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 .
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.
This action is responsive to the Appeal filed on 6/29/26.
Claim(s) 1-20 is/are presented for examination.
Claim Objections
Claim(s) 1-20 is/are unclear to the examiner; what does it mean by stating “monitoring, at a first time and after determining that the network is at least one of congested or overloaded, whether the network remains at least one of congested or overloaded”? the claim languages are not very clear at what condition the system would remains at congested or overload? What exactly is the claimed invention? To determine whether the network is congested? And then what? How does the system determine whether the network is congested? Please clarify
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.
Claim(s) 1-2, 9, 11-12, 116 & 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Huang, U.S. Pub/Patent No. US 2021/0068005 A1, and further in view of Ukil, U.S. Pub/Patent No. US 2018/0220294 A1.
As to claim 1, Huang teaches a method, comprising:
establishing, for a user equipment (UE) device, a data session via a network (Huang, page 3, paragraph 34; i.e., [0034] create and manage a new session for a particular UE 110. when bearers need to be added or modified for an existing session for the particular UE 110, when a connection to a new PGW);
determining whether the network is at least one of congested or overloaded (Huang, page 6, paragraph 61; i.e., [0061] determine whether a congestion condition is likely to occur with respect to eNodeB 220/gNodeB 310. For example, SCEF 295/NEF 358 may store a congestion threshold associated with eNodeB 220/gNodeB 310. Based on receiving the current information associated with eNodeB 220/gNodeB 310 and the congestion threshold associated with eNodeB 220/gNodeB 310, SCEF 295/NEF 358 may determine whether eNodeB 220/gNodeB 310 is likely to become congested); and
in response to determining that the network is at least one of congested or overloaded (Huang, page 3, paragraph 35; page 6, paragraph 61; i.e., [0035] whether UE 110 is capable of switching from NB-IoT mode to CAT-Ml mode; [0061] determine whether a congestion condition is likely to occur with respect to eNodeB 220/gNodeB 310. a congestion threshold associated with eNodeB 220/gNodeB 310. Based on receiving the current information associated with eNodeB 220/gNodeB 310 and the congestion threshold associated with eNodeB 220/gNodeB 310, SCEF 295/NEF 358 may determine whether eNodeB 220/gNodeB 310 is likely to become congested);
monitoring, at a first time and after determining that the network is at least one of congested or overloaded, whether the network remains at least one of congested or overloaded (Huang, page 5, paragraph 46; i.e., [0046] perform network function registration management, maintain service and/or session continuity by maintaining assignment of SMF 340 for ongoing sessions).
But Huang failed to teach the claim limitation wherein instructing the UE device to re-register for a Category M1 (Cat-M1) data session.
However, Ukil teaches the limitation wherein instructing the UE device to re-register for a Category M1 (Cat-M1) data session (Ukil, page 9, paragraph 97; i.e., [0097] if the network ( e.g., cell, BS 1104) supports the lower UE-category, such as Cat-M1 mode of operation, at 1114, the UE 1102 may switch UE category and, at 1116, re-register as the lower UE Category with the network. Based on the registration for the lower UE-category).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang to substitute RAN from Ukil for RAT from Huang to result in lower energy consumption and/or cheaper component cost (Ukil, page 1, paragraph 12).
As to claim 2, Huang teaches the method as recited claim 1, wherein instructing the UE device, in response to determining that the network does not remain at least one of congested or overloaded (Huang, page 3, paragraph 35; page 6, paragraph 61; i.e., [0035] whether UE 110 is capable of switching from NB-IoT mode to CAT-Ml mode; [0061] determine whether a congestion condition is likely to occur with respect to eNodeB 220/gNodeB 310. For example, SCEF 295/NEF 358 may store a congestion threshold associated with eNodeB 220/gNodeB 310. Based on receiving the current information associated with eNodeB 220/gNodeB 310 and the congestion threshold associated with eNodeB 220/gNodeB 310, SCEF 295/NEF 358 may determine whether eNodeB 220/gNodeB 310 is likely to become congested).
But Huang failed to teach the claim limitation wherein to re-register for the data session using a reduced capability radio access type (RAT).
