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 .
DETAILED ACTION
Claims 1 – 20 are pending in this application. Claims 1, 7, 14 and 16 are independent.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1 – 8, 12 – 17 and 20 are rejected under 35 U.S.C. 101 because the claimed invention, under its broadest reasonable interpretation, is directed to an abstract idea without significantly more. In the present case, claim(s) 1 – 8, 12 – 17 and 20 (as a whole) is/are directed to an abstract idea. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception, as explained in the analysis (subject matter eligibility test) presented below.
Step 1: Are the claim(s) directed to a process, machine, manufacture or composition of
matter? YES.
Step 2A: Is the claimed concept directed to a law of nature, a natural phenomenon, or an
abstract idea as previously identified (i.e., as judicially recognized exceptions) by the courts? YES.
Claim(s) 1 – 8, 12 – 17 and 20 (as a whole), under the broadest reasonable interpretation of the claims, are directed to an abstract idea in the form of merely determining (whether or not to trigger); transmitting data (e.g., a request/ message); and receiving data (e.g., a response/ message).
These steps fall within "An Idea 'Of Itself'" – MPEP § 2106.04(a)(2) Part (III) – e.g., organizing or analyzing information in a way that can be performed mentally or is analogous to human mental work, which are well-established abstract ideas previously identified (i.e., as judicially recognized exceptions) by the courts.
They provide nothing more than mere instructions to implement the said abstract idea on a generic physical hardware. The recited devices merely automate conventional steps using known devices. Thus, the claim(s) do not integrate the judicial exception into a practical application.
Step 2B: Do the claim(s) recite additional elements that amount to significantly more
than the judicial exception? NO.
The elements, individually and in combination, do not amount to significantly more
than the abstract idea. The claimed hardware components perform their routine functions in conventional ways. Furthermore, steps include no more than mere data gathering and manipulation concepts recited at a high level of generality, and thus are insignificant extra-solution activities which fall within judicially recognized exceptions.
Conclusion: In view of the analysis presented above, the said claim(s) are not directed to
eligible subject matter under 35 U.S.C. §101 because they are directed to an abstract idea and do not recite additional elements that amount to significantly more than the abstract idea. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim(s) are not patent eligible.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GARCIA AZORERO, Fuencisla (US-20190357130-A1, hereinafter simply referred to as Garcia).
Regarding independent claim 1, Garcia teaches:
A method performed by a first management function (e.g., Session Management Function (SMF) (FIG. 1) of Garcia), the method comprising: determining whether or not to trigger a network slice access control function (NSACF) procedure (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia) (See at least Garcia, ¶ [0079, 0085]; FIGS. 1, 5, 6; "…one or more network slice selection events that trigger a network slice reselection for each NF specified in the route above. For example, the NSRR may specify that, in the AMF, a request for network slice selection occurs at specific mobility events and/or PDN connection requests. In a further example, the NSRR may specify that the SMF should request network slice selection (for further UP NF selection) at reception of a PDN connection request…", "…The PC_NSS may provide to the SMF information about the NSRR to be applied for that network slice to use at the service scope, e.g. service (data flow) procedures. This decision may be based on dynamic polices that consider different network and subscriber conditions. The PC_NSS may also provide additional information to the SMF that indicates under which conditions it needs to be triggered for network slice re-evaluation…"); after determining to trigger the procedure, transmitting a first request message to an NSACF (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia) (See at least Garcia, ¶ [0035, 0036]; FIGS. 1, 5, 6; "…the network slice routing rule further comprises data indicating one or more conditions and/or events specifying when a further network slice selection request should be transmitted to the PC_NSS…", "…upon the receiver receiving a further UE request originating from the UE, the network slice requester is configured to determine whether one or more of the conditions and/or events has occurred, and, if so, to control the transmitter to transmit a further network slice selection request to the PC_NSS…"), the first request message comprising: i) a network slice identifier (ID) (e.g., the network slice instance ID of Garcia), ii) a user equipment (UE) ID (e.g., UE data & information (¶[0090]) of Garcia), and iii) a first session ID (e.g., data relating to the PDU session establishment request, such as PDN Identification data of Garcia); and receiving a response message transmitted by the NSACF (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia) (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…").
