DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract uses legal phraseology (i.e., “said mobile network”, “said UE”, “said architecture”, “said control plane”, “said IP network”) that should be avoided. Correction is required. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
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.
Claim 1 is rejected 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 applicant regards as the invention. Claim 1 recites the clause with the optional language “adapted to…” Claim 1 fails to point out whether the claimed limitations after the term "adapted to" are required to be performed or they are optional claimed limitations. In order to present the claim in a better form and to describe a positive or require steps/function to be performing (i.e. using the claim language that does not suggest or make optionally but required steps to be performed), Applicant is suggested to revise the claim language such that the steps/functions, which follows “adapted to”, to be performed are required (not optional). See MPEP 2111.04 (I).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim 1 is rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Meriau (Pub. No.: US 2012/0087274).
Regarding claim 1, Meriau discloses an architecture (see Fig. 2) for the support of user plane transactions (see Fig. 2, para. 0037, 0062, 0090, Allow a MTC (Machine Type Communication) Device to send its Up Link (UL) data (ex: user plane transactions) within the NAS Attach Request message) over a mobile network (see para. 0050 – 0051, mobile network) between an User Equipment UE (see Fig. 2, para. 0090, MTC device) and an IP network (see Fig. 2, IP network is inherent in IP packets exchanged between gateway and MTC-server), said mobile network comprising at least one node, referred to as control plane node (see Fig. 2, para. 0011, 0070, a Mobility Management Entity (MME)), supporting control plane transactions between said UE and said mobile network over control plane bearer (see Fig. 2, para. 0090, Allow a MTC (Machine Type Communication) Device to send its Up Link (UL) data within the NAS Attach Request message, Control Plane (CP) signalling (ex: control plane bearer) transports the UL data (ex: user plane transactions) to the Mobility Management (MM) entity (Mobility Management Entity (MME)…),
said architecture comprising: said UE and said control plane node adapted to support user plane transactions over said mobile network between said UE and said control plane node (see Fig. 2, para. 0090, Allow a MTC (Machine Type Communication) Device to send its Up Link (UL) data within the NAS Attach Request message, Control Plane (CP) signalling (ex: control plane bearer) transports the UL data (ex: user plane transactions) to the Mobility Management (MM) entity (Mobility Management Entity (MME)…hence the MTC device and MME are configured to support sending and receiving Up Link data (ex: user plane transactions)), over control plane bearer (see para. 0090, control plane signalling),
said control plane node adapted to support user plane transactions over said mobile network between said control plane node and said IP network without need of user plane bearer in said mobile network (see Fig. 2, para. 0090, Up Link (UL) data is sent within the NAS Attach Request message, para. 0088, For MTC (Machine Type Communication) Device with Low data transfer characteristic, Up Link (UL) data transfer can be done at same time as the Access to the Network via the use of the Control Plane message…Down Link (DL) data sending can also be done in the same way, via DL CP Response message, para. 0089, This avoids allocating bearer resources (hence without the need of user plane bearer) and avoids the seen to know bearer related signalling in the device), said control plane node interfacing, with or without IP tunnelling, with a gateway function (see Fig. 2, MME interfaces with gateway) interfacing with said IP network (see Fig. 2, para. 0090, gateway communicates to MTC-server using IP packets; hence it interfaces with said IP network).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473