DETAILED ACTION
This action is responsive to communications filed 15 January 2026.
Claim 3 has been canceled.
Claims 1-2 and 4-20 are subject to examination.
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 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 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(s) 1-2, 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao.
Regarding claim 1, Albasheir discloses:
A system ([1:64-2:11] systems), comprising:
a memory that stores computer instructions ([9:28-43] instructions stored on one or more computer-readable media); and
a processor configured to execute the computer instructions ([9:28-43] computer-executable instructions (i.e. computer processor configured to execute the instructions)) to:
initialize a first user plane function for a first service area ([4:30-45] status of the UPF 110 (e.g., online; i.e. to be online requires to be initialized) [5:1-17] UPF response 120 can include … locality information (i.e. for a first UPF, a first service area));
initialize a second user plane function for a second service area ([4:30-45] status of the UPF 110 (e.g., online; i.e. to be online requires to be initialized) [5:1-17] UPF response 120 can include … locality information (i.e. for a second UPF, a second service area)), wherein the second service area and the first service area share an overlap area ([7:22-35] RAN 212 … with any type or amount of overlapping coverage or mutually exclusive coverage, see [FIG. 2] (i.e. overlap area by overlapping coverage));
receive a request from a user equipment to connect to a network ([4:52-58] UE 102 can transmit a session request … initiate a voice communication, a video communication, a data communication, and the like (i.e. voice connection, video connection, etc. over a network));
identify a location of the user equipment ([4:59-67] location of the UE 102 (i.e. to have the UPF query include information of a location of the UE requires to identify the location of the UE));
determine a first load of the first user plane function and a second load of the second user plane function ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF and second load of second UPF));
in response to the first load exceeding the second load ([10:38-53] first utilization level (e.g. 80% CPU) … second utilization level (e.g., 30% utilization level)), connect the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication); and
in response to the second load exceeding the first load ([11:43-52] first selection of at least one first user plane based at least in part on the request and the utilization information … to balance a load across a plurality of available user planes (i.e. in a case that a second load is higher than a first load, balancing requires to add utilization to the first load, which requires to determine that the second load exceeds the first load similarly as above)), connect the user equipment to the first user plane function ([11:43-52] first selection of at least one first user plane based at least in part on the request and the utilization information … to balance a load across a plurality of available user planes (i.e. in a case that a second load is higher than a first load, balancing requires to add utilization to the first load));
Albasheir does not explicitly disclose:
wherein the second service area and the first service area each have a corresponding non-overlapping area;
determine whether the location is in the overlap area; and
in response to the location being in the overlap area:
determine a first load of the first user plane function and a second load of the second user plane function.
in response to the location being in the corresponding non-overlapping area of the first service area:
connect the user equipment to the first user plane function; and
in response to the location being in the corresponding non-overlapping area of the second service area:
connect the user equipment to the second user plane function.
However, Dao discloses:
wherein the second service area and the first service area each have a corresponding non-overlapping area ([6:66-7:24] each UPF is associated with a different respective geographic UPF service area … core service areas of NF-1 and NF-2 are non-overlapping … extended service areas of NF-1 and NF-2 are overlapping);
determine whether the location is in the overlap area ([8:9-9:8] NF service consumer … select a NF service producer … based on one or more of the following factors … location of the application server(s) (AS) … UE location among others … UE location is within a core service area (i.e. non-overlapping as above) … UE location is in the extended service area (i.e. overlapping as above)); and
in response to the location being in the overlap area ([8:9-9:8] UE location is in the extended service area (i.e. overlapping as above)):
determine a first load of the first user plane function and a second load of the second user plane function ([8:38-9:8] if there are more than one NFs … select a NF … based on the UE mobility pattern … NF load … NF load analytics (i.e. load and load analytics of NFs such as UPF-2 to UPF-3), see [23:48-57] allow the re-selection of NF … load balancing, see also [FIG. 6] e.g. UPF-2, UPF-3).
