminal) may determine that the PDU session establishment procedure is required, the UE may send a NAS Message to an AMF);
the description information of the target object comprises at least one of the following:
description information of the target traffic, description information of the target information, description information of the target data (Dinan, see paragraph [0216] for QoS profile generation, the AF may maintain the relationship between UE ID, 5GS virtual bridge ID and UE port ID. The AF may determine/find the corresponding UE ID when receiving TSN stream rule (Bridge ID, Ingress port ID, Egress port ID, Stream description (i.e., interpreted as being equivalent to description information), stream id, and/or the like) from CNC), description information of the target data channel, or description information of the target computing task;
the target object is the same as or different from the first object; and the target object is the same as or different from the second object.
With respect to claim 8, Dinan teaches the method, wherein after the obtaining the related policy information of traffic-level QoS guarantee, the method further comprises:
according to the related policy information of traffic-level QoS guarantee (Dinan, see paragraph [0061 ] the 5GC may provide policy information from the PCF 135 to the UE 100. In an example, the policy information may comprise: access network discovery and selection policy, UE 100 route selection policy (URSP), SSC mode selection policy), performing at least one of the following:
determining the delay information within the server (Dinan, see paragraph [0117] In step S403, the delay information notification unit 141 notifies the radio terminal 300 of the delay information S1.sub.info held by the delay information holding unit 131. The delay information notification unit 142 notifies the radio terminal 300 of the delay information S2.sub.info held by the delay information holding unit 132. The delay information notification units 141 and 142 form a notification unit configured to notify the radio terminal 300 of the delay information S1.sub.info and the delay information S2.sub.info in the second embodiment);
determining QoS guarantee requirement information in the server, wherein the QoS guarantee requirement information in the server comprises the delay information within the server; or
determining related policy information used for traffic-level QoS guarantee of a user plane network element (Dinan, see paragraph [0061, 0074 ] the 5GC may provide policy information from the PCF 135 to the UE 100. The policy information may comprise: access network discovery and selection policy, UE 100 route selection policy (URSP), SSC mode selection policy. … the 5G QoS model may support a QoS flow-based framework as depicted in example FIG. 7. The 5G QoS model may support both QoS flows that require a guaranteed flow bit rate and QoS flows that may not require a guaranteed flow bit rate).
Claim 10 (canceled)
With respect to claims 11 and 22, Dinan teaches the method, wherein the operation of determining or changing fourth delay information comprises:
requesting to change the delay information within the server (Dinan, see paragraphs [00245-00246] the policy association procedure may employ GPSI. In an example, if the SM policy association is for an existing PDU session, the SMF may provide information on the policy control request trigger condition(s) that have been met (i.e., equivalent to one or more condition is met )by an SMF initiated SM policy association modification procedure. In an example, the PCF may send policy information to the SMF. Paragraphs [0260-0263] further discloses the UE may send a NAS message (i.e., interpreted as being equivalent to first operation request) to the SMF (e.g., via the AMF). The NAS message may comprise the SRP message, a PDU session type indicating that the request is for SRP/TSN (e.g., type = SRP/TSN), S-NSSAI(s), DNN, PDU Session ID, request type, old PDU session ID, N1 SM container (PDU Session Establishment Request), and/or the like), when at least one of the following is met:
a first delay changes (Dinan, see paragraph [00230] the accumulated latency may indicate a worst-case latency that a stream may encounter from a talker to listener. This value may change after it has been registered by a participant. If a participant is sent an attribute that has had the accumulated latency change from its previously registered value, it may modify /change the attribute propagation from Talker Advertise to Talker Fail with a failure information code (e.g., indicating that reported latency has changed). The talker may initialize this value with an estimate of maximum expected delay between the egress of a packet from the talker’ s network interface and when it reaches its network peer on its path towards the listener. Each bridge on the path may add the maximum expected delay between packet ingress on its own port and arrival at the next peer on the path),
a second delay changes, a third delay changes, a traffic-level delay budget changes, or traffic-level delay guarantee cannot be met.
