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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment, filed on 1/29/2026, has been entered and fully considered. Claims 1, 5, 7, 8, 21, 25 and 27-29 are amended, claims 6, 9-20 and 26 are canceled, and claims 1-5, 7, 8, 21-25 and 27-32 are currently pending.
Claim rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been withdrawn based on claim amendments.
Response to Arguments
Applicant’s argument with respect to specification objections have been fully considered and are persuasive, therefore specification objection has been withdrawn.
Applicant's arguments regarding claim rejections under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant argues that the previously cited references Niemi and Agarwal, alone or in combination fail to teach or suggest simultaneously maintaining both N1 interfaces as specifically recited in claim 1 (and similarly recited in other independent claims, and their respective dependent claims).
Examiner respectfully disagrees. Agarwal teaches the UE (100) is configured with a cellular preferred call setting over the Wi-Fi network, and the IMS is registered over New Radio (NR) BS, but the NR BS is not supported for Voice Over NR (VONR). The Wi-Fi device support Voice Over Wi-Fi (VOWiFi). In a cellular preferred mode, the IMS registration will be over the NR BS if the NR BS signal strength is strong, e.g., the signal strength of the NR BS is more than a minimum signal threshold (Figure 4 and Paragraphs 0064 and 0065). Examiner asserts that UE communicates with NR via first N1 interface. Upon triggering event, the UE identifies that the user is planning to initiate a voice call, and due to not supporting the VONR, the UE determine if RSRP of WiFI is strong, and shift IMS registration to WiFi (Figure 4 and Paragraph 0066). Examiner asserts that IMS service such as Voice over via WiFi may be connected via second N1 interface. Since while shifting IMS registration to WiFi, the interface with New Radio (NR) is still maintained, and thus the first and second N1 interfaces are simultaneously maintained. Therefore, the previous cited references teach simultaneously maintaining both N1 interfaces as specifically recited in claim 1 (and similarly recited in other independent claims, and their respective dependent claims).
Claim Objections
Claims 5 and 25 are objected to because of the following informalities:
Claim 5 recites “the second access network”. Claim 25 recites similar features and therefore is objected for similar reason.
Appropriate correction is required.
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.
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 1-5, 7, 8, 21-25 and 27-32 are rejected under 35 U.S.C. 103 as being unpatentable over Niemi et al. (US 20220338154 A1 and Niemi hereinafter), in view of Agarwal et al. (US 20230022707 A1 and Agarwal hereinafter Agarwal).
Regarding claim 1, Niemi teaches one or more non-transitory, computer-readable media having instructions that (Figure 2 and Paragraph 0050; non-transitory machine-readable storage medium, including a memory for storing data (e.g., the guard timer value), instructions, and/or program code of applications, communication protocols, and/or the method), when executed, cause a processor circuitry to (Figure 2 and Paragraph 0046; controller 20 may be a general-purpose processor, a Micro Control Unit (MCU), an application processor, a Digital Signal Processor (DSP), a Graphics Processing Unit (GPU), a Holographic Processing Unit (HPU), a Neural Processing Unit (NPU), or the like, which includes various circuits for providing the functions of data processing and computing, controlling the wireless transceiver):
disable an S1 interface (Figure 4 and Paragraph 0061; S1-mode capability (i.e., the E-UTRA capability) of the UE is initially disabled);
receive a registration accept message via a first N1 interface through a next generation radio access network (NG-RAN) (Figure 4 and Paragraph 0063; the UE receives a REGISTRATION ACCEPT message from the 5G network. Specifically, the IMS-VoPS-3GPP indicator is set to “IMS voice over PS session not supported over 3GPP access” in 5GS network feature support IE of the REGISTRATION ACCEPT message. Figure 1 and Paragraph 0035; mobile communication network 120 is a 5G network (5GS), and access network 121 is a Next Generation Radio Access Network), the registration accept message to indicate that Internet protocol (IP) multimedia subsystem (IMS) service over a first access technology is not allowed (Figure 4 and Paragraph 0063; the UE receives a REGISTRATION ACCEPT message from the 5G network. Specifically, the IMS-VoPS-3GPP indicator is set to “IMS voice over PS session not supported over 3GPP access” in 5GS network feature support IE of the REGISTRATION ACCEPT message) and IMS service over a second network is allowed (Figure 4 and Paragraph 0064; the UE receives a new indication that IMS voice is service over EPS in the PLMN, or whether VoNR is supported for IMS voice in the PLMN. The new indication may be included in the REGISTRATION ACCEPT message in step S420 (e.g., “VoPS served over EPS only” or “EPS to be enabled for VoPS”, or “EPS FB supported” in the 5GS network feature support IE));
register IMS service via a second N1 interface (Figure 4 and Paragraphs 0062 and 0063; the UE selects an NG-RAN of a 5G network belonging to a PLMN and performs the registration procedure with the 5G network, by sending a REGISTRATION REQUEST message to the 5G network. The request may be for IMS voice over); and
operate in an N1 mode using the second N1 interface (Paragraph 0039; the mobile communication network 120 may provide a new indication to inform the UE 110 that IMS voice is serviced over EPS or VoNR is supported. Examiner asserts to UE communicates with 5GS via N1 interface).