in response to the location being in the corresponding non-overlapping area of the first service area ([8:9-9:8] UE location is within a core service area, see [6:66-7:24] e.g. NF-1):
connect the user equipment to the first user plane function ([31:64-32:15] SMF, source NEF, UPF-1 are configured to support data connection of a UE within a data network (DN)); and
in response to the location being in the corresponding non-overlapping area of the second service area ([8:9-9:8] UE location is within a core service area, see [6:66-7:24] e.g. NF-2):
connect the user equipment to the second user plane function ([31:64-32:15] when UE moves to a new location outside of service area of the SMF … select an I-SMF to support the SMF controlling then UPF-2 and UPF-3).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Dao to have the second service area and the first service area each having a corresponding non-overlapping area, and determine whether the location is in the overlap area to determine a first load of the first user plane function and a second load of the second user plane function, and in response to the location being in the corresponding non-overlapping area of the first or second service area, connecting the user equipment to the first or second user plane function, respectively. One of ordinary skill in the art would have been motivated to do so to select a NF service producer based on one or more factors such as service area, core service area, extended service area, location of the application servers, UE location, etc. (Dao, [8:9-23]).
Regarding claim 2, Albasheir-Dao disclose:
The system of claim 1, set forth above,
Albasheir discloses:
wherein the processor connects the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication) by being configured to execute the computer instructions ([9:28-43] computer-executable instructions (i.e. computer processor configured to execute the instructions)) to:
in response to the first load exceeding a load threshold value ([10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)), connect the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Regarding claim 8, Albasheir discloses:
A computing device ([1:64-2:11] devices), including:
a memory that stores computer instructions ([9:28-43] instructions stored on one or more computer-readable media); and
a processor that ([9:28-43] computer-executable instructions (i.e. computer processor configured to execute the instructions)), when executing the computer instructions ([9:28-43] computer-executable instructions (i.e. computer processor configured to execute the instructions)), causes the computing device ([1:64-2:11] devices) to:
initialize a first user plane function for a first service area that includes a first tracking area ([4:30-45] status of the UPF 110 (e.g., online; i.e. to be online requires to be initialized) [5:1-17] UPF response 120 can include … locality information (i.e. for a first UPF, a first service area), see [1:64-2:11] based on a current, historical, or expected utilization … based on the services requested and various locations of the services in a network (i.e. tracking the locations is a tracking area, e.g. first tracking area));
initialize a second user plane function for a second service area that includes a third tracking area ([4:30-45] status of the UPF 110 (e.g., online; i.e. to be online requires to be initialized) [5:1-17] UPF response 120 can include … locality information (i.e. for a second UPF, a second service area), see [1:64-2:11] based on a current, historical, or expected utilization … based on the services requested and various locations of the services in a network (i.e. tracking the locations is a tracking area, e.g. third tracking area)), wherein the first tracking area of the first service area overlaps the third tracking area of the second service area ([7:22-35] RAN 212 … with any type or amount of overlapping coverage or mutually exclusive coverage, see [FIG. 2] (i.e. overlap area by overlapping coverage), see [1:64-2:11] based on a current, historical, or expected utilization … based on the services requested and various locations of the services in a network (i.e. tracking the locations is a tracking area));
receive a request from a user equipment to connect to a network ([4:52-58] UE 102 can transmit a session request … initiate a voice communication, a video communication, a data communication, and the like (i.e. voice connection, video connection, etc. over a network));
query a location of the user equipment ([4:59-67] location of the UE 102 (i.e. to have the UPF query include information of a location of the UE requires to identify the location of the UE));
determine a first load of the first user plane function and a second load of the second user plane function ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF and second load of second UPF));
in response to the first load exceeding the second load ([10:38-53] first utilization level (e.g. 80% CPU) … second utilization level (e.g., 30% utilization level)), connect the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication); and
in response to the second load exceeding the first load ([11:43-52] first selection of at least one first user plane based at least in part on the request and the utilization information … to balance a load across a plurality of available user planes (i.e. in a case that a second load is higher than a first load, balancing requires to add utilization to the first load, which requires to determine that the second load exceeds the first load similarly as above)), connect the user equipment to the first user plane function ([11:43-52] first selection of at least one first user plane based at least in part on the request and the utilization information … to balance a load across a plurality of available user planes (i.e. in a case that a second load is higher than a first load, balancing requires to add utilization to the first load)).
Albasheir does not explicitly disclose:
a first service area that includes a first tracking area and a distinct second tracking area;
a second service area that includes a third tracking area and a distinct fourth tracking area;
and wherein the distinct second tracking area of the first user plane function does not overlap the distinct fourth tracking area of the second user plane function;
determine whether the location is simultaneously in the first tracking area and the third tracking area;
in response to the location being simultaneously in the first tracking area and the third tracking area:
determine a first load of the first user plane function and a second load of the second user plane function.
