DETAILED ACTION
In response to communications filed 02/09/2026.
Claims 1-20 are pending for examination.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/09/2026 has been entered.
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, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mao et al. (US 2023/0064433 A1) in view of Spraggins et al. (US 2020/0067831A1) hereinafter “Mao” and “Spraggins” respectively.
Regarding Claim 1, Mao teaches A method performed by a first network node (Mao: paragraph 0118 & Fig. 4, bearer network device) in a wireless communication system (Mao: paragraph 0102 & Fig. 1, mobile communications network system), the method comprising:
receiving, from a user plane function (UPF) (Mao: paragraph 0029, network device includes a user plane function (UPF), a first packet including first information (Mao: paragraphs 0116, 0121-0127, 0166, 0169 & Fig. 4, first network device generates a first packet including application information that is sent to second network device);
identifying second information for a slice associated with the first packet based on the first information (Mao: paragraph 0171 & Fig. 4, selecting a transmission path for the first packet based on the application information, therefore identifying second (i.e. path) information);
identifying a path of a data network based on the second information for the slice (Mao: paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on the application, therefore determining a path for the service; see also paragraph 0171, selecting a transmission path for the first packet based on the application information) and a service level agreement (SLA) of the slice (Mao: paragraphs 0185-0187, application information with the same SLA level is mapped to form Application Quality of Service-Level Slice); and
transmitting the first packet to the path of the data network (Mao: paragraphs 0112 & 0114, transmits traffic of an application by using a resource of the slice; see also paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on information in the first packet).
Mao fails to explicitly teach the first network node implemented as a software-defined (SD) wide area network (WAN) gateway (GW). However, Spraggins from an analogous art similarly teaches a mobile gateway includes a software-defined wide-area network (SD-WAN) controller configured for establishing an SD-WAN overlay network for connecting the mobile user devices to an external telecommunications network (Spraggins: paragraphs 0109-0111 & Fig. 5; see also paragraph 0086, SD-WAN edges and SD-WAN gateways).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mao to include SD-WAN architecture as taught by Spraggins so as to optimize and/or select the best path for application delivery in the network.
Regarding Claim 2, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the first information comprises at least one of a slice identification (ID), an application ID, a tenancy ID, or an Internet protocol (IP) address of the UPF (Mao: paragraph 0122, application information includes an application identifier (APP ID)).
Regarding Claim 3, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the SLA of the slice associated with the first packet (Mao: paragraphs 0185-0187, Application Quality of Service-Level Slice with the same SLA) corresponds to an SLA of the path of the data network (Mao: paragraphs 0185-0187, application information including the same service-level agreement level (SLA level)).
Regarding Claim 4, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the path of the data network corresponding to the slice is identified based on a mapping policy (Mao: paragraphs 0112, 0114 & Fig. 3, mapping the packet or application information to a network slice identifier). Mao fails to explicitly teach the mapping policy is acquired from an SD-WAN controller, however Spraggins additionally teaches the mobile gateway includes a software-defined wide-area network (SD-WAN) controller (Spraggins: paragraphs 0109-0111 & Fig. 5). Examiner recites same reasoning to combine as presented in rejected claim 1.
Regarding Claim 5, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the second information for the slice associated with the first packet is identified based on the IP address of the UPF (Mao: paragraph 0134, application information including locator address or address prefix).
Regarding Claim 6, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches identifying at least one tenancy mapped to the slice (Mao: paragraphs 0122-0123, user identifier (user ID) to represent traffic of a specific account); and
based on a policy for each identified tenancy, identifying the path of the data network (Mao: paragraph 0171 & Fig. 4, selecting a transmission path for the first packet based on the application information).
Regarding Claim 7, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches receiving from the data network, a second packet including third information (Mao: paragraph 0117 & Fig. 4, second packet);
Identifying an application based on the third information (Mao: paragraph 0126, update the application information based on the second);
identifying a slice corresponding to the application (Mao: paragraph 0171 & Fig. 4, determining, based on the application information, a network slice used to transmit the first packet and/or selecting a transmission path for the first packet); and
transmitting the second packet through the slice (Mao: paragraphs 0112 & 0114, transmits traffic of an application by using a resource of the slice).
