DETAILED ACTION
Applicant's submission filed on 4 March 2026 has been entered. Claims 1, 4-8, 11-15, and 18-20 are currently amended; no claims are cancelled; claims 2, 3, 9, 10, 16, and 17 are previously presented; no claims have been added. Claims 1-20 are pending and ready for examination.
Response to Arguments
Applicant’s arguments, see page 11, filed 4 March 2026, with respect to “Double Patenting” have been fully considered and the examiner notes the applicant’s submission of a terminal disclaimer overcomes the rejection.
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection.
Claim Objections
Claims 1, 8, and 15 are objected to because of the following informalities: the claims reference an acronym that is not properly defined in the claims. This acronym is SD-WAN, which should follow a similar syntax that the applicant used in their amended claim limitation to use the acronym ATG which is properly denoted as “air-to-ground (ATG)” in the amended claims. Appropriate correction is required.
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.
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.
Claims 1, 2, 4-9, 11-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Claasen et al. (US 2017/0230877 A1), hereafter referred Claasen, in view of Chiba et al. (US 2020/0053615 A1), hereafter referred Chiba, further in view of Condoluci et al. (US 2021/0153078 A1), hereafter referred Condoluci.
Regarding claim 1, Claasen teaches a computer-implemented method comprising:
establishing a first communication tunnel between an SD-WAN router and a first SD-WAN gateway via a first air-to-ground (ATG) gateway (Claasen, Fig. 1-2, [0027]-[0033]; terminal attaches to the network, such as an aircraft using an LTE based Air-to-Ground (ATG) network and select a serving cell according to a best available base station where a tunnel is formed between PGW and SGW via the base station, where the tunnel is referred as the S5 tunnel);
after establishing the first communication tunnel and using a modem of the terminal to communicate through the first communication tunnel via the first ATG gateway, determining that the modem has switched to communicate with a second ATG gateway that is different from the first ATG gateway (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
in response to determining the modem is communicating with the second ATG gateway, selecting a second SD-WAN gateway from a set of multiple SD-WAN gateways based on a relationship between the second ATG gateway and the second SD-WAN gateway (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
determining whether one or more criteria for establishing an additional communication tunnel have been satisfied (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored); and
in response to determining that the one or more criteria for establishing an additional communication tunnel have been satisfied, establishing a second communication tunnel between the SD-WAN router and the second SD-WAN gateway while maintaining the first communication tunnel, such that the terminal is configured to provide data through the second communication tunnel via the second ATG gateway and concurrently provide data through the first communication tunnel via the first ATG gateway (Claasen, Fig. 3-6, [0035]-[0071]; before handover from base station 1 to base station 2, the terminal is served by SGW 1 and PGW 1 where a GTP tunnel between SGW1 and PGW1 is used. A S1 or X2 handover with SGW relocation triggers a GTP tunnel between the new SGW and existing PGW to be established, where prior to a determination that the handover has completed successfully, the first GTP tunnel between SGW1 and PGW1 and the second GTP tunnel between SGW2 and PGW1 are both active and used for user traffic).
While Claasen teaches its method in the context of 3GPP and LTE technology (Claasen, [0027]), Claasen does not expressly teach that 5G technology enables the terminal to perform functions that previously were performed by the MME.
However, Chiba teaches 5G technology enables the terminal to perform functions that previously were performed by the MME (Chiba, [0006]-[0007] and [0044]-[0045]; in NextGen systems like 5G, the PDN connection may be a connection established by the UE between the UE and PGW via an eNB and a SGW).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen to include the above recited limitations as taught by Chiba in order to accommodate a terminal connected to various access networks and communicate various user data (Chiba, [0016]).
Claasen in view of Chiba does not expressly teach wherein the one or more criteria comprise at least one of (i) the relationship between the second ATG gateway and the second SD-WAN gateway is maintained for at least a minimum amount of time, or (ii) the SD-WAN router has been registered to the second SD-WAN gateway for at least a minimum amount of time.
However, Condoluci teaches wherein the one or more criteria comprise at least one of (i) the relationship between the second ATG gateway and the second SD-WAN gateway is maintained for at least a minimum amount of time, or (ii) the SD-WAN router has been registered to the second SD-WAN gateway for at least a minimum amount of time (Condoluci, [0088]; when deciding whether to trigger a bearer adjustment, the PCF/SMF/RAN can compute whether the adjustment is expected to be kept for a time interval at least equal to the minimum bearer duration).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen in view of Chiba to include the above recited limitations as taught by Condoluci in order to allow the network to compute how long the changes in the bearer configuration are expected to be kept (Condoluci, [0088]).