Regarding independent claim 7, Garcia teaches:
A method performed by a network slice access control function (NSACF) (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia), the method comprising: receiving a request message transmitted by a management function, MF (e.g., Session Management Function (SMF) (FIG. 1) of Garcia) (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…"), the request message comprising: i) a network slice identifier (ID) (e.g., the network slice instance ID of Garcia), ii) a user equipment (UE) ID (e.g., UE data & information (¶[0090]) of Garcia), and iii) a first session ID (e.g., data relating to the PDU session establishment request, such as PDN Identification data of Garcia); processing the request message (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…"); and transmitting to the MF a response message responsive to the request message (See at least Garcia, ¶ [0085]; FIGS. 1, 5, 6; "…The PC_NSS may provide to the SMF information about the NSRR to be applied for that network slice to use at the service scope, e.g. service (data flow) procedures. This decision may be based on dynamic polices that consider different network and subscriber conditions. The PC_NSS may also provide additional information to the SMF that indicates under which conditions it needs to be triggered for network slice re-evaluation…").
Regarding independent claim 14, Garcia teaches:
A network node (e.g., Access and Mobility Management Function (AMF) (FIGS. 1 & 3) of Garcia), the network node comprising: a receiver (e.g., Receiver 304 (FIG. 3) of Garcia); and processing circuitry comprising a processor (e.g., Processor 308 (FIG. 3) of Garcia), wherein the network node is configured to perform a method comprising: determining whether or not to trigger a network slice access control function (NSACF) procedure (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia) (See at least Garcia, ¶ [0079, 0085]; FIGS. 1, 5, 6; "…one or more network slice selection events that trigger a network slice reselection for each NF specified in the route above. For example, the NSRR may specify that, in the AMF, a request for network slice selection occurs at specific mobility events and/or PDN connection requests. In a further example, the NSRR may specify that the SMF should request network slice selection (for further UP NF selection) at reception of a PDN connection request…", "…The PC_NSS may provide to the SMF information about the NSRR to be applied for that network slice to use at the service scope, e.g. service (data flow) procedures. This decision may be based on dynamic polices that consider different network and subscriber conditions. The PC_NSS may also provide additional information to the SMF that indicates under which conditions it needs to be triggered for network slice re-evaluation…"); after determining to trigger the procedure, transmitting a first request message to an NSACF (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia) (See at least Garcia, ¶ [0035, 0036]; FIGS. 1, 5, 6; "…the network slice routing rule further comprises data indicating one or more conditions and/or events specifying when a further network slice selection request should be transmitted to the PC_NSS…", "…upon the receiver receiving a further UE request originating from the UE, the network slice requester is configured to determine whether one or more of the conditions and/or events has occurred, and, if so, to control the transmitter to transmit a further network slice selection request to the PC_NSS…"), the first request message comprising: i) a network slice identifier (ID) (e.g., the network slice instance ID of Garcia), ii) a user equipment (UE) ID (e.g., UE data & information (¶[0090]) of Garcia), and iii) a first session ID (e.g., data relating to the PDU session establishment request, such as PDN Identification data of Garcia); and receiving a response message transmitted by the NSACF (e.g., Policy Control Network Slice Selection function, PC_NSS of Garcia) (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…").
Regarding independent claim 16, Garcia teaches:
A network node (e.g., Policy Control Network Slice Selection function, PC_NSS (FIG. 4) of Garcia), the network node comprising: a transmitter (e.g., transmitter 402 (FIG. 4) of Garcia); a receiver (e.g., receiver 404 (FIG. 4) of Garcia); and processing circuitry comprising a processor (e.g., processor 408 (FIG. 4) of Garcia), wherein the network node is configured to perform a method comprising: employing the receiver to receive a request message transmitted by a management function, MF (e.g., Session Management Function (SMF) (FIG. 1) of Garcia) (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…"), the request message comprising: i) a network slice identifier (ID) (e.g., the network slice instance ID of Garcia), ii) a user equipment (UE) ID (e.g., UE data & information (¶[0090]) of Garcia), and iii) a first session ID (e.g., data relating to the PDU session establishment request, such as PDN Identification data of Garcia); processing the request message (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…"); and employing the transmitter to transmit to the MF a response message responsive to the request message (See at least Garcia, ¶ [0085]; FIGS. 1, 5, 6; "…The PC_NSS may provide to the SMF information about the NSRR to be applied for that network slice to use at the service scope, e.g. service (data flow) procedures. This decision may be based on dynamic polices that consider different network and subscriber conditions. The PC_NSS may also provide additional information to the SMF that indicates under which conditions it needs to be triggered for network slice re-evaluation…").