Regarding Claim 8, Mao teaches A method performed by a second network node (Mao: paragraph 0118 & Fig. 4, second network device or bearer network device) in a wireless communication system (Mao: paragraph 0102 & Fig. 1, mobile communications network system), the method comprising:
receiving, from a first device (Mao: paragraph 0029, first network device) a first packet (Mao: paragraphs 0116, 0121-0127, 0166, 0169 & Fig. 4, first network device generates a first packet including application information that is sent to second network device);
identifying information on a first application of the first packet (Mao: paragraph 0171 & Fig. 4, selecting a transmission path for the first packet based on the application information, therefore identifying (i.e. path) information);
identifying a first slice through which the first packet is to be transmitted based on the information (Mao: paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on the application, therefore determining a path for the service; see also paragraph 0171, selecting a transmission path for the first packet based on the application information); and
adding first metadata to the first packet (Mao: paragraph 0129, update packet header of the first packet);
encapsulating the first packet (Mao: paragraph 0129, encapsulate packet header); and
transmitting the first packet to the first slice (Mao: paragraphs 0112 & 0114, transmits traffic of an application by using a resource of the slice; see also paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on information in the first packet),
wherein the first metadata includes information on an identification (ID) of the first slice (Mao: paragraphs 0176-0177, application information is mapped to one slice to form an Application-Level Slice, therefore including information to identify a slice) and an application ID (Mao: paragraph 0122, application identifier (APP ID)).
Mao fails to explicitly teach the first network node implemented as a software-defined (SD) wide area network (WAN) edge node. However, Spraggins from an analogous art similarly teaches a mobile gateway includes a software-defined wide-area network (SD-WAN) controller configured for establishing an SD-WAN overlay network for connecting the mobile user devices to an external telecommunications network (Spraggins: paragraphs 0109-0111 & Fig. 5; see also paragraph 0086, SD-WAN edges and SD-WAN gateways).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mao to include SD-WAN architecture as taught by Spraggins so as to optimize and/or select the best path for application delivery in the network.
Regarding Claim 9, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches identifying service level agreement (SLA) requirements of first the application (Mao: paragraphs 0185-0187, application information including the same service-level agreement level (SLA level)); and
based on the SLA requirements, identifying the first slice (Mao: paragraphs 0185-0187, Application Quality of Service-Level Slice with the same SLA level).
Regarding Claim 10, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches
receiving, from radio access network (RAN), a second packet (Mao: paragraph 0117 & Fig. 4, receiving a second packet from base station):
identifying a second slice of the second packet (Mao: paragraph 0122, flow identifier):
identifying a second application corresponding to the second slice based on the identified second slice (Mao: paragraph 0120, application information in second packet):
removing a second metadata in the second packet (Mao: paragraph 0120, generate a first packet based on the second packet, thus removing a second data information to update the received information):
decapsulating the second packet (Mao: paragraph 0209, decapsulates or removes a packet header of the first packet); and
transmitting, to a second device associated with the identified second application, the decapsulated second packet (Mao: paragraph 0166 & Fig. 4, send the first packet (comprising the second packet information).
Regarding Claim 11, Mao teaches A first network node (Mao: paragraph 0118 & Fig. 4, bearer network device) in a wireless communication system (Mao: paragraph 0102 & Fig. 1, mobile communications network system), the first network node comprising:
a transceiver (Mao: paragraph 0228 & Fig. 20, communications interface);
a processor (Mao: paragraph 0221, processor); and
memory storing instructions (Mao: paragraph 0221 & Fig. 20, memory including programing code) that, when executed by the processor, cause the SD-WAN GW to:
receive, from a user plane function (UPF) (Mao: paragraph 0029, network device includes a user plane function (UPF)), a first packet including first information (Mao: paragraphs 0116, 0121-0127, 0166, 0169 & Fig. 4, first network device generates a first packet including application information that is sent to second network device);
identify second information for a slice associated with the first packet based on the first information (Mao: paragraph 0171 & Fig. 4, selecting a transmission path for the first packet based on the application information, therefore identifying second (i.e. path) information);
identifying a path of a data network based on the second information for the slice (Mao: paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on the application, therefore determining a path for the service; see also paragraph 0171, selecting a transmission path for the first packet based on the application information) and a service level agreement (SLA) of the slice (Mao: paragraphs 0185-0187, application information with the same SLA level is mapped to form Application Quality of Service-Level Slice), and
transmit the first packet to the path of the data network (Mao: paragraphs 0112 & 0114, transmits traffic of an application by using a resource of the slice; see also paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on information in the first packet).
