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
a. Claims 1-20 in the present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA :
- claims 1, 10, 11, and 20 are amended
- claims 2 and 12 are canceled
b. This is a final action on the merits based on Applicant’s claims submitted on 01/28/2026.
Response to Arguments
Regarding claim 20 previously rejected under 35 U.S.C. § 101, claim 20 has been amended according to the examiner's recommendation and thus the previous rejection has been withdrawn.
Regarding claims 1-20 previously rejected under 35 U.S.C. § 103, Applicant's arguments, see “Youn does not disclose the specific transient condition where user plane resources are "being established by the network but are not yet established" on the second access, nor does Youn disclose the UE proactively sending a "not inactive" status in mobility signaling specifically to protect the ongoing establishment of that second leg.” on page 8, filed on 01/28/2026, with respect to U.S. Pat. Pub. No. 2022/0132454 ("Youn") in view of WO2021/025890 ("Won"), have been fully considered but are moot, over the limitations of “a mobility management signaling during the establishment of the user plane resources for the second access is ongoing”. Said limitations are newly added to the amended Claims 1, 11, and 20 and have been addressed in instant office action, as shown in section 35 USC 102 and 103 rejections below, with newly identified prior art teaching from newly found reference Lin et al. US Pub 2022/0046742 (hereinafter “Lin”), thus rendering said Applicant’s arguments moot.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1, 11, and 20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claims 1, 11, and 20 recite the limitation “the second access” in “wherein the UE is registered in a same network over the first access and the second access” (underlined emphasis). There is insufficient antecedent basis for this limitation in the claims. The Examiner suggests that this sentence be modified as such to overcome this 112(b) rejection: “wherein the UE is registered in a same network over the first access and [[the]] a second access”. Appropriate correction is required.
Claims 2-10 depend on claim 1; claims 12-19 depend on claim 11; therefore claims 2-10 and 12-19 are also rejected under 112(b) for failing to cure the deficiencies of their respective parent claims 1 and 11.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-6, 8-11, 13-16, 18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin et al. US Pub 2022/0046742 (hereinafter “Lin”).
Regarding claim 1 (Currently Amended)
Lin discloses a method of wireless communication of a user equipment (UE) (“A method of handling multi-access (MA) Protocol data unit (PDU) session state synchronization is proposed.” [0008]; Fig. 1), comprising:
establishing user plane resources over a second access in response to establishing a multi-access protocol data unit (MA PDU) session over a first access (“FIG. 4 is a sequence chart between UE and network for synchronizing MA PDU session state using a PDU session status IE. In step 411, UE 401 registers with the 5GS network over 3GPP access type. For example, upon sending a registration request, UE 401 receives a registration accept message from AMF of the 5GS network. In step 412, UE 401 registers with the 5GS network over non-3GPP access type.” [0037]; Fig. 4), wherein the UE is registered in a same network (“the UE and network can support Access Traffic Steering Switching and Splitting (ATSSS) functionalities to distribute traffic over 3GPP access and non-3GPP access for the established MA PDU session.” [0005]) over the first access (i.e. “3GPP access”) and the second access (i.e. “non-3GPP access”);
determining that the establishment of the MA PDU session is completed over the first access and that the establishment of the user plane resources is ongoing for the second access (“In the example of FIG. 4, in step 414, UE 401 receives a 5GMM message containing a PDU session status IE for PSI=5 from the network, via 3GPP access, or via non-3GPP access. The PDU session status IE indicates that the user plane resources for PSI=5 are not established on the access type that the 5GMM message is sent over. In step 421, UE 401 determines whether the user plane resources for PSI=5 are established at the UE side.” [0037]), wherein determining that the establishment of the user plane resources is ongoing for the second access comprises determining that the user plane resources for the second access for the MA PDU session are being established by the network but are not yet established (“FIG. 4 is a sequence chart between UE and network for synchronizing MA PDU session state using a PDU session status IE. In step 411, UE 401 registers with the 5GS network over 3GPP access type. For example, upon sending a registration request, UE 401 receives a registration accept message from AMF of the 5GS network. In step 412, UE 401 registers with the 5GS network over non-3GPP access type.” [0037]; Fig. 4); and