Niemi does not explicitly teach a second access technology; register IMS service via a second N1 interface through an access network of the second access technology; and simultaneously maintain the first N1 interface and the second N1 interface. In an analogous art, Agarwal teaches a second access technology (Figures 3 and 4, Paragraphs 0064-0066; shift IMS registration from 5G BS to Wi-Fi device. Examiner asserts that Wi-Fi device is interpreted as a non-3GPP access network), register IMS service via a second N1 interface through an access network of the second access technology (Figures 3 and 4, Paragraphs 0064-0066; shifting the IMS registration from the 5G BS to the Wi-Fi device. The UE triggers VoWiFi call instead of performing the EPSFB from the NR BS); and simultaneously maintain the first N1 interface and the second N1 interface (Figure 4 and Paragraph 0065; the UE (100) is configured with a cellular preferred call setting over the Wi-Fi network, and the IMS is registered over New Radio (NR) BS, but the NR BS is not supported for Voice Over NR (VONR). The Wi-Fi device support Voice Over Wi-Fi (VOWiFi). In a cellular preferred mode, the IMS registration will be over the NR BS if the NR BS signal strength is strong, e.g., the signal strength of the NR BS is more than a minimum signal threshold. Paragraph 0066; upon triggering event, the UE identifies that the user is planning to initiate a voice call, and due to not supporting the VONR, the UE determine if RSRP of WiFI is strong, and shift IMS registration to WiFi. Examiner asserts that while shifting IMS registration to WiFi, the interface with New Radio (NR) is still maintained). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Niemi and Agarwal because it would enhance voice call performance by avoiding problems in existing voice call mechanisms (Agarwal, Paragraph 0008).
Regarding claim 21, claim 21 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1.
Regarding claim 29, Niemi teaches an apparatus (Figure 2 and Paragraph 0041; a UE) comprising:
processing circuitry (Figure 2 and Paragraph 0046; controller 20 may be a general-purpose processor, a Micro Control Unit (MCU), an application processor, a Digital Signal Processor (DSP), a Graphics Processing Unit (GPU), a Holographic Processing Unit (HPU), a Neural Processing Unit (NPU), or the like, which includes various circuits for providing the functions of data processing and computing, controlling the wireless transceiver) to:
disable an S1 interface (Figure 4 and Paragraph 0061; S1-mode capability (i.e., the E-UTRA capability) of the UE is initially disabled);
receive a registration accept message (Figure 4 and Paragraph 0063; the UE receives a REGISTRATION ACCEPT message from the 5G network. Specifically, the IMS-VoPS-3GPP indicator is set to “IMS voice over PS session not supported over 3GPP access” in 5GS network feature support IE of the REGISTRATION ACCEPT message. Figure 1 and Paragraph 0035; mobile communication network 120 is a 5G network (5GS), and access network 121 is a Next Generation Radio Access Network) to indicate that Internet protocol (IP) multimedia subsystem (IMS) service over a first access technology is not allowed (Figure 4 and Paragraph 0063; the UE receives a REGISTRATION ACCEPT message from the 5G network. Specifically, the IMS-VoPS-3GPP indicator is set to “IMS voice over PS session not supported over 3GPP access” in 5GS network feature support IE of the REGISTRATION ACCEPT message) and IMS service over a second network is allowed (Figure 4 and Paragraph 0064; the UE receives a new indication that IMS voice is service over EPS in the PLMN, or whether VoNR is supported for IMS voice in the PLMN. The new indication may be included in the REGISTRATION ACCEPT message in step S420 (e.g., “VoPS served over EPS only” or “EPS to be enabled for VoPS”, or “EPS FB supported” in the 5GS network feature support IE));