Regarding dependent claims 2, 8, 15 and 17, Garcia teaches:
wherein the first request message further comprises a second session identifier (e.g., data relating to the PDU session establishment request, such as PDN Identification data of Garcia) (See at least Garcia, ¶ [0126]; FIGS. 1, 5, 6; "…Once the network grants connectivity for the UE 100, PDU sessions may be established with the network so that the UE can utilise subscribed services. FIG. 6 shows a signalling diagram for an exemplary PDU session establishment…").
Regarding dependent claims 3, 4 and 20, Garcia teaches:
wherein the method further comprises, prior to determining whether or not to trigger the NSACF procedure, receiving a request message transmitted by a second management function (MF) (e.g., Access and Mobility Management Function (AMF) (FIGS. 1 & 3) of Garcia) (See at least Garcia, ¶ [0079, 0082]; FIGS. 1, 5, 6; "…one or more network slice selection events that trigger a network slice reselection for each NF specified in the route above. For example, the NSRR may specify that, in the AMF, a request for network slice selection occurs at specific mobility events and/or PDN connection requests. In a further example, the NSRR may specify that the SMF should request network slice selection (for further UP NF selection) at reception of a PDN connection request…", "…The PC_NSS, at policy decision request from the AMF as part of the attach (or UE connectivity) procedure, and based on dynamic policies, may select network slice(s) that can be assigned to the UE at attach and at PDN connection establishment procedures…"), the determination as to whether or not to trigger the NSACF procedure is based on information included in the request message transmitted by the second MF (See at least Garcia, ¶ [0079, 0085]; FIGS. 1, 5, 6; "…one or more network slice selection events that trigger a network slice reselection for each NF specified in the route above. For example, the NSRR may specify that, in the AMF, a request for network slice selection occurs at specific mobility events and/or PDN connection requests. In a further example, the NSRR may specify that the SMF should request network slice selection (for further UP NF selection) at reception of a PDN connection request…", "…The PC_NSS may provide to the SMF information about the NSRR to be applied for that network slice to use at the service scope, e.g. service (data flow) procedures. This decision may be based on dynamic polices that consider different network and subscriber conditions. The PC_NSS may also provide additional information to the SMF that indicates under which conditions it needs to be triggered for network slice re-evaluation…"), and determining whether or not to trigger the NSACF procedure comprises determining whether the request message transmitted by the second MF is requesting establishment of session for a network slice that is subject to network slice access control (NASC) (See at least Garcia, ¶ [0097]; FIGS. 1, 5, 6; "…the PC_NSS may check (for example in step 514 of FIG. 5, described below) whether an NSSAI determined by the PC_NSS matches the NSSAI provided by the UE. If not and if the determined NSSAI is not supported by the AMF, the PC_NSS may provide redirect information instead of network slice information…").
Regarding dependent claim 5, Garcia teaches:
determining whether or not to include the update flag in the first request message (See at least Garcia, ¶ [0137]; FIGS. 1, 5, 6; "…If the network slice manager 318 determines that the received NSSAI does not match the NSSAI selected during the attach procedure, it controls the transmitter 302 to transmit to the UE 100 updated NSSAI information…").