in response to determining that the establishment of the MA PDU session is completed over the first access and that the establishment of the user plane resources is ongoing for the second access, sending, over the second access, a mobility management signaling during the establishment of the user plane resources for the second access is ongoing (“In step 413, UE 401 establishes an MA PDU with PSI=5 with the 5GS network over both 3GPP and non-3GPP access. Later on, the MA PDU session state might have changed, at UE side or at the network side, due to various usage scenarios. In order to sync between the UE and the network, a PDU session status IE can be used, in a SERVICE REQUEST/ACCEPT, or in a REGISTRATION REQUEST/ACCEPT 5GMM message.” [0037]), including an indication indicating that the MA PDU session is in a state other than an inactive state (“In the uplink, the PDU session status IE may be included in a 5GMM message (e.g., a SERVICE REQUEST message, or a REGISTRATION REQUEST message) to indicate the MA PDU session(s) not in 5GSM state PDU SESSION INACTIVE and whether user plane resources are established or not in the UE on the access the 5GMM message is sent over.” [0036]).
Regarding claim 3
Lin previously discloses the method of claim 1,
Lin further discloses wherein the first access is a 3GPP access, and the second access is a non-3GPP access (“In 5GS, UEs that can be simultaneously connected to both 3GPP access and non-3GPP access (using 3GPP NAS signalling)” [0005]).
Regarding claim 4
Lin previously discloses the method of claim 1,
Lin further discloses wherein the first access is a non-3GPP access, and the second access is a 3GPP access (“In 5GS, UEs that can be simultaneously connected to both 3GPP access and non-3GPP access (using 3GPP NAS signalling)” [0005]).
Regarding claim 5
Lin previously discloses the method of claim 1,
Lin further discloses wherein the mobility management signaling (i.e. “5GMM”) comprises a registration request message (“the PDU session status IE may be included in a 5GMM message (e.g., a SERVICE REQUEST message, or a REGISTRATION REQUEST message)” [0036]).
Regarding claim 6
Lin previously discloses the method of claim 5,
Lin further discloses wherein the registration request message includes a PDU session status information element (“PDU session status IE”) indicating the MA PDU session is in a not inactive state (“In the uplink, the PDU session status IE may be included in a 5GMM message (e.g., a SERVICE REQUEST message, or a REGISTRATION REQUEST message) to indicate the MA PDU session(s) not in 5GSM state PDU SESSION INACTIVE and whether user plane resources are established or not in the UE on the access the 5GMM message is sent over.” [0036]).
Regarding claim 8
Lin previously discloses the method of claim 1,
Lin further discloses wherein a peer entity receiving the mobility management signaling (i.e. “5GMM”) comprises a network entity or the UE (“UE receives a PDU session status IE included in a 5GMM message from the network over a specific access type” [0033]).
Regarding claim 9
Lin previously discloses the method of claim 8,
Lin further discloses wherein the peer entity by receiving the mobility management signaling is prevented from releasing the PDU session (“In the example of FIG. 4, in step 414, UE 401 receives a 5GMM message containing a PDU session status IE for PSI=5 from the network, via 3GPP access, or via non-3GPP access. The PDU session status IE indicates that the user plane resources for PSI=5 are not established on the access type that the 5GMM message is sent over. In step 421, UE 401 determines whether the user plane resources for PSI=5 are established at the UE side. In step 422, UE local releases the MA PDU session of PSI=5 if the user plane resources are only established on the access type that the 5GMM message is sent over.” [0037]), wherein the user plane resources are being established or established on a peer entity side (“Otherwise, UE 401 local releases the user plane resources for PSI=5 if the user plane resources are established over both 3GPP and non-3GPP access types. Local release means that the UE does not inform the network or does not send a request to the network about such release.” [0037]).