generate a registration request message to register IMS service (Figure 4 and Paragraphs 0062 and 0063; the UE selects an NG-RAN of a 5G network belonging to a PLMN and performs the registration procedure with the 5G network, by sending a REGISTRATION REQUEST message to the 5G network. The request may be for IMS voice over); and
operate in an N1 mode using the second N1 interface (Paragraph 0039; the mobile communication network 120 may provide a new indication to inform the UE 110 that IMS voice is serviced over EPS or VoNR is supported. Examiner asserts to UE communicates with 5GS via N1 interface); and
interface circuitry coupled with the processing circuitry (Figure 2 and Paragraph 0045; RF device 12 may receive RF wireless signals via antenna 13), the interface circuitry to:
receive the registration accept message via a first N1 interface through a next generation radio access network (NG-RAN) and provide the registration accept message to the processing circuitry (Figure 4 and Paragraph 0063; the UE receives a REGISTRATION ACCEPT message from the 5G network. Specifically, the IMS-VoPS-3GPP indicator is set to “IMS voice over PS session not supported over 3GPP access” in 5GS network feature support IE of the REGISTRATION ACCEPT message. Figure 1 and Paragraph 0035; mobile communication network 120 is a 5G network (5GS), and access network 121 is a Next Generation Radio Access Network); and
receive the registration request message from the processing circuiry (Figure 2 and Paragraph 0041; controller [processing circuitry] is in communication with wireless transceiver 10 [including baseband processing device 11 and RF device 112]) and output the registration request message for transmission (Figure 4 and Paragraphs 0062 and 0063; the UE selects an NG-RAN of a 5G network belonging to a PLMN and performs the registration procedure with the 5G network, by sending a REGISTRATION REQUEST message to the 5G network. The request may be for IMS voice over).
Niemi does not explicitly teach a second access technology; and simultaneously maintain the first N1 interface and the second N1 interface; and output the registration request message for transmission via a second N1 interface through an access network of the second access technology. In an analogous art, a second access technology (Figures 3 and 4, Paragraphs 0064-0066; shift IMS registration from 5G BS to Wi-Fi device. Examiner asserts that Wi-Fi device is interpreted as a non-3GPP access network); and simultaneously maintain the first N1 interface and the second N1 interface (Figure 4 and Paragraph 0065; the UE (100) is configured with a cellular preferred call setting over the Wi-Fi network, and the IMS is registered over New Radio (NR) BS, but the NR BS is not supported for Voice Over NR (VONR). The Wi-Fi device support Voice Over Wi-Fi (VOWiFi). In a cellular preferred mode, the IMS registration will be over the NR BS if the NR BS signal strength is strong, e.g., the signal strength of the NR BS is more than a minimum signal threshold. Paragraph 0066; upon triggering event, the UE identifies that the user is planning to initiate a voice call, and due to not supporting the VONR, the UE determine if RSRP of WiFI is strong, and shift IMS registration to WiFi. Examiner asserts that while shifting IMS registration to WiFi, the interface with New Radio (NR) is still maintained); and output the registration request message for transmission via a second N1 interface through an access network of the second access technology (Figures 3 and 4, Paragraphs 0064-0066; shifting the IMS registration from the 5G BS to the Wi-Fi device. The UE triggers VoWiFi call instead of performing the EPSFB from the NR BS). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Niemi and Agarwal because it would enhance voice call performance by avoiding problems in existing voice call mechanisms (Agarwal, Paragraph 0008).
