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 .
This Office Action is in response to Application filed on August 17, 2023 in which claims 1-19 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 17, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 (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 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) 1-3, 5-7, 9-13,15-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho A et al. JP 2010034961 A.
Regarding claim 1, Cho A et al. disclose “a network function in a core network, the network function comprising: a processor and a memory, wherein the processor is configured to execute at least one program stored in the memory to perform: “receiving, from a session management function (SMP), a path calculation request for a path for transmitting user data” by providing a route generation request transmission unit 53 that transmits a route generation request for requesting generation of a route satisfying the request condition supplied from the request condition management unit 52 to the control device 13 via the SIP server 12 by SIP, and “determining the path on the basis of information on the core network and information on a transport network coupled to a user plane layer of the core network” by providing an apparatus (13) that has an optimal-path determination unit for determining an optimal path in a core network (16) for preset classifications e.g. control packets, according to a usage condition of communication quality requirements and the network. A control unit performs path control of the network, and quality-of-service control based on the determined path. A transmission unit transmits routing information for each preset classification to a communication apparatus based on the determined path (See Abstract). In particular, Cho A et al. disclose receiving means to receive the requirements of the communication quality for every predetermined classification about all the communication sessions via the said communication apparatus from the communication apparatus which connects with a core network directly and transmits/receives data. The optimal-path determination means which determines the optimal path in the core network for every predetermined classification according to the use condition of the requirements and the core network. The control means which performs the path control of the core network, and QoS control based on the determined optimal path. A transmission means to transmit the routing information for every predetermined classification of the communication apparatus to the communication apparatus based on the determined optimal path. And a control apparatus provided with these.
As per claim 2, Cho A et al. disclose “wherein the processor is configured to execute the at least one program to further perform: receiving the information on the transport network from an external application function (AF) outside the core network, wherein the information on the transport network includes topology of the transport network and state information of network equipment in the transport network” through a receiving means for directly connecting to the core network and receiving communication quality requirement conditions for each predetermined type for all communication sessions via the communication device from a communication device that transmits and receives data.
As per claim 3, Cho A et al. disclose “wherein the network equipment in the transport network supports a predetermined transmission protocol” by providing a control device wherein the reception unit or the transmission unit receives the request condition or transmits the route information via another communication device according to a predetermined control protocol.
As per claim 5, Cho A et al. disclose “wherein the processor is configured to execute the at least one program to further perform: receiving the information on the core network from the SMF, and creating information on an integrated network on the basis of the information on the transport network and the information on the core network, wherein the information on the integrated network includes integrated topology of the core network and the transport network” through S12, the base station 11-b that has received the route information starts communication based on the route information. That is, the base station 11-b transmits the packets received from the terminals 10-b1, 10-b2, and 10-b3 to the predetermined router R in the core network 16 determined based on the path information, The packet from the information distribution server 14 received from the router R is transmitted to the terminal 10-b1, 10-b2, or 10-b3.
As per claim 6, Cho A et al. disclose “wherein when determining the path on the basis of the information on the core network and the information on the transport network coupled to the user plane layer of the core network, the processor is configured to perform: determining the path on the basis of state information of a network resource in the core network, the state information of the network equipment in the transport network, and topology of the integrated network” by providing an optimum route determining means for determining an optimum route in the core network for each of the predetermined types according to the request condition and a use state of the core network; wherein the control apparatus 13 determines the optimal path | route for every communication packet type based on the communication quality requirement conditions for every communication packet type transmitted from base station 11-b in step S7. Then, in step S8, the control device 13 sets path control using MPLS for each router R of the core network 16 based on the determined optimum path, and in step S9, for each communication packet type.
As per claim 7, Cho A et al. disclose “wherein the path calculation request includes information on an ingress node and an egress node of the user data, and the ingress node and the egress node are included in the user plane layer” (Figure 1 including information on an ingress node and an egress node of the user data).
As per claim 9, Cho A et al. disclose “wherein the path calculation request further includes information on a service corresponding to the user data” through a Control means for performing path control and QoS control of the core network based on the determined optimal path; and a unit (management unit) for performing path control and QoS control that is classified according to the packet type of control packet, priority data packet, and non-priority data packet.
