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
This action is in response to the application filed on 01/29/2024. Claims 1-10 have been examined.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, 9 and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4 and 5 of the copending Application No. 18,425,858. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 2, 4 and 5 of the copending Application No. 18,425,858 discloses all the features of the claims 1, 2, 9 and 10 of the instant application with a minor obvious variations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 1-5, and 7-10 are rejected under 35 U.S.C. 102(a) (2) as being anticipated by ISHII et al. (US 2023/0262591).
As of claim 1, ISHII discloses a communication control method comprising: receiving, at a user equipment, network slice restriction information from a base station or a core network apparatus (para [0112] [0115] disclose the AMF (=core network apparatus) include a Rejected NSSAI (=slice restriction information) to inform the wireless terminal of the S-NSSAIs that were included in the requested NSSAI in the REGISTRATION REQUEST message but were rejected by the network which corresponds to UE receives network slice restriction information from a base station or a core network apparatus),
the network slice restriction information being related to a network slice to be provided with a restrictive condition (para [0094] discloses the RAN (=base station) and the CN (=core network apparatus) are responsible to handle a service request for a slice in a given area, rejection of access to a slice depend by factors such as support for the slice, availability of resources, support of the requested service by RAN (=restrictive condition)),
wherein the restrictive condition is a condition restricting use of the network slice (para [0112] discloses the S-NSSAI(s) in the rejected NSSAI for the current registration area are further associated with a registration area where the rejected S-NSSAI(s) is not available which implies restrictive condition is restricting use of the network slice); and
wherein the network slice restriction information comprises an identifier identifying the network slice and information indicating the restrictive condition (para [0112] disclose S-NSSAI(s) (=an identifier identifying the network slice) included in rejected NSSAI based on the associated rejection cause(s) (=restrictive condition)).
As of claim 9, ISHII discloses a user equipment comprising: a receiver ([FIG. 8A], para [0130] shows and disclose terminal 30 (=user equipment) comprising a receiver circuitry 56) configured to receive network slice restriction information from a base station or a core network apparatus (para [0112] [0115] disclose the AMF (=core network apparatus) include a Rejected NSSAI (=slice restriction information) to inform the wireless terminal of the S-NSSAIs that were included in the requested NSSAI in the REGISTRATION REQUEST message but were rejected by the network which corresponds to UE receives network slice restriction information from a base station or a core network apparatus),
the network slice restriction information being related to a network slice to be provided with a restrictive condition (para [0094] discloses the RAN (=base station) and the CN (=core network apparatus) are responsible to handle a service request for a slice in a given area, rejection of access to a slice depend by factors such as support for the slice, availability of resources, support of the requested service by RAN (=restrictive condition)), wherein the restrictive condition is a condition restricting use of the network slice (para [0112] discloses the S-NSSAI(s) in the rejected NSSAI for the current registration area are further associated with a registration area where the rejected S-NSSAI(s) is not available which implies restrictive condition is restricting use of the network slice), and
wherein the network slice restriction information comprises an identifier identifying the network slice and information indicating the restrictive condition (para [0112] disclose S-NSSAI(s) (=an identifier identifying the network slice) included in rejected NSSAI based on the associated rejection cause(s) (=restrictive condition)).
As of claim 10, ISHII discloses a network apparatus comprising: a transmitter ([Fig. 8A] shows the access node 28 (=network apparatus) comprises a transmitter circuitry 76) configured to transmit network slice restriction information to a user equipment (para [0112] [0115] disclose the AMF (=core network apparatus) include a Rejected NSSAI (=slice restriction information) to inform the wireless terminal of the S-NSSAIs that were included in the requested NSSAI in the REGISTRATION REQUEST message but were rejected by the network which corresponds to transmitter configured to transmit network slice restriction information to a user equipment),
the network slice restriction information being related to a network slice to be provided with a restrictive condition (para [0094] discloses the RAN (=base station) and the CN (=core network apparatus) are responsible to handle a service request for a slice in a given area, rejection of access to a slice depend by factors such as support for the slice, availability of resources, support of the requested service by RAN (=restrictive condition)),
wherein the restrictive condition is a condition restricting use of the network slice (para [0112] discloses the S-NSSAI(s) in the rejected NSSAI for the current registration area are further associated with a registration area where the rejected S-NSSAI(s) is not available which implies restrictive condition is restricting use of the network slice), and
wherein the network slice restriction information comprises an identifier identifying the network slice and information indicating the restrictive condition. (para [0112] disclose S-NSSAI(s) (=an identifier identifying the network slice) included in rejected NSSAI based on the associated rejection cause(s) (=restrictive condition)).
As of claim 2, rejection of claim 1 cited above incorporated herein, in addition ISHII discloses determining, at the user equipment, whether to avoid using the network slice, based on the network slice restriction information (para [0112] discloses the S-NSSAI(s) in the rejected NSSAI for the current registration area are further associated with a registration area where the rejected S-NSSAI(s) is not available and S-NSSAI(s) included in rejected NSSAI based on the associated rejection cause(s) (=restriction information) which implies determining whether to avoid using the network slice); and performing, at the user equipment, control to avoid using the network slice when the user equipment determines to avoid using the network slice (para [0112] UE deletes any rejected NSSAI for the current PLMN, and rejected NSSAI for the current registration area corresponds to control to avoid using the network slice).