Mao fails to explicitly teach the first network node implemented as a software-defined (SD) wide area network (WAN) gateway (GW). However, Spraggins from an analogous art similarly teaches a mobile gateway includes a software-defined wide-area network (SD-WAN) controller configured for establishing an SD-WAN overlay network for connecting the mobile user devices to an external telecommunications network (Spraggins: paragraphs 0109-0111 & Fig. 5; see also paragraph 0086, SD-WAN edges and SD-WAN gateways).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mao to include SD-WAN architecture as taught by Spraggins so as to optimize and/or select the best path for application delivery in the network.
Regarding Claim 12, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the first information comprises at least one of a slice identification (ID), an application ID, a tenancy ID, or an Internet protocol (IP) address of the UPF (Mao: paragraph 0122, application information includes an application identifier (APP ID)).
Regarding Claim 13, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the SLA of the slice associated with the first packet (Mao: paragraphs 0185-0187, Application Quality of Service-Level Slice) corresponds to an SLA of the path of the data network (Mao: paragraphs 0185-0187, application information including the same service-level agreement level (SLA level)).
Regarding Claim 14, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein the path of the data network corresponding to the slice is identified based on a mapping policy (Mao: paragraphs 0112, 0114 & Fig. 3, mapping the packet or application information to a network slice identifier). Mao fails to explicitly teach the mapping policy is acquired from an SD-WAN controller, however Spraggins additionally teaches the mobile gateway includes a software-defined wide-area network (SD-WAN) controller (Spraggins: paragraphs 0109-0111 & Fig. 5). Examiner recites same reasoning to combine as presented in rejected claim 8.
Regarding Claim 15, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches wherein second information for the slice associated with the first packet is identified based on the IP address of the UPF (Mao: paragraph 0134, application information including locator address or address prefix).
Regarding Claim 16, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches
identify at least one tenancy mapped to the slice (Mao: paragraphs 0122-0123, user identifier (user ID) to represent traffic of a specific account), and
based on a policy for each identified tenancy, identify the path of the data network (Mao: paragraph 0171 & Fig. 4, selecting a transmission path for the first packet based on the application information).
Regarding Claim 17, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches receive from the data network (Mao: paragraph 0166 & Fig. 4, receive packet from first device), a second packet including third information (Mao: paragraph 0117 & Fig. 4, second packet);
identify an application based on the first information (Mao: paragraph 0121 & Fig. 4, application information included in the first packet),
identify a slice corresponding to the application (Mao: paragraph 0171 & Fig. 4, determining, based on the application information, a network slice used to transmit the first packet and/or selecting a transmission path for the first packet), and
transmit the second packet through the slice (Mao: paragraphs 0112 & 0114, transmits traffic of an application by using a resource of the slice).
Regarding Claim 18, Mao teaches A second network node (Mao: paragraph 0118 & Fig. 4, second network device or bearer network device) in a wireless communication system (Mao: paragraph 0102 & Fig. 1, mobile communications network system), the second network node comprising:
a transceiver (Mao: paragraph 0228 & Fig. 20, communications interface); and
a processor (Mao: paragraph 0221, processor);
memory storing instructions (Mao: paragraph 0221 & Fig. 20, memory including programing code) that, when executed by the processor, cause the node to:
receive, from a first device (Mao: paragraph 0029, network device includes a user plane function (UPF)), a first packet (Mao: paragraphs 0116, 0121-0127, 0166, 0169 & Fig. 4, first network device generates a first packet including application information that is sent to second network device);
identify information on a first application of the packet (Mao: paragraph 0171 & Fig. 4, selecting a transmission path for the first packet based on the application information, therefore identifying second (i.e. path) information);
identify a first slice through which the first packet is to be transmitted based on the information (Mao: paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on the application, therefore determining a path for the service; see also paragraph 0171, selecting a transmission path for the first packet based on the application information), and
add first metadata to the first packet (Mao: paragraph 0129, update packet header of the first packet);
encapsulate the first packet (Mao: paragraph 0129, encapsulate packet header); and
transmit the first packet to the first slice (Mao: paragraphs 0112 & 0114, transmits traffic of an application by using a resource of the slice; see also paragraphs 0121-0127, 0166, 0169 & Fig. 4, provide a network service based on information in the first packet),
wherein the first metadata includes at least one of information on an identification (ID) of the first slice (Mao: paragraphs 0176-0177, application information is mapped to one slice to form an Application-Level Slice, therefore including information to identify a slice) and an application ID (Mao: paragraph 0122, application identifier (APP ID)).