Regarding claim 10, Cho A et al. disclose “a network function in a core network, the network function comprising: a processor and a memory, wherein the processor is configured to execute at least one program stored in the memory to perform: receiving a session setting request for a session from a policy control function (PCF), determining an ingress node and an egress node of user data (Figure 1 and corresponding text) to be transmitted through the session, and transmitting a path setting request including information on the ingress node and the egress node to a routing support function (RSF)” by providing an apparatus (13) that has an optimal-path determination unit for determining an optimal path in a core network (16) for preset classifications e.g. control packets, according to a usage condition of communication quality requirements and the network. A control unit performs path control of the network, and quality-of-service control based on the determined path. A transmission unit transmits routing information for each preset classification to a communication apparatus based on the determined path (See Abstract). In particular, Cho A et al. disclose receiving means to receive the requirements of the communication quality for every predetermined classification about all the communication sessions via the said communication apparatus from the communication apparatus which connects with a core network directly and transmits/receives data. The optimal-path determination means which determines the optimal path in the core network for every predetermined classification according to the use condition of the requirements and the core network. The control means which performs the path control of the core network, and QoS control based on the determined optimal path. A transmission means to transmit the routing information for every predetermined classification of the communication apparatus to the communication apparatus based on the determined optimal path. And a control apparatus provided with these.
Regarding claim 11, Cho A et al. disclose “a path determination method of a core network and a transport network, the path determination method comprising: receiving, from a session management function (SMP), a path calculation request for a path for transmitting user data” by providing a route generation request transmission unit 53 that transmits a route generation request for requesting generation of a route satisfying the request condition supplied from the request condition management unit 52 to the control device 13 via the SIP server 12 by SIP; and “determining the path on the basis of information on the core network and information on the transport network coupled to a user plane layer of the core network” by providing an apparatus (13) that has an optimal-path determination unit for determining an optimal path in a core network (16) for preset classifications e.g. control packets, according to a usage condition of communication quality requirements and the network. A control unit performs path control of the network, and quality-of-service control based on the determined path. A transmission unit transmits routing information for each preset classification to a communication apparatus based on the determined path (See Abstract). In particular, Cho A et al. disclose receiving means to receive the requirements of the communication quality for every predetermined classification about all the communication sessions via the said communication apparatus from the communication apparatus which connects with a core network directly and transmits/receives data. The optimal-path determination means which determines the optimal path in the core network for every predetermined classification according to the use condition of the requirements and the core network. The control means which performs the path control of the core network, and QoS control based on the determined optimal path. A transmission means to transmit the routing information for every predetermined classification of the communication apparatus to the communication apparatus based on the determined optimal path. And a control apparatus provided with these.
As per claim 12, Cho A et al. disclose “receiving the information on the transport network from an external application function (AF) outside the core network, wherein the information on the transport network includes topology of the transport network and state information of network equipment in the transport network” through a receiving means for directly connecting to the core network and receiving communication quality requirement conditions for each predetermined type for all communication sessions via the communication device from a communication device that transmits and receives data.
As per claim 13, Cho A et al. disclose “wherein the network equipment in the transport network supports a predetermined transmission protocol” by providing a control device wherein the reception unit or the transmission unit receives the request condition or transmits the route information via another communication device according to a predetermined control protocol.
14. The path determination method of claim 13, wherein the predetermined transmission protocol is segment routing IPv6 (SRv6).
As per claim 15, Cho A et al. disclose “receiving the information on the core network from the SMF, and creating information on an integrated network on the basis of the information on the transport network and the information on the core network, wherein the information on the integrated network includes integrated topology of the core network and the transport network” through S12, the base station 11-b that has received the route information starts communication based on the route information. That is, the base station 11-b transmits the packets received from the terminals 10-b1, 10-b2, and 10-b3 to the predetermined router R in the core network 16 determined based on the path information, The packet from the information distribution server 14 received from the router R is transmitted to the terminal 10-b1, 10-b2, or 10-b3.
As per claim 16, Cho A et al. disclose “wherein the determining of the path on the basis of the information on the core network and the information on the transport network coupled to the user plane layer of the core network comprises: determining the path on the basis of state information of a network resource in the core network, the state information of the network equipment in the transport network, and topology of the integrated network” by providing an optimum route determining means for determining an optimum route in the core network for each of the predetermined types according to the request condition and a use state of the core network; wherein the control apparatus 13 determines the optimal path | route for every communication packet type based on the communication quality requirement conditions for every communication packet type transmitted from base station 11-b in step S7. Then, in step S8, the control device 13 sets path control using MPLS for each router R of the core network 16 based on the determined optimum path, and in step S9, for each communication packet type.