However, Ukil teaches the limitation wherein to re-register for the data session using a reduced capability radio access type (RAT) (Ukil, page 9, paragraph 97; i.e., [0097] if the network ( e.g., cell, BS 1104) supports the lower UE-category, such as Cat-M1 mode of operation, at 1114, the UE 1102 may switch UE category and, at 1116, re-register as the lower UE Category with the network. Based on the registration for the lower UE-category).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang to substitute RAN from Ukil for RAT from Huang to result in lower energy consumption and/or cheaper component cost (Ukil, page 1, paragraph 12).
As to claim 9, Huang teaches the method as recited claim 1, wherein dynamically switching between a reduced capability data session mode and a Cat-M1 data session mode for the UE device based on network load conditions (Huang, page 3, paragraph 35; page 6, paragraph 61; i.e., [0035] whether UE 110 is capable of switching from NB-IoT mode to CAT-Ml mode; [0061] determine whether a congestion condition is likely to occur with respect to eNodeB 220/gNodeB 310. For example, SCEF 295/NEF 358 may store a congestion threshold associated with eNodeB 220/gNodeB 310. Based on receiving the current information associated with eNodeB 220/gNodeB 310 and the congestion threshold associated with eNodeB 220/gNodeB 310, SCEF 295/NEF 358 may determine whether eNodeB 220/gNodeB 310 is likely to become congested).
Claim(s) 11 & 18 is/are directed to a system and computer readable medium claims and they do not teach or further define over the limitations recited in claim(s) 1. Therefore, claim(s) 11 & 18 is/are also rejected for similar reasons set forth in claim(s) 1.
Claim(s) 12, 16 & 19, 20 is/are directed to a system and computer readable medium claims and they do not teach or further define over the limitations recited in claim(s) 2, 9. Therefore, claim(s) 12, 16 & 19, 20 is/are also rejected for similar reasons set forth in claim(s) 2, 9.
Claim(s) 3-8, 10, 13-15 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Huang, U.S. Pub/Patent No. US 2021/0068005 A1, and further in view of Ukil, U.S. Pub/Patent No. US 2018/0220294 A1, and further in view of Sharma, U.S. Patent/Pub. No. US 2024/0298252 A1.
As to claim 3, Huang-Ukil teaches the method as recited claim 1. But Huang-Ukil failed to teach the claim limitation wherein requesting information, by an access and mobility management function (AMF), from a network data analytics function (NWDAF).
However, Sharma teaches the limitation wherein requesting information, by an access and mobility management function (AMF), from a network data analytics function (NWDAF) (Sharma, page 6, paragraph 57; i.e., [0057] AMF and NWDAF).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
As to claim 4, Huang-Ukil-Sharma teaches the method as recited claim 3. But Huang-Ukil failed to teach the claim limitation wherein receiving by the AMF, and from the NWDAF, information associated with network load conditions, and determining whether the network is at least one of congested or overloaded based on the information received from the NWDAF.
However, Sharma teaches the limitation wherein receiving by the AMF, and from the NWDAF, information associated with network load conditions, and determining whether the network is at least one of congested or overloaded based on the information received from the NWDAF (Sharma, page 5, table 2).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
As to claim 5, Huang-Ukil teaches the method as recited claim 1. But Huang-Ukil failed to teach the claim limitation wherein the data session corresponds to a reduced capability data session.
However, Sharma teaches the limitation wherein the data session corresponds to a reduced capability data session (Sharma, page 4, paragraph 43-44; i.e., [0043] first AMF/UPF 230 is allocated for RedCap devices).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
As to claim 6, Huang-Ukil teaches the method as recited claim 1. But Huang-Ukil failed to teach the claim limitation wherein determining whether the UE device is located in an area that supports a reduced capability RAT, and wherein the establishing a data session comprises: establishing a reduced capability data session, in response to determining that the UE device is located in an area that supports the reduced capability RAT.