Regarding claim 10 (Currently Amended)
Lin previously discloses the method of claim 1, further comprising:
Lin further discloses receiving a PDU session establishment accept message on the first access prior to determining that the establishment of the MA PDU session is completed over on the first access (“In the downlink, the PDU session status IE may be included in the 5GMM message (e.g., a SERVICE ACCEPT message, or a REGISTRATION ACCEPT message) to indicate the MA PDU session(s) not in 5GSM state PDU SESSION INACTIVE and whether user plane resources are established or not in the network on the access the 5GMM message is sent over.” [0036]; Fig. 4) and that the establishment of the user plane resources is ongoing for on the second access, the PDU session establishment accept message indicating establishment of user plane resources for the MA PDU session on the first access (“The PDU session status IE carries one or more PDU session IDs (PSIs) that identifies the corresponding one or more MA PDU sessions. In the uplink, the PDU session status IE may be included in a 5GMM message (e.g., a SERVICE REQUEST message, or a REGISTRATION REQUEST message) to indicate the MA PDU session(s) not in 5GSM state PDU SESSION INACTIVE and whether user plane resources are established or not in the UE on the access the 5GMM message is sent over.” [0036]; Fig. 4).
Regarding claim 11 (Currently Amended)
Lin discloses an apparatus for wireless communication, the apparatus being a user equipment (UE) (“UE 201” in Fig. 2; [0031]), comprising:
a memory (“memory 202” in Fig. 2; [0031]); and
at least one processor (“processor 203” in Fig. 2; [0031]) coupled to the memory and configured to:
establish user plane resources over a second access in response to establishing a multi-access protocol data unit (MA PDU) session over a first access, wherein the UE is registered in a same network over the first access and the second access;
determine that the establishment of the MA PDU session is completed over the first access and that the establishment of the user plane resources is ongoing for the second access, wherein determining that the establishment of the user plane resources is ongoing for the second access comprises determining that the user plane resources for the second access for the MA PDU session are being established by the network but are not yet established; and
in response to determining that the establishment of the MA PDU session is completed over the first access and that the establishment of the user plane resources is ongoing for the second access, send, over the second access, a mobility management signaling during the establishment of the user plane resources for the second access is ongoing, including an indication indicating that the MA PDU session is in a state other than an inactive state.
The scope and subject matter of apparatus claim 11 is drawn to the apparatus of using the corresponding method claimed in claim 1. Therefore apparatus claim 11 corresponds to method claim 1 and is rejected for the same reasons of anticipation as used in claim 1 rejection above.
Regarding claim 13
The apparatus of claim 11, wherein the first access is a 3GPP access, and the second access is a non-3GPP access.
The scope and subject matter of apparatus claim 13 is drawn to the apparatus of using the corresponding method claimed in claim 3. Therefore apparatus claim 13 corresponds to method claim 3 and is rejected for the same reasons of anticipation as used in claim 3 rejection above.
Regarding claim 14
The apparatus of claim 11, wherein the first access is a non-3GPP access, and the second access is a 3GPP access.
The scope and subject matter of apparatus claim 14 is drawn to the apparatus of using the corresponding method claimed in claim 4. Therefore apparatus claim 14 corresponds to method claim 4 and is rejected for the same reasons of anticipation as used in claim 4 rejection above.
Regarding claim 15
The apparatus of claim 11, wherein the mobility management signaling comprises a registration request message.
The scope and subject matter of apparatus claim 15 is drawn to the apparatus of using the corresponding method claimed in claim 5. Therefore apparatus claim 15 corresponds to method claim 5 and is rejected for the same reasons of anticipation as used in claim 5 rejection above.
Regarding claim 16
The apparatus of claim 15, wherein the registration request message includes a PDU session status information element indicating the MA PDU session is in a not inactive state.
The scope and subject matter of apparatus claim 16 is drawn to the apparatus of using the corresponding method claimed in claim 6. Therefore apparatus claim 16 corresponds to method claim 6 and is rejected for the same reasons of anticipation as used in claim 6 rejection above.