However, Dao discloses:
a first service area that includes a first tracking area and a distinct second tracking area ([6:66-7:56] each UPF is associated with a different respective geographic UPF service area … core service areas of NF-1 and NF-2 are non-overlapping … extended service areas of NF-1 and NF-2 are overlapping … assigned service area of a NF may be represented by … one or more identifiers of tracking area, such as tracking area identity (TAI) (i.e. first tracking area is an extended service area of NF-1 and a distinct second tracking area is a core service area of NF-1));
a second service area that includes a third tracking area and a distinct fourth tracking area ([6:66-7:24] each UPF is associated with a different respective geographic UPF service area … core service areas of NF-1 and NF-2 are non-overlapping … extended service areas of NF-1 and NF-2 are overlapping … assigned service area of a NF may be represented by … one or more identifiers of tracking area, such as tracking area identity (TAI) (i.e. third tracking area is an extended service area of NF-2 and a distinct fourth tracking area is a core service area of NF-2));
and wherein the distinct second tracking area of the first user plane function does not overlap the distinct fourth tracking area of the second user plane function ([8:9-9:8] NF service consumer … select a NF service producer … based on one or more of the following factors … location of the application server(s) (AS) … UE location among others … UE location is within a core service area (i.e. non-overlapping as above) … UE location is in the extended service area (i.e. overlapping as above), see [31:64-32:15] SMF, source NEF, UPF-1 are configured to support data connection of a UE within a data network (DN) … when UE moves to a new location outside of service area of the SMF … select an I-SMF to support the SMF controlling then UPF-2 and UPF-3);
determine whether the location is simultaneously in the first tracking area and the third tracking area ([8:9-9:8] NF service consumer … select a NF service producer … based on one or more of the following factors … location of the application server(s) (AS) … UE location among others … UE location is within a core service area (i.e. non-overlapping as above) … UE location is in the extended service area (i.e. overlapping as above));
in response to the location being simultaneously in the first tracking area and the third tracking area ([8:9-9:8] UE location is in the extended service area (i.e. overlapping as above)):
determine a first load of the first user plane function and a second load of the second user plane function ([8:38-9:8] if there are more than one NFs … select a NF … based on the UE mobility pattern … NF load … NF load analytics (i.e. load and load analytics of NFs such as UPF-2 to UPF-3), see [23:48-57] allow the re-selection of NF … load balancing, see also [FIG. 6] e.g. UPF-2, UPF-3).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Dao to have a first service area include a distinct second tracking area, and a second service area include a distinct fourth tracking area, such that the distinct second and fourth tracking areas do not overlap, and determine whether the location is simultaneously in the first and third tracking area to determine a first and second load of the first and second UPFs. One of ordinary skill in the art would have been motivated to do so to select a NF service producer based on one or more factors such as service area, core service area, extended service area, location of the application servers, UE location, etc. (Dao, [8:9-23]).
Regarding claim 15, Albasheir discloses:
A method ([1:64-2:11] techniques), comprising:
receiving, at a computing device ([1:64-2:11] devices), a request from a user equipment to connect to a network ([4:52-58] UE 102 can transmit a session request … initiate a voice communication, a video communication, a data communication, and the like (i.e. voice connection, video connection, etc. over a network));
determining a first load of the first user plane function ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF));
determining whether the first load exceeds a threshold value ([10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)); and
in response to determining that the first load exceeds the threshold value ([10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)), connecting the user equipment in the overlap area to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Albasheir does not explicitly disclose:
determining, by the computing device, whether the user equipment is in a first area associated with a first user plane function of the network, in a second area associated with a second user plane function of the network, or in an overlap area associated with both the first user plane function and the second user plane function; and
in response to determining that the user equipment is in the first area;
connecting the user equipment in the first area to the first user plane function;
in response to determining that the user equipment is in the second area;
connecting the user equipment in the second area to the second user plane function; and
in response to determining that the user equipment is in the overlap area:
determining a first load of the first user plane function;
However, Dao discloses:
determining, by the computing device, whether the user equipment is in a first area associated with a first user plane function of the network, in a second area associated with a second user plane function of the network, or in an overlap area associated with both the first user plane function and the second user plane function ([6:66-7:24] each UPF is associated with a different respective geographic UPF service area … core service areas of NF-1 and NF-2 are non-overlapping … extended service areas of NF-1 and NF-2 are overlapping [8:9-9:8] NF service consumer … select a NF service producer … based on one or more of the following factors … location of the application server(s) (AS) … UE location among others … UE location is within a core service area (i.e. non-overlapping as above) … UE location is in the extended service area (i.e. overlapping as above)); and
in response to determining that the user equipment is in the first area ([8:9-9:8] UE location is within a core service area, see [6:66-7:24] e.g. NF-1);
connecting the user equipment in the first area to the first user plane function ([31:64-32:15] SMF, source NEF, UPF-1 are configured to support data connection of a UE within a data network (DN));
in response to determining that the user equipment is in the second area ([8:9-9:8] UE location is within a core service area, see [6:66-7:24] e.g. NF-2);
connecting the user equipment in the second area to the second user plane function ([31:64-32:15] when UE moves to a new location outside of service area of the SMF … select an I-SMF to support the SMF controlling then UPF-2 and UPF-3); and
in response to determining that the user equipment is in the overlap area ([8:9-9:8] UE location is in the extended service area (i.e. overlapping as above)):
determining a first load of the first user plane function ([8:38-9:8] if there are more than one NFs … select a NF … based on the UE mobility pattern … NF load … NF load analytics (i.e. load and load analytics of NFs such as UPF-2 to UPF-3), see [23:48-57] allow the re-selection of NF … load balancing, see also [FIG. 6] e.g. UPF-2, UPF-3);
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Dao to have the second service area and the first service area each having a corresponding non-overlapping area, and determine whether the location is in the overlap area to determine a first load of the first user plane function and a second load of the second user plane function, and in response to the location being in the corresponding non-overlapping area of the first or second service area, connecting the user equipment to the first or second user plane function, respectively. One of ordinary skill in the art would have been motivated to do so to select a NF service producer based on one or more factors such as service area, core service area, extended service area, location of the application servers, UE location, etc. (Dao, [8:9-23]).
Claim(s) 4-5, 9, 14, 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao further in view of Soryal et al. (US-20240340847-A1) hereinafter Soryal.
Regarding claim 4, Albasheir-Dao disclose:
The system of claim 1,
Albasheir discloses:
wherein the processor determines the first load and the second load ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF and second load of second UPF)) by being configured to execute the computer instructions ([9:28-43] computer-executable instructions (i.e. computer processor configured to execute the instructions)) to:
Albasheir does not explicitly disclose:
determine a first future load of the first user plane function and a second future load of the second user plane function.
However, Soryal discloses:
determine a first future load of the first user plane function and a second future load of the second user plane function ([0072] selecting may be based upon various factors … anticipated demand (i.e. future load, e.g. of floating UPFs, see [FIG. 2] F-UPF 211-212-213)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Soryal to have determine future loads of the UPFs. One of ordinary skill in the art would have been motivated to do so to select and assign host mobile communication devices to collectively operate as a floating UPF based on anticipated demand (Soryal, [0072]).
Regarding claim 5, Albasheir-Dao disclose:
The system of claim 1, wherein the processor is configured to further execute the computer instructions, set forth above, to:
Albasheir-Dao do not explicitly disclose:
connect the user equipment to the first user plane function in response to the user equipment being in the first service area and prior to determining that the location is in the overlap area.
However, Soryal discloses:
connect the user equipment to the first user plane function in response to the user equipment being in the first service area and prior to determining that the location is in the overlap area ([0022] select between a floating UPF and non-floating UPF, and/or between two or more floating UPFs based on the application(s) being used … may add a floating UPF in an area into which one or more UEs will be traveling toward so that floating UPF is ready when the UE(s) arrive (i.e. already connected to a UPF or F-UPF, and another F-UPF is added in the direction of travel is equated to prior to determining that the location is in the overlap area, see [FIG. 2] e.g. F-UPFs 211-212-213 and associated service areas).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir-Dao in view of Soryal to have connected the UE to the first UPF in response to the first UE being in the first service area and prior to determining that the location is in the overlap area. One of ordinary skill in the art would have been motivated to do so to select a UPF based on the application(s) being used and adding a floating UPF in an area into which one or more UEs will be traveling toward so that the floating UPF is ready when the UE(s) arrive (Soryal, [0022]).
