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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6-15-2026 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 5-18-2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 10880802 and 11812318 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
The double patenting rejection has been withdrawn in view of the terminal disclaimer.
Applicant's arguments filed 6-15-2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument directed to the amended limitation, please note that the added portions of connectivity procedure not accepted by the network and/or handling network rejection read on the limitation: “after transmitting the attach reject message and after subsequently receiving the second attach request message, the first and second attach request message received from the same UE” since the sections 6.5.1.4.2-6.5.1.4.3 for handling network rejection are after transmitting the attach reject message and allow the re-attempt depending on the factors. Thereby, reading on the claim’s limitations.
The rest of the arguments fall for the same reasons as shown above. The rejection of record stands.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TS 24.301 V16.4.0.
As to claim 1, 3GPP TS 24.301 V16.4.0 discloses a method for transferring an ongoing emergency session from a first network to a second network [The UE shall set the request type to "handover of emergency bearer services" when a PDN connection for emergency bearer services is to be transferred from a WLAN to the 3GPP access network or when the UE supporting N1 mode requests transfer of an existing emergency PDU session in 5GS.] (see section 6.5.1.2), the method comprising:
while the emergency session is ongoing between a user equipment (UE) and the first network, receiving, by a network component in the second network from the UE, a first attach request message, the first attach request message comprising a PDN CONNECTIVITY REQUEST message with request type set to "handover" [the UE shall send a PDN CONNECTIVITY REQUEST message to the MME… If the UE supports N1 mode and the request type is: "handover" or "handover of emergency bearer services"] (see section 6.5.1.2);
transmitting, from the network component to the UE in response to receiving the first attach request message, an attach reject message [the MME shall send a PDN CONNECTIVITY REJECT message to the UE] (see section 6.5.1.4.1);
receiving, by the network component from the UE responsive to the attach reject message, a second attach request message, the second attach request message comprising a PDN CONNECTIVITY REQUEST message with request type set to "handover of emergency bearer services" for the ongoing emergency session [The UE shall set the request type to "handover of emergency bearer services" when a PDN connection for emergency bearer services is to be transferred from a WLAN to the 3GPP access network or when the UE supporting N1 mode requests transfer of an existing emergency PDU session in 5GS….If the PDN CONNECTIVITY REJECT message is due to an ESM failure notified by EMM layer (i.e., EMM cause #19 "ESM failure" included in an ATTACH REJECT message), the UE may include a different APN in the PDN CONNECTIVITY REQUEST message… the UE is allowed to initiate an attach procedure or PDN connectivity procedure if the procedure is for emergency bearer services] (see section 6.5.1.2, 6.5.1.4.1-6.5.1.4.3, 6.5.3.4.2); and
after transmitting the attach reject message and after subsequently receiving the second attach request message, the first and second attach request message received from the same UE, transmitting, by the network component to the UE, an attach accept message for transferring the ongoing emergency session from the first network to the second network [the MME shall send the ACTIVATE DEFAULT EPS BEARER CONTEXT REQUEST message together with ATTACH ACCEPT] (see section 6.4.1.2, 6.5.1.3-6.5.1.4.3). 3GPP TS 24.301 V16.4.0 is not clear which networks in the steps; however, it would be obvious that handover can go from one network to the other and vice versa. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention that the steps apply to go from one network to the other and vice versa for the simple purpose of continuing the communication as needed.
As to claim 2, 3GPP TS 24.301 V16.4.0 discloses the method of claim 1, wherein the second attach request message is an emergency attach request message [The UE shall set the request type to "handover of emergency bearer services" when a PDN connection for emergency bearer services is to be transferred from a WLAN to the 3GPP access network or when the UE supporting N1 mode requests transfer of an existing emergency PDU session in 5GS….If the PDN CONNECTIVITY REJECT message is due to an ESM failure notified by EMM layer (i.e., EMM cause #19 "ESM failure" included in an ATTACH REJECT message), the UE may include a different APN in the PDN CONNECTIVITY REQUEST message… the UE is allowed to initiate an attach procedure or PDN connectivity procedure if the procedure is for emergency bearer services] (see section 6.5.1.2, 6.5.1.4.1-6.5.1.4.3, 6.5.3.4.2.
As to claim 3, 3GPP TS 24.301 V16.4.0 discloses the method of claim 1, wherein the attach reject message comprises an evolved packet system (EPS) mobility management (EMM) cause code [If the PDN CONNECTIVITY REJECT message is due to an ESM failure notified by EMM layer (i.e., EMM cause #19 "ESM failure" included in an ATTACH REJECT message) (see section 6.5.1.4.1).
As to claim 4, 3GPP TS 24.301 V16.4.0 discloses the method of claim 3, wherein the EMM cause code is #19 and indicates EPS Session Management (ESM) failure [If the PDN CONNECTIVITY REJECT message is due to an ESM failure notified by EMM layer (i.e., EMM cause #19 "ESM failure" included in an ATTACH REJECT message)] (see section 6.5.1.4.1).
As to claim 5, 3GPP TS 24.301 V16.4.0 discloses the method of claim 1, wherein the first network is a fifth generation (5G) network and wherein the second network is a fourth generation (4G) network. [The UE shall set the request type to "handover of emergency bearer services" when a PDN connection for emergency bearer services is to be transferred from a WLAN to the 3GPP access network or when the UE supporting N1 mode requests transfer of an existing emergency PDU session in 5GS.] (see section 6.5.1.2). 3GPP TS 24.301 V16.4.0 is not clear which networks in the steps; however, it would be obvious that handover can go from one network to the other and vice versa. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention that the steps apply to go from one network to the other and vice versa for the simple purpose of continuing the communication as needed.
As to claim 6, 3GPP TS 24.301 V16.4.0 discloses the method of claim 1, wherein the first network is part of a fifth generation system (5GS) and wherein the second network is part of an EPS [The UE shall set the request type to "handover of emergency bearer services" when a PDN connection for emergency bearer services is to be transferred from a WLAN to the 3GPP access network or when the UE supporting N1 mode requests transfer of an existing emergency PDU session in 5GS.] (see section 6.5.1.2). 3GPP TS 24.301 V16.4.0 is not clear which networks in the steps; however, it would be obvious that handover can go from one network to the other and vice versa. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention that the steps apply to go from one network to the other and vice versa for the simple purpose of continuing the communication as needed.
As to claim 7, 3GPP TS 24.301 V16.4.0 discloses the method of claim 2, wherein the emergency attach request message comprises an attach type set to "EPS emergency attach" (see section 5.5.1.2.1, 6.5.1.2, 6.5.1.4.1-6.5.1.4.3, 6.5.3.4.2, Table D.1.1).
As to claim 8, 3GPP TS 24.301 V16.4.0 discloses the method of claim 1, wherein the second attach request message comprises an attach type not set to "EPS emergency attach" (see section 5.5.1.2.5B, Table D.1.1).
Regarding claims 9-16, they are the respective network component claims of method claims 1-7. Therefore, claims 10-16 are rejected for the same reasons as shown above. Please note that inherently devices require a processor and memory to accomplish a process.
Regarding claims 17-20, they are the respective non-transitory computer readable storage medium claims of method claims 1-4. Therefore, claims 17-20 are rejected for the same reasons as shown above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at (571)270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647
Prosecution Insights