Mao fails to explicitly teach the first network node implemented as a software-defined (SD) wide area network (WAN) gateway (GW). However, Spraggins from an analogous art similarly teaches a mobile gateway includes a software-defined wide-area network (SD-WAN) controller configured for establishing an SD-WAN overlay network for connecting the mobile user devices to an external telecommunications network (Spraggins: paragraphs 0109-0111 & Fig. 5; see also paragraph 0086, SD-WAN edges and SD-WAN gateways).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mao to include SD-WAN architecture as taught by Spraggins so as to optimize and/or select the best path for application delivery in the network.
Regarding Claim 19, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches identify service level agreement (SLA) requirements of the first application (Mao: paragraphs 0185-0187, application information including the same service-level agreement level (SLA level)), and
based on the SLA requirements, identify the first slice (Mao: paragraphs 0185-0187, Application Quality of Service-Level Slice with the same SLA level).
Regarding Claim 20, Mao-Spraggins teaches the respective claim(s) as presented above and further teaches receive, from radio access network (RAN), a second packet (Mao: paragraph 0117 & Fig. 4, receiving a second packet from base station):
identify a second slice of the second packet (Mao: paragraph 0122, flow identifier):
identify a second application corresponding to the second slice based on the identified second slice (Mao: paragraph 0120, application information in second packet):
remove a second metadata in the second packet (Mao: paragraph 0120, generate a first packet based on the second packet, thus removing a second data information to update the received information):
decapsulate the second packet (Mao: paragraph 0209, decapsulates or removes a packet header of the first packet); and
transmit, to a second device associated with the identified second application, the decapsulated second packet (Mao: paragraph 0166 & Fig. 4, send the first packet (comprising the second packet information).
Response to Arguments
Applicants' argument:
a) Mao alone or in combination fails to teach or suggest identifying a path of a data network based on a service level agreement (SLA) of a slice since the SLA of Mao only refers to an SLA of an application (remarks, pages 7-8).
b) Mao alone or in combination fails to teach or suggest the first metadata includes both information on an identification of the first slice and an application ID (remarks, page 8).
Examiner’s response:
Applicant's arguments filed 02/09/2026 have been fully considered but they are not persuasive.
Regarding argument a), after review of the prior arts, Mao teaches application information may further be mapped to one slice based on SLA level to form a quality of service-level slice. For example, application information with the same SLA level (i.e. SLA level 1 and App ID 2 & SLA level 1 and App ID 4) is mapped to slice 10. After mapping, applications with the same SLA level value share one network slice (Mao: paragraphs 0185-0187). Examiner notes since the single quality of service-level slice is specifically formed based on pieces of application information with the same SLA level, Mao similarly identifies and/or determines a path for the packet based on a service level agreement that is specific to the formed quality of service-level slice.
Regarding argument b), claim 18 specifically has been amended to teach the first metadata includes at least one of information on an identification of the first slice and an application ID. Examiner notes the metadata does not necessarily need to include both information on an identification of the first slice and an application ID as argued in the remarks. Claims 8 and 18, as written, simply recite the metadata includes information that identifies the first slice through which the first packet is to be transmitted. Therefore, under the broadest reasonable interpretation, any information that is used to identify or indicate a specific network slice may be considered as information on an identification of the first slice. That being stated, Mao further teaches the application information is mapped to one slice to form an Application-Level Slice (Mao: paragraphs 0176-0177). Examiner notes since the application information is used to identify or form a specific slice, Mao similarly teaches the application information itself comprises identification of a slice to identify the specific slice or Application-Level Slice that is identified for transmission of application traffic.
Therefore, the rejection(s) of claims 1, 8, 11 and 18 is maintained.
Conclusion
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/NAJEEB ANSARI/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
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