As of claim 3, rejection of claim 2 cited above incorporated herein, in addition ISHII discloses the performing the control comprises lowering, at the user equipment in an RRC idle state or an RRC inactive state, a priority of a cell supporting the network slice when cell selection or cell reselection is performed.
(para [0117] discloses a cell selection under the restriction of radio spectrum(s) for network slicing. Para [0161] [Fig.11B] shows and discloses wireless terminal enter RRC_IDLE or RRC_INACTIVE state and perform a cell reselection based on the network slice band association information (=cell supporting the network slice)).
As of claim 4, rejection of claim 2 cited above incorporated herein, in addition ISHII discloses the performing the control comprises avoiding, at the user equipment in an RRC connected state, requesting use the network slice from the core network apparatus (para [0161] discloses the network slice band association information be provided by a dedicated RRC signaling during the RRC_CONNECTED state, para [0112] discloses the S-NSSAI(s) in the rejected NSSAI for the current registration area are further associated with a registration area where the rejected S-NSSAI(s) is not available. The S-NSSAI(s) in the rejected NSSAI for the current PLMN shall be considered rejected for the current PLMN regardless of the access type which corresponds to avoiding use the network slice from the core network apparatus).
As of claim 5, rejection of claim 1 cited above incorporated herein, in addition ISHII discloses receiving, at the user equipment, restriction information from the base station (para [0112] [0115] disclose the AMF include a Rejected NSSAI (=slice restriction information) to inform the wireless terminal of the S-NSSAIs that were included in the requested NSSAI in the REGISTRATION REQUEST message but were rejected by the network which corresponds to UE receives network slice restriction information from a base station), the restriction information indicating that a network slice supported by the base station is to be provided with the restrictive condition (para [0094] discloses the RAN (=base station) and the CN (=core network apparatus) are responsible to handle a service request for a slice in a given area, rejection of access to a slice depend by factors such as support for the slice, availability of resources, support of the requested service by RAN (=restrictive condition)); and
transmitting, at the user equipment, an inquiry configured to acquire the network slice restriction information to the base station or the core network apparatus, in response to receiving the restriction information, wherein the receiving the network slice restriction information comprises receiving the network slice restriction information as a response to the inquiry (para [0114] [0115] [FIG. 3] After the wireless terminal, the access node and the management entity perform a security procedure, the management entity respond to the Registration Request message with a Registration Accept message and includes the Rejected NSSAI to inform the wireless terminal of the S-NSSAIs that were included in the requested NSSAI in the REGISTRATION REQUEST message were rejected by the network).
As of claim 7, rejection of claim 2 cited above incorporated herein, in addition ISHII discloses starting, at the user equipment, use of the network slice when the user equipment judges that the restrictive condition is no longer satisfied in performing control to avoid using the network slice (para [0094] the RAN and the CN are responsible to handle a service request for a slice that be available in a given area, admission of access to a slice depend by factors such as support for the slice, availability of resources (=restrictive condition is no longer satisfied), support of the requested service by RAN), para [0112] discloses the set of network slice(s) for a UE can be changed at any time while the UE is registered to a PLMN, and the change be initiated by the network, or the UE).
As of claim 8, rejection of claim 2 cited above incorporated herein, in addition ISHII discloses receiving, at the user equipment, a notification indicating that the restrictive condition is canceled in performing control to avoid using the network slice; and starting, at the user equipment, use of the network slice in response to receiving the notification (para [0112] the allowed NSSAI and associated registration area be changed during the registration procedure, the network notify the UE of the change of the supported network slice(s) in order to trigger the registration procedure).
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.
Claim 6 is rejected under AIA 35 U.S.C 103 as being unpatentable over ISHII et al. (US 2023/0262591) in view of CHENG et al. (US 2024/0049290).
As of claim 6, rejection of claim 5 cited above incorporated herein, in addition ISHII does not explicitly disclose but CHENG teaches the transmitting the inquiry comprises transmitting, at the user equipment in an RRC idle state or an RRC inactive state, the inquiry by using a message in a random- access procedure
(CHENG, [FIG. 4] shows the UE perform a slice-aware RACH procedure with the base station 110 to establish the PDU session and transmit, to the base station, a request to initiate a RACH procedure, para [0100] discloses the base station transmit, to the UE in an RRC idle mode or an RRC inactive mode, a paging message that includes an indication identifying an intended slice for a PDU session, the UE identifying the intended slice, and select RACH resources and transmit, to the base station a request to initiate a slice-aware RACH procedure using the selected RACH resources and/or RACH parameters).
Therefore it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of ISHII with inquiry by using a message in a random access procedure as taught by CHENG in order to use the limited resource in an effective way and reduce the latency and increase the prioritization of the RACH procedure for the UE as taught by CHENG in para [0081].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAHMIDA S CHOWDHURY whose telephone number is (571)272-2547. The examiner can normally be reached M-F 8am to 5pm.
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/FAHMIDA S CHOWDHURY/ Primary Examiner, Art Unit 2471