Regarding dependent claim 6, Garcia teaches:
wherein determining whether or not to include the update flag in the first request message comprises determining whether the request message transmitted by the second MF includes an old session ID (See at least Garcia, ¶ [0082]; FIGS. 1, 5, 6; "…If the selected network slice for the attach procedure does not correspond with the one provided by the UE (the network slice(s) provided by the UE may be derived by the PC_NSS from the Network Slice Selection Assistance Information (NSSAI)), and the selected network slice does not comprise as NFs the AMF requesting policy decision, the AMF may redirect the UE to the proper network slice, and may return the determined NSSAI…"), if the request message transmitted by the second MF includes the old session ID, then the old session ID is included in the first request message but the update flag is not included in the first request message, and if the request message transmitted by the second MF does not include an old session ID, then the update flag is included in the first request message (See at least Garcia, ¶ [0082-0083]; FIGS. 1, 5, 6; "…If the selected network slice for the attach procedure does not correspond with the one provided by the UE (the network slice(s) provided by the UE may be derived by the PC_NSS from the Network Slice Selection Assistance Information (NSSAI)), and the selected network slice does not comprise as NFs the AMF requesting policy decision, the AMF may redirect the UE to the proper network slice, and may return the determined NSSAI…The AMF may inform the UE about the new NSSAI. [0083] When the selected network slice corresponds to the one derived by the NSSAI provided by the UE, or the requesting AMF is a network function included into the selected network slice(s), the PC_NSS may provide to the AMF at UE attach the information about the NSRR(s) (multiple NSRRs when the UE can simultaneously access to several slices)…").
Regarding dependent claims 9 and 18, Garcia teaches:
wherein the request message further comprises an update flag, and the method further comprises: based on the value of the update flag, updating a session counter associated with the network slice ID (See at least Garcia, ¶ [0155]; FIGS. 1, 5, 6; "…The SMF or the AMF may contact the PC_NSS at other events than attach/connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide a new NSRR. This enables use cases where the operator applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…").
Regarding dependent claims 10 and 19, Garcia teaches:
adding the first session ID to a data record identified by the UE ID, or removing the first session ID from a data record identified by the UE ID (See at least Garcia, ¶ [0087]; FIGS. 1, 5, 6; "…The PC_NSS may modify or revoke any of the previously provided NSRRs at any moment…").
Regarding dependent claim 11, Garcia teaches:
wherein the request message further comprises a second session ID (e.g., data relating to the PDU session establishment request, such as PDN Identification data of Garcia) (See at least Garcia, ¶ [0126]; FIGS. 1, 5, 6; "…Once the network grants connectivity for the UE 100, PDU sessions may be established with the network so that the UE can utilise subscribed services. FIG. 6 shows a signalling diagram for an exemplary PDU session establishment…"), and the method further comprises: removing the second session ID from a data record identified by the UE ID (See at least Garcia, ¶ [0087]; FIGS. 1, 5, 6; "…The PC_NSS may modify or revoke any of the previously provided NSRRs at any moment…"); and adding the first session ID to a data record (See at least Garcia, ¶ [0087]; FIGS. 1, 5, 6; "…The PC_NSS may modify or revoke any of the previously provided NSRRs at any moment…").
Regarding dependent claim 12, Garcia teaches:
A computer program comprising instructions which when executed by processing circuitry of a network node causes the network node to perform the method of claim 1 (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…").
Regarding dependent claim 13, Garcia teaches:
A computer program comprising instructions which when executed by processing circuitry of a network node causes the network node to perform the method of claim 7 (See at least Garcia, ¶ [0086]; FIGS. 1, 5, 6; "…The SMF, the AMF, or the MMF may contact the PC_NSS at other events than attach/ connectivity request or PDU session establishment (such as mobility, change of access type, service detection, etc.), if configured to do so within the NSRR. The PC_NSS may then select a different network slice and/or provide new NSRR(s). This enables use cases where an operator of the network applies a different network slice for different geographical areas, for different access networks or when a new service is activated for this PDN connection…").
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: See the Notice of References Cited (PTO–892)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IDOWU O OSIFADE whose telephone number is (571)272-0864. The Examiner can normally be reached on Monday-Friday 8:00am-5:00pm EST.
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/IDOWU O OSIFADE/Primary Examiner, Art Unit 2675