Claims 12-15 (canceled)
With respect to claim 16, Dinan teaches the method, wherein the communications device comprises a core network (CN) element (Dinan, see paragraph [0042] FIG. 1 and FIG. 2 depict a 5G system comprising of access networks and 5G core network (CN)).
With respect to claim 17, Dinan teaches the method, wherein the CN element comprises a session management function (SMF) (Dinan, see ] FIG. 1 and FIG. 2 and paragraph [0047] session management function, SMF 160, may include one or more of the following functionalities (one or more of the SMF 160 functionalities may be supported in a single instance of a SMF 160)).
With respect to claim 18, Dinan teaches the method, wherein the CN element comprises a policy control function (PCF) (Dinan, see ] FIG. 1 and FIG. 2 and paragraph [0053 ] a policy control function, PCF 135, may support unified policy framework to govern network behavior, provide policy rules to control plane function(s) to enforce policy rules, implement a front end to access subscription information relevant for policy decisions in a user data repository (UDR), and/or the like).
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 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 of this title, 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dinan et al. (WO 2020150333 hereinafter Dinan) in view of Yamazaki (US 20110223948 hereinafter Yamazaki).
With respect to claim 3, Dinan teaches the method, yet fails to explicitly disclose wherein:
when the first information comprises the delay information within the terminal, the delay information within the terminal comprises at least one of the following:
computing delay information within the terminal, or transmission delay information within the terminal;
when the first information comprises the delay information within the server, the delay information within the server comprises at least one of the following:
a computing delay within the server or a transmission delay within the server; or when the first information comprises the delay information between the terminal-side data end and the terminal,
the delay information between the terminal-side data end and the terminal comprises at least one of the following:
computing delay information between the terminal-side data end and the terminal, transmission delay information between the terminal-side data end and the terminal, delay information within the terminal, or delay information within the terminal-side data end.
However, Yanazaki discloses wherein:
when the first information comprises the delay information within the terminal, the delay information within the terminal comprises at least one of the following:
computing delay information within the terminal, or transmission delay information within the terminal (Yamazaki, see paragraphs [0008-0009, 0015] the radio terminal of first delay information (delay information S1.sub.info) about the first delay signal sequence (i.e., corresponding to delay information with terminal));
when the first information comprises the delay information within the server, the delay information within the server comprises at least one of the following:
a computing delay within the server or a transmission delay within the server (Yamazaki, see paragraph [0017] there is provided a radio communication method comprising the steps of: superimposing and transmitting (e.g. step S104), by a first radio communication device configured to transmit a first signal sequence, the first signal sequence and a first delay signal sequence, the first delay signal sequence generated by delaying the first signal sequence (i.e., corresponding to transmission delay within the server)); or
when the first information comprises the delay information between the terminal-side data end and the terminal, the delay information between the terminal-side data end and the terminal comprises at least one of the following:
computing delay information between the terminal-side data end and the terminal, transmission delay information between the terminal-side data end and the terminal (Yamazaki, see paragraph [0017] receiving (step S302) the first signal sequence and the second signal sequence in the same time range by a receiver of the radio terminal from the transmission system; combining (step S303) the first signal sequence and the first delay signal sequence in accordance with the notified first delay information by a separation processor when executing separation processing), delay information within the terminal, or delay information within the terminal-side data end.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teaching of Dinan with the teaching of Yanazaki to provide the systems and methods for radio communication system, the first delay information provides significant advantages for terminal operations, primarily by improving efficiency, reducing congestion, and enabling better proactive decision-making.
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. See PTO-892 Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH KASSA whose telephone number is (571)270-0567. The examiner can normally be reached Monday -Friday 9 AM -6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached on 517-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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02/07/2026
/ELIZABETH KASSA/Examiner, Art Unit 2457
/ARIO ETIENNE/Supervisory Patent Examiner, Art Unit 2457