Prosecution Insights
Last updated: October 01, 2026
Application No. 18/434,305

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Feb 06, 2024
Priority
Aug 08, 2021 — CN 202110905125.9 +2 more
Examiner
HOLLAND, JENEE LAUREN
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
84%
Grant Probability
Favorable
2-3
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
597 granted / 715 resolved
+25.5% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
41 currently pending
Career history
750
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 . 1. Claims 1-20 are pending. Response to Arguments 2. Applicant’s arguments, see Remarks, filed 04/28/20226, with respect to the rejection(s) of claim(s) 6-10 and 16-20 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. 103. The first closest prior art of record CATT et al., "Update on 1-SMF selection per DNAI," SA WG2 Meeting #S2-145E, S2-2104290, Elbonia, May 17-28, 2021, 4 pages (as cited in the IDS dated 11/14/2024) hereafter S2-2104290 discloses wherein the first information indicates to remove an intermediate session management function network element serving a current session (S2-2104290, section 5.34.3, paragraphs 1-4, The SMF sends to the target DNAI information to the AMF for triggering I-SMF (re)selection. The AMF removes the I-SMF upon detecting that an I-SMF is no more needed); and receiving second information from the first access and mobility management function network element, wherein the second information indicates to establish a session management context or update a session management context (S2-2104290, section 5.34.3, #1-#5, Receiving the Nsmf_PDUSessionCreateSMContext Request from the AMF, wherein the Nsmf_PDUSessionCreateSMContext Request is an indication to establish a session management context or update a session management context). S2-2104290 does not explicitly disclose in response to determining that a first session management function network element is able to serve a first data network access identifier (DNAI), send first information to a first access and mobility management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session (as disclosed in claims 1 and 11). The second closest prior art of record Lu et al, US 2023/0388268 hereafter Lu discloses remove an intermediate session management function network element serving a current session (Lu, [0060]-[0061], The AMF is responsible of detecting when to add or to remove an I-SMF for a PDU Session. If the AMF detects that an I-SMF is no more needed (as the service area of the SMF includes the UE location) it removes the I-SMF and interfaces directly with the SMF of the PDU Session) Lu does not explicitly disclose in response to determining that a first session management function network element is able to serve a first data network access identifier (DNAI), send first information to a first access and mobility management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session (as disclosed in claims 1 and 11). The third closest prior art of record Zhang et al, US 2024/0195846 hereafter Zhang discloses determining that a first session management function network element is able to serve a first data network access identifier (DNAI) (Zhang, [0072]-[0073], selecting the second SMF to serve the session of the UE)…remove an intermediate session management function network element serving a current session (Zhang, [0005], the AMF is responsible of detecting when to add or to remove an I-SMF (Intermediate SMF) or a V-SMF (visited) for a PDU Session). Zhang does not explicitly disclose in response to determining that a first session management function network element is able to serve a first data network access identifier (DNAI), send first information to a first access and mobility management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session (as disclosed in claims 1 and 11). Upon further consideration and search, claims 1-2, 5-6, 8, 11-12, 15, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over CATT et al., "Update on 1-SMF selection per DNAI," SA WG2 Meeting #S2-145E, S2-2104290, Elbonia, May 17-28, 2021, 4 pages (as cited in the IDS dated 11/14/2024) in view of Yao et al, US 2023/0188965. 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. 3. Claims 1-2, 5-6, 8, 11-12, 15, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CATT et al., "Update on 1-SMF selection per DNAI," SA WG2 Meeting #S2-145E, S2-2104290, Elbonia, May 17-28, 2021, 4 pages (as cited in the IDS dated 11/14/2024) hereafter S2-2104290 in view of Yao et al, US 2023/0188965 hereafter Yao. As for claim 1, S2-2104290 discloses: A communication method, wherein the method comprises: in response to determining that a first session management function network element is able to serve the UE location, (S2-2104290, section 5.34.3, paragraphs 1-4, the service by the SMF includes the UE location) sending first information to a first access and mobility management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session; (S2-2104290, section 5.34.3, paragraphs 1-4, In response to determining the service of the SMF includes the UE location, sending from the SMF the target DNAI information at the AMF for triggering I-SMF (re)selection. The AMF removes the I-SMF upon detecting that an I-SMF is no longer needed) and receiving second information from the first access and mobility management function network element, wherein the second information indicates to establish a session management context or update a session management context. (S2-2104290, section 5.34.3, #1-#5, Receiving the Nsmf_PDUSessionCreateSMContext Request from the AMF, wherein the Nsmf_PDUSessionCreateSMContext Request is an indication to establish a