However, Sharma teaches the limitation wherein determining whether the UE device is located in an area that supports a reduced capability RAT, and wherein the establishing a data session comprises: establishing a reduced capability data session, in response to determining that the UE device is located in an area that supports the reduced capability RAT (Sharma, page 4, paragraph 43-44; i.e., [0043] first AMF/UPF 230 is allocated for RedCap devices).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
As to claim 7, Huang-Ukil teaches the method as recited claim 1, wherein determining, by the AMF and in response to determining that the network is at least one of congested or overloaded, whether the UE device is capable of reduced capability communications and Cat-M1 communications ((Huang, page 3, paragraph 35; page 6, paragraph 61; i.e., [0035] whether UE 110 is capable of switching from NB-IoT mode to CAT-Ml mode; [0061] determine whether a congestion condition is likely to occur with respect to eNodeB 220/gNodeB 310. For example, SCEF 295/NEF 358 may store a congestion threshold associated with eNodeB 220/gNodeB 310. Based on receiving the current information associated with eNodeB 220/gNodeB 310 and the congestion threshold associated with eNodeB 220/gNodeB 310, SCEF 295/NEF 358 may determine whether eNodeB 220/gNodeB 310 is likely to become congested).
But Huang-Ukil failed to teach the claim limitation wherein receiving, by an access and mobility management function (AMF), a registration request from a user equipment (UE) device.
However, Sharma teaches the limitation wherein receiving, by an access and mobility management function (AMF), a registration request from a user equipment (UE) device (Sharma, page 6, paragraph 53; i.e., [0053] overload status received from AMF, and AMF capacity information received over N2 interface).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
As to claim 8, Huang-Ukil-Sharma teaches the method as recited claim 7. But Huang-Ukil failed to teach the claim limitation wherein obtaining, from a unified data management (UDM) device or a unified data repository (UDR), subscriber-related information associated with the UE device, wherein the subscriber-related information indicates whether the UE device is capable of Cat-M1 communications.
However, Sharma teaches the limitation wherein obtaining, from a unified data management (UDM) device or a unified data repository (UDR), subscriber-related information associated with the UE device, wherein the subscriber-related information indicates whether the UE device is capable of Cat-M1 communications (Sharma, page 4, paragraph 40; i.e., [0040] UDM and UDR).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
As to claim 10, Huang-Ukil teaches the method as recited claim 1. But Huang-Ukil failed to teach the claim limitation wherein determining data usage by the UE device; determining whether to instruct the UE device to re-register for a Cat-M1 data session based on the data usage.
However, Ukil teaches the limitation wherein instructing the UE device to re-register for a Category M1 (Cat-M1) data session (Ukil, page 9, paragraph 97; i.e., [0097] if the network ( e.g., cell, BS 1104) supports the lower UE-category, such as Cat-M1 mode of operation, at 1114, the UE 1102 may switch UE category and, at 1116, re-register as the lower UE Category with the network. Based on the registration for the lower UE-category).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang to substitute RAN from Ukil for RAT from Huang to result in lower energy consumption and/or cheaper component cost (Ukil, page 1, paragraph 12).
However, Sharma teaches the limitation wherein determining data usage by the UE device (Sharma, page 6, paragraph 58; i.e., [0058] dynamically balance usage).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Huang-Ukil to substitute DPF from Sharma for C plane from Huang-Ukil enabled services isolation for greater flexibility, programmability, reliability, and quality of service (Sharma, page 1, paragraph 6).
Claim(s) 13, 14, 15, 17 is/are directed to a system claims and they do not teach or further define over the limitations recited in claim(s) 3-4, 6, 8, 10. Therefore, claim(s) 13, 14, 15, 17 is/are also rejected for similar reasons set forth in claim(s) 3-4, 6, 8, 10.
Listing of Relevant Arts
Huang, U.S. Patent/Pub. No. US 20210068005 A1 discloses congestion and registration the CAT-M1 mode.
Zhang, U.S. Patent/Pub. No. US 10841791 B1 discloses communication network and registration of the CAT-M1 mode.
Contact Information
The present application is being examined under the pre-AIA first to invent provisions.
THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THUONG NGUYEN/Primary Examiner, Art Unit 2416