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 virtue of the communication filed on 12/22/2023, wherein claims 1-20 are pending in the present application, claims 1, 10 being independent.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art
Double Patenting
The Examiner has reviewed the Application with respect to double patenting according to related patents US10,0841,844; US11,425,610; US11,856,464; US12,349,049 and has determined that no double patenting exists. The present Application is directed to a system which comprises a plurality of UPFs that serve as a gateway for UE to communicate with a remotely-hosted service; wherein the selection of UPFs that serves as the gateway for a particular UE is adjusted while the particular UE remains connected with the first cellular network. The invention of the present invention is further distinguished in that while connected with the first cellular network a MA PDU session is active that allows for communication to occur concurrently between the UE and the remotely-hosted service via an AP and UPF and while connected with a second cellular network distinct from the first cellular network, a single access PDU session is active that allows for communication to occur with the service via a second UPF of the second cellular network. Such characteristics of the invention are related to the patents noted above be represent a distinct invention capturing the feature related to the second network portion which is configured such that after the UE is locked to using the converged anchor point, the UE is later released from the converged anchor point and transitions to using an anchor point of the plurality of anchor points to communicate with the data network while the UE is in wireless communication with the first network portion. Therefore the invention of the present invention is distinct an patentable with respect to the patents noted above.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 sets for the limitation “a remotely-hosted service”, wherein later in the claim reference to “the service” is made. The language presents a lack of antecedent basis. One of ordinary skill in the art would not be able to accurately formulate correspondence for ‘the service’ to a particular service that is previously set forth. Many other actions which are fairly construed as a service therefore correspondence between terms cannot be determined. Therefore, the limitation fails to clearly point out and distinctly claim, that which the Applicant regards as the invention. Similar language is present in claims 3, 4, 8, and claims 2-9 contain the limitation by virtue of dependence on claim 1, and add no other limitations which materially address the lack of antecedent basis. Therefore, claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Allowable Subject Matter/35 USC § 103
The Examiner has reviewed the present application with respect to 35 USC § 103 and has found the limitations to be distinguished over the art made of record, provided the claims are amended such that the overcome the rejection under 35 USC 112 noted above, in a manner which does not materially change the scope of the claims. With respect to the claims and the teaching of the prior art, the Examiner notes the following art as most directly related to claims 1-20:United States Patent Application Publication US-20180020418 to Chandramouli et al (hereinafter d1); United States Patent Application Publication US-20180227219 to Zhang et al (hereinafter d2); United States Patent Application Publication US-20170085494 to Park et al (hereinafter d3).
The Examiner notes that the prior art of record discloses various techniques for dual connectivity including implementation of the techniques in a network comprising multiple cellular communication protocols, including at least LTE and 5G protocols (see d1 Fig. 8 para. 0089-0108) where in the network includes at least a first cellular network utilizing a 5G protocol (see Fig. 8, point B and C) each including cMGW (i.e. anchor points) (see d1 Fig. 11, para. 0245-0271); wherein in the network elements execute a method (see d1 para. 0003 Fig. 22; para. 0232-0242); a first network operating according to only 5G protocol and the anchor points are geographically distributed (see d1 Fig. 8 para. 0184); wherein the points serve as a gateway (see d1 Fig. 11 para. 0004, 0221-0224) to the internet (i.e. data network) (see d1 Fig. 4), offloading to anchors (i.e. determining serving gateway based on load) (see d1 para. 0086); d1 discloses a converged core network for both protocols (see d1 para. 0097-100, 0245) with distinct anchor point/ gateway (see d1 Fig. 11 uGw, para. 0221-0231, 0245-0257); and system for convergence protocol layer for wireless communications including gateways as anchor points (see d2 para. 0025-0028, 0032, 0036-0037, 0046, 0051-0053); a UE communicating using at least 2 protocols (see d1 Fig. 11, para. 00246-0250); and system for converged network system independent of a wired or wireless access scheme capable of converging and accommodating various wired access networks and wireless access networks (see d3 para. 0003) including a unified control entity may control mobility of user equipment and mobility of IP flows for handover to a second converged gateway so that the user equipment accesses the converged wired IP network in an anchor-free scheme with respect to movement of the user equipment accessing the converged wired IP network through a first converged gateway (i.e. locked), while managing the user equipment on the basis of an IP address system in which an identifier (ID) and a locator are separated from each other (see d3 para. 0022); wherein the unified control entity may control mobility of user equipment and mobility of IP flows for handover to a second converged gateway so that the user equipment accesses the converged wired IP network in an anchor-free scheme with respect to movement of the user equipment accessing the converged wired IP network through a first converged gateway (i.e. locked) (see d3 para. 0035).
However, the art made of record fails to adequately disclose, or render obvious the limitations “a first cellular network comprising a plurality of user plane functions (UPFs), wherein: each UPF of the plurality of UPFs serves as a gateway for user equipment (UE) to communicate with a remotely-hosted service; and which UPF of the plurality of UPFs serves as the gateway for a particular UE is adjusted while the particular UE remains connected with the first cellular network; and the UE, wherein: while connected with the first cellular network a multiple access (MA) packet data unit (PDU) session is active that allows for communication to occur concurrently between the UE and the remotely-hosted service via an access point (AP) of a plurality of APs and via a UPF of the plurality of UPFs; and while connected with a second cellular network distinct from the first cellular network, a single access PDU session is active that allows for communication to occur with the service via a second UPF of the second cellular network” or “accessing, by a user equipment (UE), a remotely-hosted service via a data network, using a first user plane function (UPF) of a plurality of UPFs of a first cellular network; establishing, by the UE, a multiple access (MA) packet data unit (PDU) session that allows for communication to occur concurrently between the UE and the remotely-hosted service via an access point (AP) of a plurality of APs and via a UPF of the plurality of UPFs; accessing, by the UE, the remotely-hosted service, using a second user plane function (UPF) of a second cellular network, wherein the MA PDU session is not available while connected with the second cellular network and a single access PDU session is used for communicating with the remotely-hosted service; resuming, by the UE, accessing the remotely-hosted service via the first UPF of the plurality of UPFs of the first cellular network; and in response to resuming accessing the remotely-hosted service via the first UPF, reestablish, by the UE, the MA PDU session” either alone, or in any reasonable combination.
Allowable Subject Matter
Claims 10-20 are allowed, according to the reasoning set forth above. Claims 1-9 remain rejected under 35 USC 112.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SCOTT TAYLOR whose telephone number is (571)270-3189. The examiner can normally be reached on Mon. - Thurs. 9:00-4:00.
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/NATHAN S TAYLOR/ Primary Examiner, Art Unit 2643