session management context or update a session management context). S2-2104290 does not explicitly disclose a UE location corresponds to first data network access identifier (DNAI). However, Yao discloses a UE location corresponds to first data network access identifier (DNAI) (Yao, [0172] the DNAI may also be considered as a type of location information of the UE) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of S2-2104290 with a UE location corresponds to first data network access identifier (DNAI) as taught by Yao to achieve shorter delay and higher bandwidth. (Yao, [0336]) As for claims 2 and 12, S2-2104290 discloses: wherein the sending first information comprises: in response to determining that a first session management function network element is able to serve the first DNAI and that the intermediate session management function network element exists in the current session, sending the first information. (S2-2104290, section 5.34.3, paragraphs 1-4, In response to determining the service of the SMF includes the UE location, sending from the SMF the target DNAI information at the AMF for triggering I-SMF (re)selection. The AMF removes the I-SMF upon detecting that an I-SMF is no longer needed. It is implicit that determination of the I-SMF is performed since to detect that it is no longer needed then it must exist) As for claims 5, 8, 15 and 18, S2-2104290 discloses: the method is performed by the first session management function network element. (S2-2104290, section 5.34.3, paragraphs 1-4, The SMF performs the receiving/sending). As for claim 6, S2-2104290 discloses: A communication method, wherein the method comprises: receiving first information from a first session management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session (S2-2104290, section 5.34.3, paragraphs 1-4, Receiving from the SMF the target DNAI information at the AMF for triggering I-SMF (re)selection. The AMF removes the I-SMF upon detecting that an I-SMF is no longer needed) in response to the first session management function network element being able to serve the UE location (S2-2104290, section 5.34.3, paragraphs 1-4, the service by the SMF includes the UE location) and sending second information to the first session management function network element based on the first information, wherein the second information indicates to establish a session management context or update a session management context (S2-2104290, section 5.34.3, #1-#5, Sending the Nsmf_PDUSessionCreateSMContext Request, to the SMF from the AMF, wherein the Nsmf_PDUSessionCreateSMContext Request is an indication to establish a session management context or update a session management context). S2-2104290 does not explicitly disclose a UE location corresponds to first data network access identifier (DNAI). However, Yao discloses a UE location corresponds to first data network access identifier (DNAI) (Yao, [0172] the DNAI may also be considered as a type of location information of the UE) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of S2-2104290 with a UE location corresponds to first data network access identifier (DNAI) as taught by Yao to achieve shorter delay and higher bandwidth. (Yao, [0336]) As for claim 11, S2-2104290 discloses: An apparatus, (S2-2104290, section 5.34.3, paragraphs 1-4, The SMF), comprising: at least one processor; and at least one memories coupled to the at least one processor and storing programming instructions that, when executed by the at least one processor, cause the apparatus to: in response to determining that a first session management function network element is able to serve the UE location (S2-2104290, section 5.34.3, paragraphs 1-4, the service by the SMF includes the UE location) sending first information to a first access and mobility management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session; (S2-2104290, section 5.34.3, paragraphs 1-4, In response to determining the service of the SMF includes the UE location, sending from the SMF the target DNAI information at the AMF for triggering I-SMF (re)selection. The AMF removes the I-SMF upon detecting that an I-SMF is no longer needed) and receiving second information from the first access and mobility management function network element, wherein the second information indicates to establish a session management context or update a session management context. (S2-2104290, section 5.34.3, #1-#5, Receiving the Nsmf_PDUSessionCreateSMContext Request from the AMF, wherein the Nsmf_PDUSessionCreateSMContext Request is an indication to establish a session management context or update a session management context). S2-2104290 does not explicitly disclose a UE location corresponds to first data network access identifier (DNAI). However, Yao discloses a UE location corresponds to first data network access identifier (DNAI) (Yao, [0172] the DNAI may also be considered as a type of location information of the UE) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of S2-2104290 with a UE location corresponds to first data network access identifier (DNAI) as taught by Yao to achieve shorter delay and higher bandwidth. (Yao, [0336]) As for claim 16, S2-2104290 discloses: An apparatus (S2-2104290, section 5.34.3, paragraphs 1-4, The AMF), comprising: at least one processor; and at least one memories coupled to the at least one processor and storing programming instructions that, when executed by the at least one processor, cause the apparatus to: receiving first information from a first session management function network element, wherein the first information indicates to remove an intermediate session management function network element serving a current session (S2-2104290, section 