Prosecution Insights
Last updated: April 19, 2026
Application No. 18/286,269

HANDLING OF HETEROGENEOUS SUPPORT FOR USER EQUIPMENT SLICE MAXIMUM BIT RATE (S-MBR)

Non-Final OA §102
Filed
Oct 10, 2023
Examiner
TACDIRAN, ANDRE GEE
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
314 granted / 396 resolved
+21.3% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
36 currently pending
Career history
432
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
66.8%
+26.8% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 396 resolved cases

Office Action

§102
DETAILED ACTION 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 the submission filed 2025-12-08 (herein referred to as the Reply) where claim(s) 2-10 are pending for consideration. Election/Restrictions Claim(s) 1, 47-56 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the Reply. 35 USC §102 - Claim Rejections 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) is/are rejected under AIA 35 U.S.C. 102(a)(1) as being unpatentable over TR2370040v17 (NPL - 3GPP TR 23.700-40 V17.0.0) Claim(s) 2 TR2370040v17 teaches obtaining information that indicates whether a Radio Access Network, RAN, node supports Slice Maximum Bit Rate, S-MBR, enforcement; Clause 6.22.2: " ... Each slice (S-NSSAI) per UE is associated with the following aggregate rate limit QoS parameter: - Slice Maximum Bitrate (SMBR) ... The (R)AN enforces the SMBR ... "; page 115, para. 17-18, clause 6.22.3.0: " ... add SMBR as a new parameter as following. The AMF retrieves the Access and Mobility Subscription data ... Subscribed SMBR is included in Access and Mobility Subscription data ... the AMF sends Subscribed SMBR to the PCF."; page 116, para. 5-9, clause 6.22.3.1: " ... 1-2. The AMF retrieves subscribed SMBR per S-NSSAI from UOM", " ... 3. The AMF may provide ... the subscribed SMBR for each S-NSSAI in the Allowed NSSAI to PCF.") <FIGs. 6.22.3.2-1,3-1,4-1, 6.37.3.1-1,2-1; Section: 6.22.3.x, 6.37.2, 3, 6.43 > making a determination of whether to apply a mechanism to enforce an S-MBR for one or more Protocol Data Unit, PDU, sessions of a wireless communication device on a network slice in the core network based on whether the RAN node supports S-MBR enforcement as indicated by the obtained information; and information Page 116, para. 5-9, clause 6.22.3.1: " ... 4. The PCF may authorize the subscribed SMBR", " ... 5. If received from PCF, the AMF sends the Authorized SMBR per S-NSSAI to (R)AN when needed. Otherwise, the AMF sends the Subscribed SMBR per S-NSSAI obtained from the UOM to (R)AN ... ") <FIGs. 6.22.3.2-1,3-1,4-1, 6.37.3.1-1,2-1; Section: 6.22.3.x, 6.37.2, 3, 6.43 > operating in accordance with the determination. (page 116, para. 5-9, clause 6.22.3.1: "… .4. The PCF may authorize the subscribed SMBR and send the dynamic serving network SMBR for each S-NSSAI in the Allowed NSSAI to the AMF”, " ... 5. If received from PCF, the AMF sends the Authorized SMBR per S-NSSAI to (R)AN when needed. Otherwise the AMF sends the Subscribed SMBR per S-NSSAI obtained from the UOM to (R)AN ... ") <FIGs. 6.22.3.2-1,3-1,4-1, 6.37.3.1-1,2-1; Section: 6.22.3.x, 6.37.2, 3, 6.43 > Claim(s) 3 TR2370040v17 teaches wherein the core network node is an Access and Mobility Management Function, AMF Claim(s) 6 TR2370040v17 teaches wherein the core network node is a Policy and Control Function, PCF. <FIGs. 6.22.3.2-1; Section: 6.22.1 > Claim(s) 7 TR2370040v17 teaches wherein obtaining the information comprises receiving a message that comprises information that indicates whether the RAN node supports S-MBR enforcement. In roaming case, the AMF sends Subscribed SMBR to the PCF for authorization. PCF will send the authorized SMBR to the AMF. <FIG. 6.22.2-1, 3-1 Section: 6.22.3.0> Claim(s) 8 TR2370040v17 teaches wherein receiving the message comprises receiving the message from an Access and Mobility Management Function, AMF. The AMF retrieves the Access and Mobility Subscription data and other subscription data using Nudm_SDM_Get service operation. Subscribed SMBR is included in Access and Mobility Subscription data (same as Subscribed UE AMBR). In roaming case, the AMF sends Subscribed SMBR to the PCF <FIG. 6.22.2-1, 3-1 Section: 6.22.3.0> Allowable Subject Matter Claim(s) is/are indicated as having allowable subject matter and objected to. Claim(s) 4-5, 9-10 The claim(s) is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The claims require either “information that indicates that that RAN node does not support S-MBR enforcement” and “making the determination to not apply the mechanism to enforce S-MBR in the core network.” Closest prior art TR2370040v17 teaches scenarios in which it appears SMBR is always supported and always enforced. Relevant Cited References JEONG - US20210105652 teaches a response message including a maximum bit rate (requested NS-AMBR) in units of network slices which is applied by a UPF. Examiner’s Notes TR2370040v17 (NPL - 3GPP TR 23.700-40 V17.0.0) was disclosed in IDS submitted 2023-10-10 (NPL citation No. 2). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE TACDIRAN whose telephone number is 571-272-1717. The examiner can normally be reached on M-TH, 10-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDRE TACDIRAN/Primary Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Oct 10, 2023
Application Filed
Oct 10, 2023
Response after Non-Final Action
Jan 20, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+23.5%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 396 resolved cases by this examiner. Grant probability derived from career allow rate.

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