Regarding claim 8, Claasen teaches a system comprising:
one or more computers and one or more storage devices storing instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations (Claasen, Fig. 7, [0072]-[0076]; the apparatus may include processing circuitry of a computer and the processing circuitry can execute software commands) comprising:
establishing a first communication tunnel between an SD-WAN router and a first SD-WAN gateway via a first air-to-ground (ATG) gateway (Claasen, Fig. 1-2, [0027]-[0033]; terminal attaches to the network, such as an aircraft using an LTE based Air-to-Ground (ATG) network and select a serving cell according to a best available base station where a tunnel is formed between PGW and SGW via the base station, where the tunnel is referred as the S5 tunnel);
after establishing the first communication tunnel and using a modem of the terminal to communicate through the first communication tunnel via the first ATG gateway, determining that the modem has switched to communicate with a second ATG gateway that is different from the first ATG gateway (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
in response to determining the modem is communicating with the second ATG gateway, selecting a second SD-WAN gateway from a set of multiple SD-WAN gateways based on a relationship between the second ATG gateway and the second SD-WAN gateway (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
determining whether one or more criteria for establishing an additional communication tunnel have been satisfied (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored); and
in response to determining that the one or more criteria for establishing an additional communication tunnel have been satisfied, establishing a second communication tunnel between the SD-WAN router and the second SD-WAN gateway while maintaining the first communication tunnel, such that the terminal is configured to provide data through the second communication tunnel via the second ATG gateway and concurrently provide data through the first communication tunnel via the first ATG gateway (Claasen, Fig. 3-6, [0035]-[0071]; before handover from base station 1 to base station 2, the terminal is served by SGW 1 and PGW 1 where a GTP tunnel between SGW1 and PGW1 is used. A S1 or X2 handover with SGW relocation triggers a GTP tunnel between the new SGW and existing PGW to be established, where prior to a determination that the handover has completed successfully, the first GTP tunnel between SGW1 and PGW1 and the second GTP tunnel between SGW2 and PGW1 are both active and used for user traffic).
While Claasen teaches its method in the context of 3GPP and LTE technology (Claasen, [0027]), Claasen does not expressly teach that 5G technology enables the terminal to perform functions that previously were performed by the MME.
However, Chiba teaches 5G technology enables the terminal to perform functions that previously were performed by the MME (Chiba, [0006]-[0007] and [0044]-[0045]; in NextGen systems like 5G, the PDN connection may be a connection established by the UE between the UE and PGW via an eNB and a SGW).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen to include the above recited limitations as taught by Chiba in order to accommodate a terminal connected to various access networks and communicate various user data (Chiba, [0016]).
Claasen in view of Chiba does not expressly teach wherein the one or more criteria comprise at least one of (i) the relationship between the second ATG gateway and the second SD-WAN gateway is maintained for at least a minimum amount of time, or (ii) the SD-WAN router has been registered to the second SD-WAN gateway for at least a minimum amount of time.
However, Condoluci teaches wherein the one or more criteria comprise at least one of (i) the relationship between the second ATG gateway and the second SD-WAN gateway is maintained for at least a minimum amount of time, or (ii) the SD-WAN router has been registered to the second SD-WAN gateway for at least a minimum amount of time (Condoluci, [0088]; when deciding whether to trigger a bearer adjustment, the PCF/SMF/RAN can compute whether the adjustment is expected to be kept for a time interval at least equal to the minimum bearer duration).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen in view of Chiba to include the above recited limitations as taught by Condoluci in order to allow the network to compute how long the changes in the bearer configuration are expected to be kept (Condoluci, [0088]).
Regarding claim 15, Claasen teaches one or more non-transitory computer-readable media storing software comprising instructions that are operable, when executed by one or more computers, to cause the one or more computers to perform operations (Claasen, Fig. 7, [0072]-[0076]; the apparatus may include processing circuitry of a computer and the processing circuitry can execute software commands) comprising:
establishing a first communication tunnel between an SD-WAN router and a first SD-WAN gateway via a first air-to-ground (ATG) gateway (Claasen, Fig. 1-2, [0027]-[0033]; terminal attaches to the network, such as an aircraft using an LTE based Air-to-Ground (ATG) network and select a serving cell according to a best available base station where a tunnel is formed between PGW and SGW via the base station, where the tunnel is referred as the S5 tunnel);
after establishing the first communication tunnel and using a modem of the terminal to communicate through the first communication tunnel via the first ATG gateway, determining that the modem has switched to communicate with a second ATG gateway that is different from the first ATG gateway (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
in response to determining the modem is communicating with the second ATG gateway, selecting a second SD-WAN gateway from a set of multiple SD-WAN gateways based on a relationship between the second ATG gateway and the second SD-WAN gateway (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
determining whether one or more criteria for establishing an additional communication tunnel have been satisfied (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored); and
in response to determining that the one or more criteria for establishing an additional communication tunnel have been satisfied, establishing a second communication tunnel between the SD-WAN router and the second SD-WAN gateway while maintaining the first communication tunnel, such that the terminal is configured to provide data through the second communication tunnel via the second ATG gateway and concurrently provide data through the first communication tunnel via the first ATG gateway (Claasen, Fig. 3-6, [0035]-[0071]; before handover from base station 1 to base station 2, the terminal is served by SGW 1 and PGW 1 where a GTP tunnel between SGW1 and PGW1 is used. A S1 or X2 handover with SGW relocation triggers a GTP tunnel between the new SGW and existing PGW to be established, where prior to a determination that the handover has completed successfully, the first GTP tunnel between SGW1 and PGW1 and the second GTP tunnel between SGW2 and PGW1 are both active and used for user traffic).
