Prosecution Insights
Last updated: May 29, 2026
Application No. 18/296,866

FLOATING LOCALLY DISTRIBUTED USER PLANE FUNCTION

Non-Final OA §103
Filed
Apr 06, 2023
Examiner
MADANI, FARIDEH
Art Unit
2643
Tech Center
2600 — Communications
Assignee
AT&T Intellectual Property I, L.P.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
302 granted / 389 resolved
+15.6% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
15 currently pending
Career history
415
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
91.9%
+51.9% vs TC avg
§102
4.1%
-35.9% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 389 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. 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 Election/Restrictions 2. Applicant’s election of Group 1 (1-18) in the reply filed on 01/19/2026 is acknowledged. Claims 19-20 of non-elected groups (II and III) are cancelled without prejudice. Claims 21-22 are newly added and recites features similar to claim 1. Thus claims 1-18 and 21-22 are pending in the present application. Claim Rejections - 35 USC § 103 3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. A) Claims 1-4, 6, 9-11, 13-14, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1). As per claim 1, Shi teaches a method comprising: detecting, by a processing system including at least one processor deployed in a cellular network, at least one trigger condition for deploying a floating user plane function in an area (¶0079 and ¶0100, determining or detecting by SMF (i.e. processing system) with a processor deploy in the wireless network when the WTRU moves out (i.e. trigger condition) of the current serving area for assigning or deploying relocated (i.e. floating) UPF or user plane function in the serving area); deploying, by the processing system, the floating user plane function in the area in response to the detecting of the trigger condition (¶0079 and ¶0100, assigning one or more other UPFs that will be relocated in the serving area based on WTRU moving out of the serving area); and assigning, by the processing system, at least one protocol data unit session for at least a first user equipment to the floating user plane function (¶0083, assigning PDU session for WTRU (i.e. first user equipment) to the relocated UPF). However, Shi does not explicitly teach wherein the floating user plane function is hosted on at least one host mobile communication device that is in communication with the processing system. In the same field of endeavor, Talebi teaches wherein the floating user plane function is hosted on at least one host mobile communication device that is in communication with the processing system (¶0132 and ¶0170, one or more devices (i.e. host mobile communication device) support edge computing and may provide operators and/or third party services to be hosted close to the wireless device access point of attachment. The one or more devices (e.g., a 5GC) may select a UPF 110 (i.e. UPF’s dynamic load) close to the wireless device 100 and may execute the traffic steering from the UPF 110 to the LADN via a N6 interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. As per claim 2 as applied to claim 1 above, Shi does not explicitly teach obtaining an attach request from the first user equipment; allocating a network-based user plane function to a first protocol data unit session for the first user equipment; and activating the first protocol data unit session for the first user equipment. In the same field of endeavor, Talebi teaches obtaining an attach request from the first user equipment (¶0145-146, receiving or obtaining attach request from wireless device); allocating a network-based user plane function to a first protocol data unit session for the first user equipment (¶0210, allocating IPv6 prefix UPF for the PDU session); and activating the first protocol data unit session for the first user equipment (¶0166, activating PDU sessions for the wireless device). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. As per claim 3 as applied to claim 2 above, Talebi further teaches wherein the at least one protocol data unit session that is assigned to the floating user plane function comprises: a second protocol data unit session for the first user equipment (¶0150, wireless device has one or more PDU sessions (i.e. second PDU session)). As per claim 4 as applied to claim 2 above, Talebi further teaches, wherein the at least one protocol data unit session that is assigned to the floating user plane function comprises: the first protocol data unit session for the first user equipment (¶0150, wireless device has one or more PDU sessions (i.e. first PDU session)). As per claim 6 as applied to claim 2 above, Talebi further teaches, wherein the attach request comprises: an initial attach request; or a handover request (¶0146, initial attach request). As per claim 9 as applied to claim 1 above, Shi further teaches wherein the processing system comprises at least one of: an access management function; a session management function; or a network-based user plane function (Fig.2, SMF or session management function and AMF or access and mobility management function). As per claim 10 as applied to claim 1 above, Shi does not explicitly teach, wherein the at least one host mobile communication device comprises the first user equipment. In the same field of endeavor, Talebi teaches wherein the at least one host mobile communication device comprises the first user equipment (¶0113, one or more devices (e.g., wireless device, base station, eNB, gNB, computing device, etc.)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. As per claim 11 as applied to claim 1 above, Shi does not explicitly teach, wherein the floating user plane function passes data traffic of the at least one protocol data unit session between the at least the first user equipment and at least one data network. In the same field of endeavor, Talebi teaches wherein the floating user plane function passes data traffic of the at least one protocol data unit session between the at least the first user equipment and at least one data network (¶0103, UPF routing traffic flows of PDU session to a data network and wireless device 100). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. As per claim 13 as applied to claim 1 above, Shi does not explicitly teach, wherein the floating user plane function implements at least one quality of service policy with respect to data traffic of the at least one protocol data unit session between the at least the first user equipment and at least one data network. In the same field of endeavor, Talebi teaches wherein the floating user plane function implements at least one quality of service policy with respect to data traffic of the at least one protocol data unit session between the at least the first user equipment and at least one data network (¶0117, UPF implements user plane part of policy rule enforcement for QoS handling for user plane to support routing traffic flows from device 100 to a data network). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. As per claim 14 as applied to claim 13 above, Shi further teaches transmitting the at least one quality of service policy to the floating user plane function (¶0072, forwarding handling user plane QoS and policies to the UPF). As per claim 21, Shi teaches non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor when deployed in a cellular network (¶0114, computer readable medium storing instructions executed by a processor and implemented in a wireless network), cause the processing system to perform operations, the operations comprising: detecting at least one trigger condition for deploying a floating user plane function in an area (¶0079 and ¶0100, determining or detecting by SMF (i.e. processing system) with a processor deploy in the wireless network when the WTRU moves out (i.e. trigger condition) of the current serving area for assigning or deploying relocated (i.e. floating) UPF or user plane function in the serving area); deploying, by the processing system, the floating user plane function in the area in response to the detecting of the trigger condition (¶0079 and ¶0100, assigning one or more other UPFs that will be relocated in the serving area based on WTRU moving out of the serving area); and assigning, by the processing system, at least one protocol data unit session for at least a first user equipment to the floating user plane function (¶0083, assigning PDU session for WTRU (i.e. first user equipment) to the relocated UPF). However, Shi does not explicitly teach wherein the floating user plane function is hosted on at least one host mobile communication device that is in communication with the processing system. In the same field of endeavor, Talebi teaches wherein the floating user plane function is hosted on at least one host mobile communication device that is in communication with the processing system (¶0132 and ¶0170, one or more devices (i.e. host mobile communication device) support edge computing and may provide operators and/or third party services to be hosted close to the wireless device access point of attachment. The one or more devices (e.g., a 5GC) may select a UPF 110 (i.e. UPF’s dynamic load) close to the wireless device 100 and may execute the traffic steering from the UPF 110 to the LADN via a N6 interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. As per claim 22, Shi teaches An apparatus comprising: a processing system including at least one processor; and a computer-readable medium storing instructions which, when executed by the processing system when deployed in a cellular network (¶0114, a processing system including a processor and computer readable medium storing instructions and implemented in a wireless network), cause the processing system to perform operations, the operations comprising: detecting at least one trigger condition for deploying a floating user plane function in an area (¶0079 and ¶0100, determining or detecting by SMF (i.e. processing system) with a processor deploy in the wireless network when the WTRU moves out (i.e. trigger condition) of the current serving area for assigning or deploying relocated (i.e. floating) UPF or user plane function in the serving area); deploying, by the processing system, the floating user plane function in the area in response to the detecting of the trigger condition (¶0079 and ¶0100, assigning one or more other UPFs that will be relocated in the serving area based on WTRU moving out of the serving area); and assigning, by the processing system, at least one protocol data unit session for at least a first user equipment to the floating user plane function (¶0083, assigning PDU session for WTRU (i.e. first user equipment) to the relocated UPF). However, Shi does not explicitly teach wherein the floating user plane function is hosted on at least one host mobile communication device that is in communication with the processing system. In the same field of endeavor, Talebi teaches wherein the floating user plane function is hosted on at least one host mobile communication device that is in communication with the processing system (¶0132 and ¶0170, one or more devices (i.e. host mobile communication device) support edge computing and may provide operators and/or third party services to be hosted close to the wireless device access point of attachment. The one or more devices (e.g., a 5GC) may select a UPF 110 (i.e. UPF’s dynamic load) close to the wireless device 100 and may execute the traffic steering from the UPF 110 to the LADN via a N6 interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Talebi into invention of Shi in order for providing an isolated network slice for a wireless device by establishing DU session using the selected user plane function to provide the requested services for the wireless device. B) Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1) and further in view of Jia (US 2024/0422861 A1). As per claim 5 as applied to claim 4 above, Shi in view of Talebi does not explicitly teach transferring the first protocol data unit session for the first user equipment to the floating user plane function. In the same field of endeavor, Jia teaches transferring the first protocol data unit session for the first user equipment to the floating user plane function (¶0144, transfer PDU session tunnel information to the UPF). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Jia into invention of Shi and Talebi in order to effectively manage a multicast/broadcast session of a terminal device in an RRC inactive state, and improve network resource utilization. C) Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1) and further in view of JIA (US 2023/0067900 A1). As per claim 7 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach transmitting a notification message to the first user equipment of the assigning of the at least one protocol data unit session for the at least the first user equipment to the floating user plane function. In the same field of endeavor, JIA teaches transmitting a notification message to the first user equipment of the assigning of the at least one protocol data unit session for the at least the first user equipment to the floating user plane function (¶0232 and ¶0234, transmitting message/notification to the terminal device of allocating/assigning PDU session to the UPF). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of JIA into invention of Shi and Talebi in order to ensure that continuity of a multicast and/or broadcast service of a terminal device is not affected in a process in which the terminal device is handed over from a source access network device to a target access network device. As per claim 8 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach, transmitting a notification message to a radio access network equipment of the assigning of the at least one protocol data unit session for the at least the first user equipment to the floating user plane function. In the same field of endeavor, JIA teaches transmitting a notification message to a radio access network equipment of the assigning of the at least one protocol data unit session for the at least the first user equipment to the floating user plane function (¶0232 and ¶0234, transmitting message/notification to the target access network device for allocating/assigning PDU session to the UPF). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of JIA into invention of Shi and Talebi in order to ensure that continuity of a multicast and/or broadcast service of a terminal device is not affected in a process in which the terminal device is handed over from a source access network device to a target access network device. D) Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1) and further in view of Yu (US 2019/0075552 A1). As per claim 12 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach, wherein the first user equipment connects to the floating user plane function via a cellular sidelink. In the same field of endeavor, Yu teaches wherein the first user equipment connects to the floating user plane function via a cellular sidelink (¶0030, exchanging communication via sidelink interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of Yu into invention of Shi and Talebi in order to decode a radio resource control (RRC) request message from the UE for establishing a connection between the UE and a UPF of a 5G NR architecture in a network slice to enable greater speed, connectivity, and usability. E) Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1) and further in view of LY (US 2024/0397381 A1). As per claim 15 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach, wherein the at least one trigger condition comprises at least one of: a load of a user plane function exceeding a first threshold; or a predicted load of the user plane function exceeding a second threshold. In the same field of endeavor, LY teaches wherein the at least one trigger condition comprises at least one of: a load of a user plane function exceeding a first threshold; or a predicted load of the user plane function exceeding a second threshold (¶0056 and ¶0082, trigger condition includes concerning UPF loading or overloading condition (i.e. exceed the threshold)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of LY into invention of Shi and Talebi in order to dynamically adapt the steering of traffic over both 3GPP and non-3GPP accesses for uplink, downlink, or both. As per claim 17 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach, wherein the at least one trigger condition comprises a utilization of an application type or application class via a user plane function exceeding a threshold. In the same field of endeavor, LY teaches wherein the at least one trigger condition comprises a utilization of an application type or application class via a user plane function exceeding a threshold (¶0062 and ¶0132, trigger condition includes using of types of application or application ID and application running on the UE via UPF exceeding a threshold, loading, etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of LY into invention of Shi and Talebi in order to dynamically adapt the steering of traffic over both 3GPP and non-3GPP accesses for uplink, downlink, or both. F) Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1) and further in view of CHEN (US 2023/0026316 A1). As per claim 16 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach, wherein the at least one trigger condition comprises a presence of a threshold number of user equipment of a designated class in the area. In the same field of endeavor, CHEN teaches wherein the at least one trigger condition comprises a presence of a threshold number of user equipment of a designated class in the area (¶0069, Trigger conditions include a threshold capacity of a UE, a threshold status of a UE, or a threshold number of relay UEs in a defined geographic area). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of CHEN into invention of Shi and Talebi in order to provide any type of apparatus or device configured to operate or communicate in a wireless environment for purpose of exchanging paging messages. G) Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 2020/0213912 A1) in view of Talebi (US 2019/0182875 A1) and further in view of LIU (US 2024/0414063 A1). As per claim 18 as applied to claim 1 above, Shi in view of Talebi does not explicitly teach, wherein the at least one trigger condition is detected via at least one machine learning model. In the same field of endeavor, LIU teaches wherein the at least one trigger condition is detected via at least one machine learning model (¶0012, condition is detected by AI/ML model). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of applicant’s claimed invention to have incorporated the teaching of LIU into invention of Shi and Talebi in order for subscribing to an analytics of model transfer status in a network to effectively adjust a network transmission policy based on the AI/ML model transfer status. Conclusion 4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM EST. 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, JINSONG HU can be reached at 5712723965. 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. /FARIDEH MADANI/Examiner, Art Unit 2643 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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Prosecution Timeline

Apr 06, 2023
Application Filed
May 08, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+19.7%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 389 resolved cases by this examiner. Grant probability derived from career allowance rate.

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