Regarding claim 9, Albasheir-Dao disclose:
The computing device of claim 8, wherein the processor, set forth above,
Albasheir discloses:
when executing the computer instructions to determine the first load and the second load ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF and second load of second UPF)), causes the computing device ([1:64-2:11] devices) to:
Albasheir does not explicitly disclose:
predict, by a network data analysis function, the first load and the second load associated with a future time.
However, Soryal discloses:
predict, by a network data analysis function ([0072] processing system may select … based upon … anticipated demand (i.e. anticipated by the system, a network data analysis function)), the first load and the second load associated with a future time ([0072] selecting may be based upon various factors … anticipated demand (i.e. future load, e.g. of floating UPFs, see [FIG. 2] F-UPF 211-212-213)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Soryal to have determine future loads of the UPFs. One of ordinary skill in the art would have been motivated to do so to select and assign host mobile communication devices to collectively operate as a floating UPF based on anticipated demand (Soryal, [0072]).
Regarding claim 14, Albasheir-Dao disclose:
The computing device of claim 8, wherein the processor,
Albasheir discloses:
when executing the computer instructions to connect the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication):
Albasheir does not explicitly disclose:
connects the user equipment to the second user plane function based on a second future load of the second user plane function being less than a first future load of the first user plane function.
However, Soryal discloses:
connects the user equipment to the second user plane function based on a second future load of the second user plane function being less than a first future load of the first user plane function ([0072] selecting may be based upon various factors … anticipated demand (i.e. future load, e.g. of floating UPFs, see [FIG. 2] F-UPF 211-212-213)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Soryal to have determine future loads of the UPFs to select a UPF. One of ordinary skill in the art would have been motivated to do so to select and assign host mobile communication devices to collectively operate as a floating UPF based on anticipated demand (Soryal, [0072]).
Regarding claim 16, Albasheir-Dao disclose:
The method of claim 15, set forth above, further comprising:
Albasheir-Dao do not explicitly disclose:
connecting the user equipment to the first user plane function prior to determining whether the user equipment is in the overlap area.
However, Soryal discloses:
connecting the user equipment to the first user plane function prior to determining whether the user equipment is in the overlap area ([0022] select between a floating UPF and non-floating UPF, and/or between two or more floating UPFs based on the application(s) being used … may add a floating UPF in an area into which one or more UEs will be traveling toward so that floating UPF is ready when the UE(s) arrive (i.e. already connected to a UPF or F-UPF, and another F-UPF is added in the direction of travel is equated to prior to determining that the location is in the overlap area, see [FIG. 2] e.g. F-UPFs 211-212-213 and associated service areas).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir-Dao in view of Soryal to have connected the UE to the first UPF in response to the first UE being in the first service area and prior to determining that the location is in the overlap area. One of ordinary skill in the art would have been motivated to do so to select a UPF based on the application(s) being used and adding a floating UPF in an area into which one or more UEs will be traveling toward so that the floating UPF is ready when the UE(s) arrive (Soryal, [0022]).
Regarding claim 19, Albasheir-Dao disclose:
The method of claim 15, set forth above, further comprising:
Albasheir discloses:
connecting a plurality of second user equipment in the overlap area to the first user plane function ([11:43-52] first selection of at least one first user plane based at least in part on the request and the utilization information … to balance a load across a plurality of available user planes (i.e. in a case that a second load is higher than a first load, balancing requires to add utilization to the first load)), including:
generating a first percentage associated with the first user plane function ([10:38-53] first utilization level (e.g. 30% CPU)), and a second percentage associated with the second user plane function ([10:38-53] second utilization level (e.g., 80% utilization level)), and
connecting a number of the plurality of second user equipment in the overlap area to the first user plane function based on the first percentage ([11:43-52] first selection of at least one first user plane based at least in part on the request and the utilization information … to balance a load across a plurality of available user planes (i.e. in a case that a second load is higher than a first load, balancing requires to add utilization to the first load)).
Albasheir does not explicitly disclose:
the first and second percentages being based on a first predicted future load of the first user plane function and a second predicted future load of the second user plane function;
However, Soryal discloses:
the first and second percentages being based on a first predicted future load of the first user plane function and a second predicted future load of the second user plane function ([0072] selecting may be based upon various factors … anticipated demand (i.e. future load, e.g. of floating UPFs, see [FIG. 2] F-UPF 211-212-213)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Soryal to have determine future loads of the UPFs. One of ordinary skill in the art would have been motivated to do so to select and assign host mobile communication devices to collectively operate as a floating UPF based on anticipated demand (Soryal, [0072]).
Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao further in view of Soryal et al. (US-20240340847-A1) hereinafter Soryal further in view of Park et al. (US-11818603-B2) hereinafter Park.
Regarding claim 6, Albasheir-Dao-Soryal disclose:
The system of claim 5, wherein the processor is configured to further execute the computer instructions, set forth above, to:
Albasheir discloses:
determine whether the first load exceeds a load threshold value while the user equipment is connected to the first user plane function ([11:25-32] selecting a user plane function based on utilization information during a handover (i.e. handing over from one already connected UPF to another UPF), see [10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)); and
in response to the first load exceeding the load threshold value ([10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF), switch an IP anchor point of the user equipment from the first user plane function to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Albasheir does not explicitly disclose:
when a session and service continuity mode 2 or mode 3 is available.
However, Park discloses:
when a session and service continuity mode 2 or mode 3 is available ([25:34-26:17] if the procedure may be triggered for SSC mode 3 … session to be released).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Park to have switched an IP anchor point when a SSC mode 2 or SSC mode 3 is available. One of ordinary skill in the art would have been motivated to do so to release a session by using SSC mode 3 (Park, [25:34-26:17]).
Regarding claim 18, Albasheir-Dao-Soryal disclose:
The method of claim 16, wherein connecting the user equipment in the overlap area to the second user plane function, set forth above, includes:
Albasheir discloses:
switching, by the computing device ([1:64-2:11] devices), an IP anchor point of the user equipment from the first user plane function to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Albasheir does not explicitly disclose:
in a session and service continuity mode 2 or mode 3.
However, Park discloses:
in a session and service continuity mode 2 or mode 3 ([25:34-26:17] if the procedure may be triggered for SSC mode 3 … session to be released).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Park to have switched an IP anchor point under a SSC mode 2 or SSC mode 3. One of ordinary skill in the art would have been motivated to do so to release a session by using SSC mode 3 (Park, [25:34-26:17]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao further in view of Park et al. (US-11818603-B2) hereinafter Park.
Regarding claim 12, Albasheir-Dao disclose:
The computing device of claim 8, wherein the processor, set forth above,
Albasheir discloses:
when executing the computer instructions to determine the first load and the second load ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF and second load of second UPF)), causes the computing device ([1:64-2:11] devices) to:
determine whether the first load exceeds a load threshold value associated with an overload probability of the first user plane function being above a selected level ([11:25-32] selecting a user plane function based on utilization information during a handover (i.e. handing over from one already connected UPF to another UPF), see [10:38-53] first utilization level is above a utilization threshold (70%; i.e. above 70% is above the selected level of 70%) … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)); and
in response to the first load being greater than the load threshold value ([11:25-32] selecting a user plane function based on utilization information during a handover (i.e. handing over from one already connected UPF to another UPF), see [10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)), modify an IP anchor point of the user equipment from the first user plane function to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Albasheir does not explicitly disclose:
under a session and service continuity mode 2 or mode 3,
However, Park discloses:
under a session and service continuity mode 2 or mode 3 ([25:34-26:17] if the procedure may be triggered for SSC mode 3 … session to be released).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Park to have modified an IP anchor point under a SSC mode 2 or SSC mode 3. One of ordinary skill in the art would have been motivated to do so to release a session by using SSC mode 3 (Park, [25:34-26:17]).
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao further in view of Soryal et al. (US-20240340847-A1) hereinafter Soryal further in view of ETSI (NPL, ETSI TS 123 501 V16.12.0 (2022-03)).