While Claasen teaches its method in the context of 3GPP and LTE technology (Claasen, [0027]), Claasen does not expressly teach that 5G technology enables the terminal to perform functions that previously were performed by the MME.
However, Chiba teaches 5G technology enables the terminal to perform functions that previously were performed by the MME (Chiba, [0006]-[0007] and [0044]-[0045]; in NextGen systems like 5G, the PDN connection may be a connection established by the UE between the UE and PGW via an eNB and a SGW).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen to include the above recited limitations as taught by Chiba in order to accommodate a terminal connected to various access networks and communicate various user data (Chiba, [0016]).
Claasen in view of Chiba does not expressly teach wherein the one or more criteria comprise at least one of (i) the relationship between the second ATG gateway and the second SD-WAN gateway is maintained for at least a minimum amount of time, or (ii) the SD-WAN router has been registered to the second SD-WAN gateway for at least a minimum amount of time.
However, Condoluci teaches wherein the one or more criteria comprise at least one of (i) the relationship between the second ATG gateway and the second SD-WAN gateway is maintained for at least a minimum amount of time, or (ii) the SD-WAN router has been registered to the second SD-WAN gateway for at least a minimum amount of time (Condoluci, [0088]; when deciding whether to trigger a bearer adjustment, the PCF/SMF/RAN can compute whether the adjustment is expected to be kept for a time interval at least equal to the minimum bearer duration).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen in view of Chiba to include the above recited limitations as taught by Condoluci in order to allow the network to compute how long the changes in the bearer configuration are expected to be kept (Condoluci, [0088]).
Regarding claims 2, 9, and 16, Claasen in view of Chiba further in view of Condoluci teaches the computer-implemented method of claim 1, the system of claim 8, and the one or more non-transitory computer-readable media of claim 15 above. Further, Claasen teaches comprising: after establishing the first communication tunnel and before establishing the second communication tunnel, establishing one or more first network connections between one or more client devices and one or more remote servers through the first communication tunnel (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored);
after establishing the second communication tunnel, establishing one or more second network connections between one or more client devices and one or more remote servers through the second communication tunnel; and concurrently communicating with the one or more first network connections on the first communication tunnel and the one or more second network connections on the second communication tunnel (Claasen, Fig. 3-6, [0035]-[0071]; before handover from base station 1 to base station 2, the terminal is served by SGW 1 and PGW 1 where a GTP tunnel between SGW1 and PGW1 is used. A S1 or X2 handover with SGW relocation triggers a GTP tunnel between the new SGW and existing PGW to be established, where prior to a determination that the handover has completed successfully, the first GTP tunnel between SGW1 and PGW1 and the second GTP tunnel between SGW2 and PGW1 are both active and used for user traffic).
Regarding claims 4, 11, and 18, Claasen in view of Chiba further in view of Condoluci teaches the computer-implemented method of claim 1, the system of claim 8, and the one or more non-transitory computer-readable media of claim 15 above. Further, Claasen teaches wherein determining that the modem has switched to communicate with the second ATG gateway that is different from the first ATG gateway comprises: determining that the modem of the terminal switched to communicate with the second ATG gateway due to a movement of the terminal from a first geographic location to a second geographic location (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored, where Fig. 2 discusses the aircraft for instance travel from New York to Los Angeles and changing SGWs in Missouri and New Mexico before finally reaching Los Angeles).
Regarding claims 5, 12, and 19, Claasen in view of Chiba further in view of Condoluci teaches the computer-implemented method of claim 1, the system of claim 8, and the one or more non-transitory computer-readable media of claim 15 above. Claasen in view of Chiba does not expressly teach wherein selecting the second SD-WAN gateway from the set of multiple SD-WAN gateways based on the relationship between the second ATG gateway and the second SD-WAN gateway comprises: for each SD-WAN gateway of the set of multiple SD-WAN gateways: determining a latency value according to a communication between the second ATG gateway and the SD-WAN gateway; and selecting the second SD-WAN gateway as the SD-WAN gateway whose latency value satisfies a second threshold value.