5.34.3, paragraphs 1-4, Receiving from the SMF the target DNAI information at the AMF for triggering I-SMF (re)selection. The AMF removes the I-SMF upon detecting that an I-SMF is no longer needed) in response to the first session management function network element being able to serve the UE location (S2-2104290, section 5.34.3, paragraphs 1-4, the service of the SMF includes the UE location) and sending second information to the first session management function network element based on the first information, wherein the second information indicates to establish a session management context or update a session management context (S2-2104290, section 5.34.3, #1-#5, Sending the Nsmf_PDUSessionCreateSMContext Request, to the SMF from the AMF, wherein the Nsmf_PDUSessionCreateSMContext Request is an indication to establish a session management context or update a session management context). S2-2104290 does not explicitly disclose a UE location corresponds to first data network access identifier (DNAI). However, Yao discloses a UE location corresponds to first data network access identifier (DNAI) (Yao, [0172] the DNAI may also be considered as a type of location information of the UE) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of S2-2104290 with a UE location corresponds to first data network access identifier (DNAI) as taught by Yao to achieve shorter delay and higher bandwidth. (Yao, [0336]) 4. Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over S2-2104290 in view of Yao as applied to claims 1 and 16 above, and further in view of Zong et al. US 2020/0344827 hereafter Zong. As for claims 7 and 17, S2-2104290 does not explicitly disclose sending third information to the intermediate session management function network element when the intermediate session management function network element exists in the current session, wherein the third information indicates to release a session resource in the intermediate session management function network element. However, Zong discloses sending third information to the intermediate session management function network element when the intermediate session management function network element exists in the current session, wherein the third information indicates to release a session resource in the intermediate session management function network element (Zong, [0244]-[0245], if the source I-SMF (namely, a case in which the A-SMF and an I-SMF form a combination) exists, the AMF sends a session release request to the source I-SMF, and the source I-SMF releases a related resource on a source UPF and deletes a session context). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of S2-2104290 and Yao with sending third information to the intermediate session management function network element when the intermediate session management function network element exists in the current session, wherein the third information indicates to release a session resource in the intermediate session management function network element as taught by Zong to provide improved performance (Zong, [0013]). 5. Claim(s) 3-4, 9-10, 13-14 and 19-20 s/are rejected under 35 U.S.C. 103 as being unpatentable over S2-2104290 in view of Yao as applied to claims 1 and 16 above, and further in view of Kim et al, US 2019/0313477 hereafter Kim. As for claims 3, 9, 13 and 19, S2-2104290 does not explicitly disclose the first information is target DNAI information that does not comprise a target DNAI. However, Kim discloses the first information is target DNAI information that does not comprise a target DNAI (Kim, [0014], receiving, by the AMF, a second message from the SMF in response to the first message, and the second message may include a PDU session release command message and the access type). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of S2-2104290 and Yao with the first information is target DNAI information that does not comprise a target DNAI as taught by Kim to provide improved traffic flow (Kim, [0004]). As for claims 4, 10, 14, and 20, S2-2104290 does not explicitly disclose the target DNAI information comprises a session management function selection type. However, Kim discloses the target DNAI information comprises a session management function selection type (Kim, [0014], receiving, by the AMF, a second message from the SMF in response to the first message, and the second message may include a PDU session release command message and the access type). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of S2-2104290 and Yao with the target DNAI information comprises a session management function selection type as taught by Kim to provide improved traffic flow (Kim, [0004]). Conclusion 9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2022/0201543 [0061] In the case that the AMF 330 determines that a data traffic routing influence request is applicable to this communication session and the UE's current location is within the service area of the SMF, but the SMF serving the current location does not support any DNAI specified in the data traffic routing influence request information, the AMF 330 may send the DNAI and UE location to the NRF to select an I-SMF that supports the DNAI for the new communication session. 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. JENEE HOLLAND Examiner Art Unit 2469 /JENEE HOLLAND/Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Feb 06, 2026
Non-Final Rejection mailed — §102, §103
Apr 28, 2026
Response Filed
Jul 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
84%
Grant Probability
91%
With Interview (+7.2%)
2y 11m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allowance rate.

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