Regarding claim 7, Albasheir-Dao-Soryal disclose:
The system of claim 5, wherein the processor is configured to further execute the computer instructions, set forth above, to:
Albasheir discloses:
determine whether the first load exceeds a load threshold value while the user equipment is connected to the first user plane function ([11:25-32] selecting a user plane function based on utilization information during a handover (i.e. handing over from one already connected UPF to another UPF), see [10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)); and
in response to the first load exceeding the load threshold value ([10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF),
connect the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Albasheir does not explicitly disclose:
when a session and service continuity mode 1 is available:
determine if the user equipment is dormant when the first load exceeds the load threshold value;
in response to determining that the user equipment is dormant, disconnect the user equipment from the first user plane function;
receive a request from the user equipment to reconnect after being disconnected; and
However, ETSI discloses:
when a session and service continuity mode 1 is available ([p. 125-126; 5.6.9.2.1 SSC Mode 1] for a PDU session of SSC mode 1 (i.e. available)):
determine if the user equipment is dormant when the first load exceeds the load threshold value ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released; CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant));
in response to determining that the user equipment is dormant ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released; CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant)), disconnect the user equipment from the first user plane function ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released (i.e. disconnected); CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant));
receive a request from the user equipment to reconnect after being disconnected ([p. 78; 5.3.3.2.2 CM-IDLE state] transmission of an Initial NAS message … initiates the transition from CM-IDLE to CM-CONNECTED state (i.e. reconnect after being disconnected)); and
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of ETSI to have determined if the UE is dormant when the first load exceeds the load threshold value on SSC mode 1 to disconnect the UE, and reconnect the UE when not idle to a second UPF. One of ordinary skill in the art would have been motivated to do so to transition from CM-IDLE to CM-CONNECTED state via transmission of an Initial NAS message and allocate additional PDU Session Anchors to support IP continuity regardless of UE mobility events (ETSI, [p. 78] [p. 125-126]).
Regarding claim 17, Albasheir-Dao-Soryal disclose:
The method of claim 16, set forth above,
Albasheir discloses:
wherein connecting the user equipment in the overlap area to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication) includes:
Albasheir does not explicitly disclose:
determining, by the computing device in a session and service continuity mode 1, whether the user equipment is dormant;
in response to determining that the user equipment is dormant, disconnecting the user equipment from the network; and
connecting the user equipment to the second user plane function when the user equipment attempts to reconnect to the network after being disconnected.
However, ETSI discloses:
determining, by the computing device in a session and service continuity mode 1 ([p. 125-126; 5.6.9.2.1 SSC Mode 1] for a PDU session of SSC mode 1), whether the user equipment is dormant ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released; CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant));
in response to determining that the user equipment is dormant ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released; CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant)), disconnecting the user equipment from the network ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released (i.e. disconnected); CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant)); and
connecting the user equipment to the second user plane function when the user equipment attempts to reconnect to the network after being disconnected ([p. 78; 5.3.3.2.2 CM-IDLE state] transmission of an Initial NAS message … initiates the transition from CM-IDLE to CM-CONNECTED state (i.e. reconnect after being disconnected) [p. 125-126] ;5.6.9.2.1 SSC Mode 1] allocate additional PDU Session Anchors to support IP continuity regardless of UE mobility events (i.e. second anchor; second UPF)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of ETSI to have determined if the UE is dormant when the first load exceeds the load threshold value on SSC mode 1 to disconnect the UE, and reconnect the UE when not idle to a second UPF. One of ordinary skill in the art would have been motivated to do so to transition from CM-IDLE to CM-CONNECTED state via transmission of an Initial NAS message and allocate additional PDU Session Anchors to support IP continuity regardless of UE mobility events (ETSI, [p. 78] [p. 125-126]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao further in view of ETSI (NPL, ETSI TS 123 501 V16.12.0 (2022-03)).
Regarding claim 13, Albasheir-Dao disclose:
The computing device of claim 8, wherein the processor, set forth above,
Albasheir discloses:
when executing the computer instructions to determine the first load and the second load ([5:1-17] utilization info 114 received from the UPF 110 (as well as other UPFs; i.e. first load of first UPF and second load of second UPF)), causes the computing device ([1:64-2:11] devices) to:
determine whether the first load exceeds a load threshold value associated with an overload probability of the first user plane function being above a selected level ([11:25-32] selecting a user plane function based on utilization information during a handover (i.e. handing over from one already connected UPF to another UPF), see [10:38-53] first utilization level is above a utilization threshold (70%; i.e. above 70% is above the selected level of 70%) … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)); and
in response to the first load being greater than the load threshold value ([11:25-32] selecting a user plane function based on utilization information during a handover (i.e. handing over from one already connected UPF to another UPF), see [10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)), connect the user equipment to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication).
Albasheir does not explicitly disclose:
under a session and service continuity mode 1:
determine whether the user equipment is dormant;
in response to determining that the user equipment is dormant, disconnect the user equipment from the first user plane function;
receive a reconnect request from the user equipment; and
in response to receiving the reconnect request, connect the user equipment to the second user plane function.