However, Condoluci teaches wherein selecting the second SD-WAN gateway from the set of multiple SD-WAN gateways based on the relationship between the second ATG gateway and the second SD-WAN gateway comprises:
for each SD-WAN gateway of the set of multiple SD-WAN gateways: determining a latency value according to a communication between the second ATG gateway and the SD-WAN gateway; and selecting the second SD-WAN gateway as the SD-WAN gateway whose latency value satisfies a second threshold value (Condoluci, [0079]-[0082]; the service may communicate exceptions such as if the exception indicates that the bearer should be adjusted if the latency is expected to be higher than 50% compared to the current packet delay budget and may still trigger the bearer adjustment subject to the constraint even if the latency increase is expected to last less than the minimum bearer duration).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen in view of Chiba to include the above recited limitations as taught by Condoluci in order to allow the network to compute how long the changes in the bearer configuration are expected to be kept (Condoluci, [0088]).
Regarding claims 6, 13, and 20, Claasen in view of Chiba further in view of Condoluci teaches the computer-implemented method of claim 1, the system of claim 8, and the one or more non-transitory computer-readable media of claim 15 above. Further, Claasen teaches wherein determining that the modem has switched to communicate with the second ATG gateway that is different from the first ATG gateway comprises determining that the modem has switched to communicate with the second ATG gateway that is different from the first ATG gateway due to a change of geographic location of the terminal (Claasen, Fig. 1-2, [0027]-[0033]; as the terminal travels across the network, it may handover between different base stations generally based on signal strength where the terminal may handover to a base station no longer supported by the initially assigned SGW, the S5 interface implements a re-location and user data is tunneled between the newly assigned SGW and the same PGW to which the terminal is anchored, where Fig. 2 discusses the aircraft for instance travel from New York to Los Angeles and changing SGWs in Missouri and New Mexico before finally reaching Los Angeles).
Regarding claims 7 and 14, Claasen in view of Chiba further in view of Condoluci teaches the computer-implemented method of claim 1 and the system of claim 8 above. Claasen in view of Chiba does not expressly teach wherein determining that the modem has switched to communicate with the second ATG gateway that is different from the first ATG gateway comprises monitoring a status of the modem over a period of time to detect a change in ATG gateway used by the modem.
However, Condoluci teaches wherein determining that the modem has switched to communicate with the second ATG gateway that is different from the first ATG gateway comprises monitoring a status of the modem over a period of time to detect a change in ATG gateway used by the modem (Condoluci, [0258]; the WD is capable of performing monitoring and measurements and transmit the results of such monitoring and measurements over a duration to the network including its operational status and its connectivity to the network).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen in view of Chiba to include the above recited limitations as taught by Condoluci in order to allow the network to compute how long the changes in the bearer configuration are expected to be kept (Condoluci, [0088]).
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Claasen in view of Chiba further in view of Condoluci as applied to claims 2, 9, and 16 above, and further in view of EP 3419334 B1, hereafter referred Shimojou.
Regarding claims 3, 10, and 17, Claasen in view of Chiba further in view of Condoluci teaches the computer-implemented method of claim 2, the system of claim 9, and the one or more non-transitory computer-readable media of claim 16 above. Claasen in view of Chiba further in view of Condoluci does not expressly teach selectively routing different types of traffic between (i) the first communication tunnel between the SD-WAN router, a first modem, and the first SD-WAN gateway and (ii) the second communication tunnel between the SD-WAN router, a second modem, and the second SD-WAN gateway, wherein a first type of traffic is routed over the one or more first network connections on the first communication tunnel and a second type of traffic is routed over the one or more second network connections on the second communication tunnel.
However, Shimojou teaches further comprising:
selectively routing different types of traffic between (i) the first communication tunnel between the SD-WAN router, a first modem, and the first SD-WAN gateway and (ii) the second communication tunnel between the SD-WAN router, a second modem, and the second SD-WAN gateway, wherein a first type of traffic is routed over the one or more first network connections on the first communication tunnel and a second type of traffic is routed over the one or more second network connections on the second communication tunnel (Shimojou, Fig. 6, [0053]-[0054]; establish a tunnel between the target eNB and the target SGW-U (step S11) then this tunnel is edited and a tunnel between the target SGW-U and the PGW-U is established and edited, and the tunnel between the source eNB and the source SGW-U is utilized in data forwarding).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Claasen in view of Chiba further in view of Condoluci to include the above recited limitations as taught by Shimojou in order to provide a gateway change method when handover occurs (Shimojou, [0009]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/R.M./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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