DETAILED ACTION
1. This action is responsive to the communications filed on 12/02/2025.
2. Claims 1-20 are pending in this application.
3. Claims 1, 3-5, 9, 14, 15, 20, have been amended.
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 12/02/2025 have been fully considered but they are not persuasive. In the remarks, applicant argued that:
a. Tang generally discloses that the network device sends a QoS parameter and a QoS rule to the terminal. The QoS parameter or QoS rule in Tang is different from the first parameter information in the newly filed claim 1. Importantly, the QoS parameters and QoS rules in Tang operate at the QoS flow granularity. In contrast, claim 1 recites that the first parameter information is associated with performing QoS control at the air interface channel granularity of the N3GPP network on a service flow data packet. Therefore, Tang fails to disclose the distinguishing feature reproduced above (Applicant’s remarks, page 8).
In response: The examiner respectfully disagrees.
Tang disclosed a terminal device that is able to simultaneously use 3GPP access technology and non-3GPP access technology to transmit data (Paragraph 53, Figure 3). In Tang, the terminal device establishes an air interface connection with a RAN device through a new radio (NR) interface which it uses to transmit data. A PDU session is able to transmit using multi-access (MA) technology that allows for transmitting through both access technologies. As a UE can include multiple applications, each application can use multiple PDU session with the sessions including QoS flows. The data on the QoS flow can be transmitted to a 3GPP or a non-3GPP access technology with each QoS flow having a corresponding QoS rule and a corresponding QoS configuration (Tang, Paragraphs 50-54). The network device (SMF) configures parameters corresponding to the QoS flow for the terminal device in order to meet QoS requirements of the data transmission (i.e., performing QoS control). As such, it is clear to the examiner that the QoS flow of Tang is associated with performing QoS on an air interface of either a 3GPP or non-3GPP access technology.
Therefore, the rejection is respectfully maintained.
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)(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 1-4, 6, 9-12, 14-18, 20, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tang (US 2021/0219364).
Regarding claim 1, Tang disclosed:
A communication method, comprising:
configuring, by a core network element (Figure 4, network device (SMF)), first parameter information (Paragraph 60, QoS Flow), wherein the first parameter information includes at least quality of service (QoS) control parameter information (Paragraph 61, QoS rule and QoS configuration) of a non-3rd generation partnership project (N3GPP) access technology (Paragraph 68, non-3GPP), and wherein the first parameter information is associated with performing QoS control on an air interface channel of an N3GPP network (Paragraph 50, air interface) on a service flow data packet (Paragraph 56, data packet) transmitted by a first terminal device (Figure 4, terminal device) by using the N3GPP access technology (Paragraph 6, terminal device sends first indication information that is used to establish a network resource of a second access technology of the QoS flow. The access technologies can be either 3GPP or non-3GPP. Paragraph 50, an air interface connection is established through a new radio (NR) interface to transmit data. Paragraph 51, a PDU session transmits data by using multi-access (MA) technology. 3GPP and non-3GPP access technology is used. The PDU session transmits data simultaneously using both 3GPP and non-3GPP, with the 3GPP access technology being an NR access technology. Paragraph 54, the data on the QoS flow can be transmitted to both a 3GPP and a non-3GPP access technology. Paragraph 60, the network device (SMF, see paragraph 63) configures parameters corresponding to the QoS flow for the terminal device in order to meet QoS requirements of the data transmission (i.e., performing QoS control). The non-3GPP access network can be a non-3GPP interworking function (N3IWF). Paragraph 61, each QoS flow has a corresponding QoS rule and a corresponding QoS configuration); and
sending, by the core network element, the first parameter information (Paragraph 61, the network device (SMF) sends a QoS parameter and a QoS rule to the terminal device).
