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 .
Claim Objections
Claim 14 is objected to because of the following informality:
In claim 14, line 1, “claim 6” should be replaced with --claim 13--
Appropriate correction is required.
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.
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.
Claims 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yin et al. (US 2019/0230060 A1) in view of Chen et al. (US 2020/0413468 A1).
Regarding claim 1, Yin teaches a method comprising: sending, by a first network gateway component (Fig. 2: User plane network element 1), an message to a network device (UE), wherein the message is sent over a user plane of a wireless communication network (paragraph 3: a user plane (UP) network element is responsible for forwarding of user service data); determining by the network gateway component, whether a response is received in response to the message (paragraph 4: (1) After detecting that a user plane network element 1 is faulty); and sending, to a control plane network gateway component (Fig. 2: Control plane network element) of the wireless communication network, a connection failure message upon determining that the response is not received (paragraph 4: (1) After detecting that a user plane network element 1 is faulty, a control plane network element learns of affected user equipments, and instructs these user equipments to re-establish a data connection. (2) After receiving a notification from the control plane network element, the user equipment initiates a connection establishment request), the connection failure message triggering the control plane network gateway component to select a second user plane network gateway component (user plane network element 2) for user plane data communication with the network device (paragraph 4: (2) After receiving a notification from the control plane network element, the user equipment initiates a connection establishment request, requesting to re-establish a data connection. (3) After receiving the request from the user equipment, the control plane network element selects a new user plane network element 2 to establish a data connection).
Although Yin teaches a message, Yin does not explicitly disclose an echo message.
However, Chen teaches an echo message (paragraph 7: Echo Request/Echo Response messages).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claims 2, 9 and 16, Yin and Chen teach the method of claim 1, but Yin does not explicitly disclose wherein the echo message is sent upon receiving a Create Session Request.
However, Chen teaches wherein the echo message is sent upon receiving a Create Session Request (paragraph 59: Create Session Request).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claims 3, 10 and 17, Yin and Chen teach the method of claim 2, wherein Yin further teaches the first network gateway component is a user plane packet data network gateway (PGWu) (paragraph 4: P-GW). Yin does not explicitly disclose the network device is a user plane serving gateway (SGWu).
However, Chen teaches network device is a user plane serving gateway (SGWu) (see Fig. 8; paragraph 11: SGW-U).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claims 4, 11 and 18, Yin and Chen teach the method of claim 1, but Yin does not explicitly disclose wherein the echo message is sent during a session modification request.
However, Chen teaches wherein the echo message is sent during a session modification request (paragraph 69: Modification Request message; paragraph 60).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claims 5, 12 and 19, Yin and Chen teach the method of claim 4, but does not explicitly disclose wherein the first network gateway is a co-located user plane packet data network gateway (PGWu) and a user plane serving gateway (SGWu) and the network device is an eNode-B.
However, Chen teaches wherein the first network gateway is a co-located user plane packet data network gateway (PGWu) and a user plane serving gateway (SGWu) and the network device is an eNode-B (see Fig. 8; paragraph 11: PGW-U, SGW-U, eNb).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claims 6 and 13, Yin and Chen teach the method of claim 1, but Yin does not explicitly disclose wherein the echo message is sent during a session management (SM) update process.
However, Chen teaches wherein the echo message is sent during a session management (SM) update process (paragraph 78: This case relates to detecting the failure when the user plane path is being established by the SMF).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claims 7 and 14, Yin and Chen teach the method of claim 6, but Yin does not explicitly disclose wherein the first network gateway component is a user plane function (UPF) and the network device is gNode-B.
However, Chen teaches the first network gateway component is a user plane function (UPF) (paragraphs 77-79: UPF) and the network device is gNode-B (see Fig. 8: eNB).
In view of this, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Yin’s method by incorporating the teachings of Chen, for the purpose of communication according to a specified technique.
Regarding claim 8, Yin teaches the same limitations described above in the rejection of claim 1. Yin further teaches a network component (Fig. 2: User plane network element 1) comprising: one or more memories including computer-readable instructions stored therein (paragraph 252: memory… computer readable storage medium); and one or more processors configured to execute the computer-readable instructions (processor is inherent in user plane network elements; paragraph 252: computer readable storage medium).
Regarding claim 15, Yin teaches the same limitations described above in the rejection of claim 1. Yin further teaches one or more non-transitory computer-readable media comprising computer-readable instructions, which when executed by one or more processors (processor is inherent in user plane network elements; paragraph 252: computer readable storage medium) of a user plane network component of a wireless communication network (Fig. 2: User plane network element 1).
Regarding claim 20, Yin teaches the same limitations described above in the rejection of claims 6 and 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RHONDA L MURPHY whose telephone number is (571)272-3185. The examiner can normally be reached Monday-Friday 9:00-5:00pm.
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/RHONDA L MURPHY/Primary Examiner, Art Unit 2462