As per claim 17, Cho A et al. disclose “wherein the path calculation request includes information on an ingress node and an egress node of the user data, and the ingress node and the egress node are included in the user plane layer” (Figure 1 including information on an ingress node and an egress node of the user data).
18. The path determination method of claim 17, wherein the information on the ingress node and the egress node includes a segment routing IPv6 (SRv6) address of the ingress node and an SRv6 address of the egress node.
As per claim 19, Cho A et al. disclose “wherein the path calculation request further includes information on a service corresponding to the user data” through a Control means for performing path control and QoS control of the core network based on the determined optimal path; and a unit (management unit) for performing path control and QoS control that is classified according to the packet type of control packet, priority data packet, and non-priority data packet.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4, 8, 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho A et al. JP 2010034961 A in view of GPP, "3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Study on user Plane Protocol in 5GC (Release 16)", 3GPP TR 29.892 V16.0.0 (2019-09).
As per claim 4, most of the limitations of this claim have been noted in the rejection of claim 3. Applicant’s attention is directed to the rejection of claim 3. It is noted however, Cho A et al. did not specifically detail the aspects of “wherein the predetermined transmission protocol is segment routing IPv6 (SRv6)” as recited in the instant claim 4. On the other hand, GPP, "3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Study on user Plane Protocol in 5GC (Release 16)", 3GPP TR 29.892 V16.0.0 (2019-09) achieved the aforementioned claim features (See Pages 21-36 Section 6.2 describing information on the ingress node and the egress node includes a segment routing IPv6 (SRv6)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the teachings of 3rd Generation Partnership Project into the system of Cho A et al. because that would have enhanced the versatility of Cho A et al. by allowing it to effectively enable flexible and efficient route selection and QoS control to be realized in a core network.
As per claim 8, most of the limitations of this claim have been noted in the rejection of claim 7. Applicant’s attention is directed to the rejection of claim 7. It is noted however, Cho A et al. did not specifically detail the aspects of “wherein the information on the ingress node and the egress node includes a segment routing IPv6 (SRv6) address of the ingress node and an SRv6 address of the egress node” as recited in the instant claim 8. On the other hand, GPP, "3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Study on user Plane Protocol in 5GC (Release 16)", 3GPP TR 29.892 V16.0.0 (2019-09) achieved the aforementioned claim features (See Pages 21-36 Section 6.2 describing information on the ingress node and the egress node includes a segment routing IPv6 (SRv6)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the teachings of 3rd Generation Partnership Project into the system of Cho A et al. because that would have enhanced the versatility of Cho A et al. by allowing it to effectively enable flexible and efficient route selection and QoS control to be realized in a core network.
As per claim 14, most of the limitations of this claim have been noted in the rejection of claim 13. Applicant’s attention is directed to the rejection of claim 13. It is noted however, Cho A et al. did not specifically detail the aspects of “wherein the predetermined transmission protocol is segment routing IPv6 (SRv6)” as recited in the instant claim 14. On the other hand, GPP, "3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Study on user Plane Protocol in 5GC (Release 16)", 3GPP TR 29.892 V16.0.0 (2019-09) achieved the aforementioned claim features (See Pages 21-36 Section 6.2 describing information on the ingress node and the egress node includes a segment routing IPv6 (SRv6)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the teachings of 3rd Generation Partnership Project into the system of Cho A et al. because that would have enhanced the versatility of Cho A et al. by allowing it to effectively enable flexible and efficient route selection and QoS control to be realized in a core network.
As per claim 18, most of the limitations of this claim have been noted in the rejection of claim 17. Applicant’s attention is directed to the rejection of claim 17. It is noted however, Cho A et al. did not specifically detail the aspects of “wherein the information on the ingress node and the egress node includes a segment routing IPv6 (SRv6) address of the ingress node and an SRv6 address of the egress node” as recited in the instant claim 18. On the other hand, GPP, "3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Study on user Plane Protocol in 5GC (Release 16)", 3GPP TR 29.892 V16.0.0 (2019-09) achieved the aforementioned claim features (See Pages 21-36 Section 6.2 describing information on the ingress node and the egress node includes a segment routing IPv6 (SRv6)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the teachings of 3rd Generation Partnership Project into the system of Cho A et al. because that would have enhanced the versatility of Cho A et al. by allowing it to effectively enable flexible and efficient route selection and QoS control to be realized in a core network.
Conclusion
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/FRANTZ COBY/Primary Examiner, Art Unit 2459
September 23, 2025