Regarding claim 9, Tang disclosed:
A communication method, comprising:
receiving, by a first terminal device (Figure 4, terminal device), first parameter information (Paragraph 60, QoS Flow), wherein the first parameter information comprises at least quality of service (QoS) control parameter information (Paragraph 61, QoS rule and QoS configuration) of a non-3rd generation partnership project (N3GPP) access technology (Paragraph 68, non-3GPP access technology) (Paragraph 61, the network device (SMF) sends a QoS parameter and a QoS rule to the terminal device. Paragraph 68, the first or second access technology may be non-3GPP access technology); and
performing, by the first terminal device based on the first parameter information, QoS control on an air interface channel of an N3GPP network on a service flow data packet transmitted by the first terminal device by using the N3GPP access technology (Paragraph 50, an air interface connection is established through a new radio (NR) interface to transmit data. Paragraph 51, a PDU session transmits data by using multi-access (MA) technology. 3GPP and non-3GPP access technology is used. The PDU session transmits data simultaneously using both 3GPP and non-3GPP, with the 3GPP access technology being an NR access technology. Paragraph 54, the data on the QoS flow can be transmitted to both a 3GPP and a non-3GPP access technology. Paragraph 60, the network device (SMF, see paragraph 63) configures parameters corresponding to the QoS flow for the terminal device in order to meet QoS requirements of the data transmission (i.e., performing QoS control). The non-3GPP access network can be a non-3GPP interworking function (N3IWF). Paragraph 61, each QoS flow has a corresponding QoS rule and a corresponding QoS configuration).
Regarding claim 15, the claim is substantially similar to claim 8. Claim 15 recites at least one processor (Tang, Paragraph 262, processor) and at least one non-transitory computer readable memory (Tang, Paragraph 268, computer readable storage medium). Therefore, claim 15 is rejected under the same rationale.
Regarding claims 2, 10, 16, the limitations of claims 1, 8, 15, have been addressed. Tang disclosed:
wherein the first parameter information comprises at least one of a delay (Paragraph 59, QoS flow includes transmission delay), a packet loss rate (Paragraph 59, data packet loss rate), guaranteed bandwidth, maximum bandwidth, a peak rate, or a jitter.
Regarding claim 3, the limitations of claim 1 have been addressed. Tang disclosed:
further comprising performing, before the sending the first parameter information: receiving, by the core network element, first indication information, wherein the first indication information indicates that the first terminal device accesses the core network element using the N3GPP access technology (Figure 4, S220, terminal device sending first indication information to the SMF. Paragraph 68, the first or second access technology may be non-3GPP access technology. Paragraph 75, first indication information instructing to establish a network resource corresponding to the second access technology of the QoS flow); and
wherein the configuring, by the core network element, first parameter information comprises determining, by the core network element, the first parameter information based on the first indication information (Figure 4, S220 from UPF to SMF showing the first indication information instructing (i.e., based on) to establish a second access technology QoS flow).
Regarding claim 4, the limitations of claim 3 have been addressed. Tang disclosed:
wherein the first indication information is received by the core network element from an N3GPP access gateway (Figure 4, UPF sending first indication information to the SMF. Paragraph 49, UPF is a gateway device. Figure 3 showing that the UPF is part of the non-3GPP access connection and is therefore considered an N3GPP access gateway).
Regarding claim 6, the limitations of claim 4 have been addressed. Tang disclosed:
wherein the sending the first parameter information to the N3GPP access point for forwarding to the first terminal comprises sending, by the core network element, the first parameter information to the N3GPP access point through another core network element (Figure 4, UPF sending first indication information to the SMF. Paragraph 49, UPF is a gateway device. Figure 3 showing that the UPF is part of the non-3GPP access connection and is therefore considered an N3GPP access gateway. Paragraph 61, the network device (SMF) sends a QoS parameter and a QoS rule to the terminal device. Paragraph 178, QoS policy. Figure 6 showing the UPF sending QoS flow identifiers through an AMF and AN before reaching the UE).
Regarding claims 11, 17, the limitations of claims 9, 15, have been addressed. Tang disclosed:
wherein the service flow data packet comprises a first terminal identifier, and wherein the first terminal identifier is an identifier of the first terminal device in an N3GPP access network (Paragraph 178, the message including a UE identifier along with an access type (i.e., 3GPP or N3GPP)).
Regarding claims 12, 18, the limitations of claims 9, 15, have been addressed. Tang disclosed:
wherein the first parameter information is received by the first terminal device from an N3GPP access gateway, and wherein the first parameter information is sent by a core network element through the N3GPP access gateway (Figure 6, UPF sending the QoS flow identifier to the SMF, the SMF forwarding it to the UE through AMF and AN).
Regarding claims 14, 20, the limitations of claims 9, 15, have been addressed. Tang disclosed:
wherein the QoS control parameter information is associated with at least one of a location area identifier used by the first terminal device or a network identifier (Paragraph 93-95, access traffic steering, switching and splitting (ATSSS) rule identifier that is in correspondence to the QoS flow ID) used by the first terminal device.