However, ETSI discloses:
under a session and service continuity mode 1 ([p. 125-126; 5.6.9.2.1 SSC Mode 1] for a PDU session of SSC mode 1):
determine whether the user equipment is dormant ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released; CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant));
in response to determining that the user equipment is dormant ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released; CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant)), disconnect the user equipment from the first user plane function ([p. 78; 5.3.2.4 Support of a UE registered over both 3GPP and Non-3GPP access] CM-IDLE over Non-3GPP access … shall be released (i.e. disconnected); CM-IDLE over 3GPP access … shall be released (i.e. to be released in CM-IDLE state requires to determine if the UE is in CM-IDLE; dormant));
receive a reconnect request from the user equipment ([p. 78; 5.3.3.2.2 CM-IDLE state] transmission of an Initial NAS message … initiates the transition from CM-IDLE to CM-CONNECTED state (i.e. reconnect after being disconnected)); and
in response to receiving the reconnect request ([p. 78; 5.3.3.2.2 CM-IDLE state] transmission of an Initial NAS message … initiates the transition from CM-IDLE to CM-CONNECTED state (i.e. reconnect after being disconnected)), connect the user equipment to the second user plane function ([p. 125-126] ;5.6.9.2.1 SSC Mode 1] allocate additional PDU Session Anchors to support IP continuity regardless of UE mobility events (i.e. second anchor; second UPF)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of ETSI to have determined if the UE is dormant when the first load exceeds the load threshold value on SSC mode 1 to disconnect the UE, and reconnect the UE when not idle to a second UPF. One of ordinary skill in the art would have been motivated to do so to transition from CM-IDLE to CM-CONNECTED state via transmission of an Initial NAS message and allocate additional PDU Session Anchors to support IP continuity regardless of UE mobility events (ETSI, [p. 78] [p. 125-126]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albasheir et al. (US-10397758-B2) hereinafter Albasheir in view of Dao et al. (US-11659454-B2) hereinafter Dao further in view of Min et al. (US-20250227538-A1) hereinafter Min.
Regarding claim 20, Albasheir-Dao disclose:
The method of claim 15, set forth above, further comprising:
Albasheir discloses:
moving first user equipment of a plurality of user equipment that are connected to the first user plane function to the second user plane function ([10:54-64] second user plane (or any network function, e.g. second UPF) is to be selected for the communication) based on the threshold value ([10:38-53] first utilization level is above a utilization threshold … such that addition assignments of UEs to the UPF … may degrade a quality of connections associated with the first UPF (i.e. to second UPF to not degrade the first UPF)).
Albasheir does not explicitly disclose:
moving first user equipment of a plurality of user equipment that are connected to the first user plane function to the second user plane function based on a rate of new user equipment connecting to the first user plane function.
However, Min discloses:
moving first user equipment of a plurality of user equipment that are connected to the first user plane function to the second user plane function based on a rate of new user equipment connecting to the first user plane function ([0027] minimize the average UE queuing latency … for each UPF, the sum of the request rates from all connected UEs should be less than the UPF’s processing rate … UE connection decision is encoded … number of UPFs is limited and the task having a higher priority will have more prepared UPFs in the UPF pool [0029] pull or assign a UPF from the UPF pool (i.e. to a second UPF)).
It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Albasheir in view of Min to have moved the first UE to a second UPF based on a rate of new user equipment connecting to the first UPF. One of ordinary skill in the art would have been motivated to do so to have the sum of the request rates of all connected UEs be less than the UPF’s processing rate (Min, [0027]).
Allowable Subject Matter
Claims 10-11 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nieminen (US-11051207-B2) LOAD BALANCING IN CELLULAR NETWORKS;
Sharma et al. (US-20220167211-A1) METHOD AND SYSTEM FOR LOCAL AREA DATA NETWORK (LADN) SELECTION BASED ON DYNAMIC NETWORK CONDITIONS;
Arora et al. (US-11889352-B2) INTELLIGENT AND OPTIMAL RESOURCE SELECTION WITHIN A NETWORK SLICE;
Narath et al. (US-11758436-B2) USER PLANE FUNCTION (UPF) SELECTION BASED ON PREDICTED LOAD INFORMATION.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/Alex Tran/Primary Examiner, Art Unit 2453
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