Regarding claim 18
The apparatus of claim 11, wherein a peer entity receiving the mobility management signaling comprises a network entity or the UE.
The scope and subject matter of apparatus claim 18 is drawn to the apparatus of using the corresponding method claimed in claim 8. Therefore apparatus claim 18 corresponds to method claim 8 and is rejected for the same reasons of anticipation as used in claim 8 rejection above.
Regarding claim 19
The apparatus of claim 18, wherein the peer entity by receiving the mobility management signaling is prevented from releasing the PDU session, wherein the user plane resources are being established or established on a peer entity side.
The scope and subject matter of apparatus claim 19 is drawn to the apparatus of using the corresponding method claimed in claim 9. Therefore apparatus claim 19 corresponds to method claim 9 and is rejected for the same reasons of anticipation as used in claim 9 rejection above.
Regarding claim 20 (Currently Amended)
A non-transitory computer-readable medium storing computer executable code for wireless communication of a user equipment (UE), comprising code to:
establish user plane resources over a second access in response to establishing a multi-access protocol data unit (MA PDU) session over a first access, wherein the UE is registered in a same network over the first access and the second access;
determine that the establishment of the MA PDU session is completed over the first access and that the establishment of the user plane resources is ongoing for the second access, wherein determining that the establishment of the user plane resources is ongoing for the second access comprises determining that the user plane resources for the second access for the MA PDU session are being established by the network but are not yet established; and
in response to determining that the establishment of the MA PDU session is completed over the first access and that the establishment of the user plane resources is ongoing for the second access, send, over the second access, a mobility management signaling during the establishment of the user plane resources for the second access is ongoing, including an indication indicating that the MA PDU session is in a state other than an inactive state.
The scope and subject matter of non-transitory computer readable medium claim 20 is drawn to the computer program product of using the corresponding method claimed in claim 1. Therefore computer program product claim 20 corresponds to method claim 1 and is rejected for the same reasons of anticipation as used in claim 1 rejection above.
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 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.
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.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. US Pub 2022/0046742 (hereinafter “Lin”), and in view of Won US Pub 2021/0250890 (hereinafter “Won”).
Regarding claim 7
Lin previously discloses the method of claim 1,
Lin further discloses wherein the mobility management signaling is a 5GMM uplink message (“Similarly, in the uplink, the PDU session status IE is included in a 5GMM message (e.g., REGISTRATION REQUEST or SERVICE REQUEST) sent from UE to NW over an access type” [0009]), a 5GMM downlink message (“In the downlink, UE 101 receives a PDU session status IE included in a 5G mobility management (5GMM) message (e.g., REGISTRATION ACCEPT or SERVICE ACCEPT) sent from NW over an access type (step 131).” [0028]),
Lin does not specifically teach an EMM uplink message, or an EMM downlink message.
In an analogous art, Won discloses an EMM uplink message, or an EMM downlink message (“In some embodiments, if the UE included in the REGISTRATION REQUEST message the UE status information IE with the enterprise mobility management (EMM) registration status set to “UE is in EMM-REGISTERED state”” [0374]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Lin’s MA (Multi Access) PDU (Protocol Data Unit) session, to include Won’s method for handling PDU session requests, in order to effectively manage resources release (Won [0006]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Won’s method for handling PDU session requests into Lin’s MA (Multi Access) PDU (Protocol Data Unit) session since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 17
The apparatus of claim 11, wherein the mobility management signaling is a 5GMM uplink message, a 5SGMM downlink message, an EMM uplink message, or an EMM downlink message.
The scope and subject matter of apparatus claim 17 is drawn to the apparatus of using the corresponding method claimed in claim 7. Therefore apparatus claim 17 corresponds to method claim 7 and is rejected for the same reasons of obviousness as used in claim 7 rejection above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG M NGUYEN whose telephone number is (571)272-8184. The examiner can normally be reached M-F 10:00am - 6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUONG M NGUYEN/Primary Examiner, Art Unit 2411
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