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 (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 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 5, 7, 8, 13, 19, are rejected under 35 U.S.C. 103 as being unpatentable over Tang (US 2021/0219364) in view of Youn et al. (US 2020/0275302).
Regarding claims 5, 13, 19, the limitations of claims 4, 12, 18, have been addressed. Tang disclosed:
wherein the sending the first parameter information comprises sending, by the core network element, the first parameter information to a N3GPP access point for forwarding to the first terminal (Figure 4, UPF sending first indication information to the SMF. Paragraph 49, UPF is a gateway device. Figure 3 showing that the UPF is part of the non-3GPP access connection and is therefore considered an N3GPP access gateway. Paragraph 61, the network device (SMF) sends a QoS parameter and a QoS rule to the terminal device. Paragraph 178, QoS policy).
While Tang disclosed the use of a UDM (Paragraph 50, core network devices including a UDM), Tang did not explicitly disclose that the core network element is a unified data management (UDM).
However, in an analogous art, Youn disclosed wherein the core network element is a unified data management (UDM) (Paragraph 165, UDM stores subscription data of a user and policy data. Paragraph 166, the front end (FE) of the UDM is responsible for policy control).
One of ordinary skill in the art would have been motivated to combine the teachings of Tang with Youn because the references involve QoS policies in 3GPP and N3GPP networks, and as such, are within the same environment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the UDM of Youn with the teachings of Tang in order to optimize packet based systems and provide improved data transmission capability (Youn, Paragraph 88).
Regarding claim 7, the limitations of claim 1 have been addressed. Tang did not explicitly disclose:
further comprising: obtaining, by the core network element, mapping relationship information, wherein the mapping relationship information indicates correspondences between a plurality of groups of QoS control parameter information and a plurality of identifiers; wherein the configuring the first parameter information comprises determining, by the core network element as the first parameter information based on the mapping relationship information, QoS control parameter information corresponding to a first identifier, wherein the first identifier is a related identifier that is of the N3GPP access technology and that is used by the first terminal device.
However, in an analogous art, Youn disclosed obtaining, by the core network element, mapping relationship information, wherein the mapping relationship information indicates correspondences between a plurality of groups of QoS control parameter information and a plurality of identifiers (Paragraph 13, the QoS rule is used to determine a mapping relation between the packet and the QoS flow. Paragraph 168, the UPF supporting a mapping between the service data flow and the QoS flow. Paragraph 252, mapping between QoS flow and a data radio bearer along with QoS flow ID marking with a packet);
wherein the configuring the first parameter information comprises determining, by the core network element as the first parameter information based on the mapping relationship information, QoS control parameter information corresponding to a first identifier, wherein the first identifier is a related identifier that is of the N3GPP access technology and that is used by the first terminal device (Paragraph 168, the UPF supporting a mapping between the service data flow and the QoS flow. Paragraph 252, mapping between QoS flow and a data radio bearer along with QoS flow ID marking with a packet. Paragraph 326, when the UE is registered with a network through non-3GPP access, the registration area for the non-3GPP access corresponds to a unique reserved tracking area identity value, an N3GPP TAI).
One of ordinary skill in the art would have been motivated to combine the teachings of Tang with Youn because the references involve QoS policies in 3GPP and N3GPP networks, and as such, are within the same environment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the mapping information of Youn with the teachings of Tang in order to optimize packet based systems and provide improved data transmission capability (Youn, Paragraph 88).
Regarding claim 8, the limitations of claim 7 have been addressed. Tang and Youn disclosed:
wherein the first identifier comprises at least one of a location area identifier (Youn, Paragraph 326, when the UE is registered with a network through non-3GPP access, the registration area for the non-3GPP access corresponds to a unique reserved tracking area identity value, an N3GPP TAI) or a network identifier.
For motivation, please refer to claim 7.
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 Steven C. Nguyen whose telephone number is (571)270-5663. The examiner can normally be reached M-F 7AM - 3PM and alternatively, through e-mail at Steven.Nguyen2@USPTO.gov.
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/S.C.N/Examiner, Art Unit 2451
/Chris Parry/Supervisory Patent Examiner, Art Unit 2451