DETAILED ACTION
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 .
Response to Arguments
Applicant's arguments filed March 13, 2026 have been fully considered but they are not persuasive. The applicant argues that Zhu fails to disclose using IP routes to control traffic and further fails to disclose having an IP policy for controlling the traffic. The applicant also states the ATSSS functionality as taught in Zhu is fundamentally different from the way it used in the present invention (page 1 of applicant’s remarks).
The examiner, however, disagrees. At the outset, Zhu teaches the use of a Multiple Access Management Services (MAMS) programmable framework that provides for a flexible selection of network paths. MAMS provides similar functionality as the Access Traffic Switching, Steering, and Splitting (ATSSS) architecture (Multiple Access Management Services (MAMS) is a programmable framework that provides mechanisms for flexible selection of network paths… Additionally, the Third Generation Partnership Project (3GPP) Fifth Generation (5G) system architecture has been extended to support functionality similar to MAMS, which is referred to as Access Traffic Switching, Steering, and Splitting (ATSSS).) (0003); see also (0055). Thus, the MAMS system encompasses the ATSSS functionality as it offers the selection of paths by monitoring the traffic in the system (The MX server 140 (or “MAMS server 140”) provides MAMS-related user-plane (UP) functionalities and/or optimizations in the network 100. The MX server 140 handles aggregation of multiple network paths 105, 106, 107, and/or the forwarding of user data traffic across multiple network paths 105, 106, 107.) (0034).
Zhu teaches that various types of paths, including Internet protocol (IP) routes can be managed. MAMS handles the aggregation of multiple network paths for network optimization (The fixed AN node 111 connects the client 101 to the access network 110 via an access connection 105 that operates according to an access protocol (e.g., Ethernet, V.35, Universal Serial Bus (USB) and/or Ethernet over USB, Point-to-Point Protocol over Ethernet (PPPoE), Internet Protocol over Ethernet (IPoE), G.hn, DOCSIS, and/or the like). Here, the access connection 105 may include one or more wires (e.g., telephone wiring, coax, power lines, plastic and/or glass optical fibers, and/or the like), and the particular wires used may depend on the underlying AT and/or infrastructure.) (0037).
Further, network paths are selected (added) based on the traffic flow in the system based on defined policies (The MAMS framework coexists and complements the existing protocols by providing a way to negotiate and configure those protocols to match their use to a given MA scenario based on client and network capabilities, and the specific needs of each access network path. Further, the MAMS framework allows load balancing of the traffic flows across the selected access network paths, and the exchange of network state information to be used for network intelligence to optimize the performance of such protocols.) (0045); (The Multiple Access Management Services (MAMS) framework enables the smart selection and flexible combination of access and core network paths based on defined policies.) (0031).
It should also be noted that claims 2, 3, 12 and 13 were inadvertently placed under the 102 rejection section in the prior office action but were correctly rejected under 103.
Therefore, based on the above remarks, Zhu, taken individually or collectively, discloses the invention as presently claimed. A rejection to the claims is set forth below.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Zhu et al. (Zhu), U.S. Patent Pub. No. 2021/0409335.
Regarding claims 1 and 11, Zhu discloses a method and storage medium for enforcing Access Traffic Steering, Switching, and Splitting (ATSSS) functionality using Layer 3 of the OSI model for interfacing devices having both 3GPP and non-3GPP connectivity to a 3GPP network (Recently, a new Layer-3 solution (see e.g., Zhu et al., “User-Plane Protocols for Multiple Access Management Service,” draft-zhu-intarea-mams-user-protocol-09, IETA, INTAREA (4 Mar. 2020) (“[UPMAMS]”)) has been proposed to support multi-path management without such limitations and drawback. In this implementation, the addition control information for multi-path management (e.g., sequence number, etc.) is appended as a trailer at the end of IP packet.) (0039), comprising: adding IP routes to a destination of interest based on 3GPP connectivity and non-3GPP connectivity; and establishing conditions to be determined by an ATSSS engine according to a policy for determining the route or routes and the treatment of the traffic to be delivered (Multiple Access Management Services (MAMS) is a programmable framework that provides mechanisms for flexible selection of network paths in a multi-connection (access) communication environment based on application needs and/or requirements. The MAMS framework can be supported by an Edge computing system/network, such as ETSI MEC or the like. Additionally, the Third Generation Partnership Project (3GPP) Fifth Generation (5G) system architecture has been extended to support functionality similar to MAMS, which is referred to as Access Traffic Switching, Steering, and Splitting (ATSSS).) (abstract).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2, 3, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Palermo et al. (Palermo), U.S. Patent Pub. No. 2020/0125389.
Regarding claims 2 and 12, Zhu discloses the method and storage medium according to claims 1 and 11 as described above. Zhu, however, fails to disclose using Linux commands for enforcing the policies.
Palermo discloses traffic steering using Linux (PDU session control 328B, including configuring traffic steering at UPF 318 to route traffic to proper destination; control part of policy enforcement and QoS; or downlink data notification, among other functions.) (0080) and (Orchestrators (e.g., Ericsson SDI Controller, proprietary or open source SDI, Simple Linux “top” command where a system administrator or a person monitoring the network can make decsions regarding the thresholds based on observing the load via the top command) can be configured to move the Virtual Network Function (VNF) based on whether the predetermined threshold is met (e.g., as seen at graph 1406).) (0208).
Therefore, before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify Zhu with the teachings of Palermo as such would yield predictable results.
Regarding claims 3 and 13, Zhu as modified discloses wherein the Linux commands are configured to add, delete, or modify IP routes in one or more routing IP tables and manage route attributes present in different routing tables (0044).
Allowable Subject Matter
Claims 4-10 and 14-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 TEMICA M. BEAMER whose telephone number is (571)272-7797. The examiner can normally be reached Monday thru Friday; 9:00 AM to 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D. Anderson can be reached at 571-272-4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TEMICA M BEAMER/Primary Examiner, Art Unit 2646
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