Regarding claims 2, 22 and 30, the combination of Niemi and Agarwal teaches all of the limitations of claims 1, 21 and 29, as described above. Further, Niemi teaches start a timer based on disabling the S1 interface (Paragraph 0072; the indication may be received via a NAS configuration MO, such as a NAS configuration MO including a “NoEUTRADisablingIn5GS” leaf which indicates whether E-UTRA disabling in 5GS is disabled or enabled. Therefore “NoEUTRADisablingIn5GS” leaf indicates disable the E-UTRA [Examiner asserts the interface is S1] and timer T3402 is started).
Regarding claims 3, 23 and 31, the combination of Niemi and Agarwal teaches all of the limitations of claims 2, 22 and 30, as described above. Further, Niemi teaches operate in the N1 mode while the timer is running (Figure 4 and Paragraph 0062; the UE selects an NG-RAN of a 5G network belonging to a PLMN and performs the registration procedure with the 5G network, by sending a REGISTRATION REQUEST message to the 5G network. Examiner asserts that interface with 5G network is N1 mode using N1 interface).
Regarding claims 4, 24 and 32, the combination of Niemi and Agarwal teaches all of the limitations of claims 3, 23 and 31, as described above. Further, Niemi teaches wherein the timer is a T3402 timer (Paragraph 0072; timer T3402).
Regarding claims 5 and 25, the combination of Niemi and Agarwal teaches all of the limitations of claims 3 and 23, as described above. Further, Niemi teaches detect that the timer has expired; and transmit, based on said detection that the timer has expired, a registration request via the first N1 interface to re-enable the S1 interface (Paragraph 0072; T3402 [default value is 12 minutes]. Figure 4 and Paragraph 0065; the UE (re-)enables the S1-mode capability).
In addition, Agarwal teaches detect that the UE is out of a coverage area provided by the access network (Figure 5 and Paragraph 0068; the UE (100) checks whether the EUTRA signal strength is better than the Wi-Fi signal when the NR BS signal is met for the HO to the NR BS by determining whether the strength of signals received from the 4G BS is greater than the second threshold signal strength. Examiner asserts when the signal strength received from Wi-Fi signals is decreasing, it may be interpreted that the UE is near or out of coverage area provided by the WLAN); and transmit, based on said detection that the UE is out of a coverage area provided by the access network, a registration request via the first N1 interface to re-enable the S1 interface (Figure 5 and Paragraph 0068; if the EUTRA signal strength is better than the Wi-Fi signals and the expected threshold, the UE (100) initiates the ePDG HO to the NR BS, sends the MR to best LTE cell available for proper redirection by triggering the MR with the best LTE PCI information to aid network in proper redirection and avoid EPSFB to undesirable E-UTRA Absolute Radio Frequency Channel Number (EARFCN)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Niemi and Agarwal because it would enhance voice call performance by avoiding problems in existing voice call mechanisms (Agarwal, Paragraph 0008).
Regarding claims 7 and 27, the combination of Niemi and Agarwal teaches all of the limitations of claims 1 and 21, as described above. Further, Agarwal teaches access protocol data unit (PDU) or network slice session services via the first N1 interface (Paragraph 0025; establishing, by the UE, an internet Protocol Data Unit (PDU) session on the 5G BS. Examiner asserts interface to 5G BS may be N1 interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Niemi and Agarwal because it would enhance voice call performance by avoiding problems in existing voice call mechanisms (Agarwal, Paragraph 0008).
Regarding claims 8 and 28, the combination of Niemi and Agarwal teaches all of the limitations of claims 1 and 21, as described above. Further, Agarwal teaches access IMS services via the second N1 interface (Figure 4 and Paragraph 0066; the UE (100) immediately registers the IMS over the Wi-Fi device which takes less than one second in good Wi-Fi coverage. At operation 407, the UE (100) triggers VOWiFi call instead of performing the EPSFB from the NR BS. At operation 408, the UE (100) continues the VOWiFi call). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Niemi and Agarwal because it would enhance voice call performance by avoiding problems in existing voice call mechanisms (Agarwal, Paragraph 0008).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chaponniere et al. (US 20230014944 A1) discloses maintaining voice services using S1 mode and N1 mode based on modified timer.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jing Gao/
Examiner, Art Unit 2647
Prosecution Insights