CTNF 18/569,807 CTNF 90960 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This office correspondence is in response to the application number 18/569807 filed on December 13, 2023. Preliminary Amendment Prior to examination on the merits, Applicant has requested amendments to the claims for examination. The amendments are accepted. Claims 9 – 10 are amended. Claims 11 – 20 are added. Claims 1 – 20 are pending. Authorization for Internet Communications The examiner encourages Applicant to submit an authorization to communicate with the examiner via the Internet by making the following statement (from MPEP 502.03): “Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.” Please note that the above statement can only be submitted via Central Fax (not Examiner's Fax), Regular postal mail, or EFS Web using PTO/SB/439 . Priority This Application is the National Stage filing under 35 U.S.C. § 371 of PCT Application Ser. No. PCT/CN2021/125316 filed on October 21, 2021 which claims the benefit of Chinese Patent Application No. 202110681421.5 filed with the China National Intellectual Property Administration on June 18, 2021, and entitled "METHOD AND APPARATUS FOR IN-SERVICE UPGRADING OF NETWORK SLICES, AND STORAGE MEDIUM." The applicant is entitled to a priority date of 6/18/2021. Information Disclosure Statement The information disclosure statements (IDS) submitted on December 13, 2023 and December 18, 2024 were filed on or after the mailing date of the application on December 13, 2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 35 USC § 101 Analysis – Judicial Exception 07-04-01 AIA 07-04 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. The claimed invention is directed to statutory subject matter and are not rejected under 35 USC 101 because of a judicial exception. . The claimed subject matter is integrated into a practical application under prong 2 of the Step 2A analysis as documented in MPEP 2016.04(d). The claims are directed to non-abstract improvements in computer related technology. A claim is non-statutory when it is directed to a judicial exception (e.g. either one of mathematical concepts, mental processes, or certain methods of organizing human activity) without significantly more. The claimed invention is not directed to a judicial exception. Instead, the claimed invention is directed to a technological improvement for in-service upgrading of network slices where the process includes a second device receives version information and configuration information of respective network slices synchronized by a first device, and when the synchronization of the version information and the configuration information is completed, performing master/standby switching between respective first slice control planes of the first device and respective second slice control planes of the second device, and performing master/standby switching between respective first slice forwarding planes of the first device and respective second slice forwarding planes of the second device, and when the master/standby switching of the slice control planes and the slice forwarding planes is completed, loading configuration data and performing configuration according to the configuration data by the second device, so as to complete upgrading of the second device. The ordered combination of the elements and limitations bound the claimed invention to a specific and useful improvement to the upgrading of multiple network slices on a device as a control plane and a forwarding plane are set for each network slice, and by master/standby switching between the first slice control planes of the first device and the second slice control planes of the second device and master/standby switching between the first slice forwarding planes of the first device and the second slice forwarding planes of the second device, respective network slices of the second device perform independent version upgrade according to their respective version information and configuration information. By means of the claimed invention, the problems known in the art that a device with multiple network slices can only upgrade the multiple network slices to the same version during upgrading may be solved, thereby ensuring that upgrading processes of multiple network slices do not affect each other, and a variation of updated versions of the multiple network slices are supported. Therein, the claimed invention is statutory under 35 USC 101. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1 – 5, 9 – 10, and 14 – 18 are rejected under 35 U.S.C. 103 as being un-patentable over Erman et al. (U.S. 2021/0036920 A1; herein referred to as Erman) in view of Shaw et al. (U.S. 2018/0332442 A1; herein referred to as Shaw) In regard to claim 1, Erman teaches A method for in-service upgrading of network slices (see ¶ [0016] “ . . . various methods, systems and apparatuses that can be used to define a network slice based on descriptions of the computing functions involved in the network service, and to configure the network slice using resources that are associated with the descriptions. . . .”) , which is performed by a second device (see Fig. 2 -201 , ¶ [0018] “ . . . As shown in FIG. 2, end device 201 may use various network services by transmitting and receiving data via network 202. The end device 201 may be user equipment, a station capable of communicating via a RAN, or some other device that uses a network service. Further, the end device 201 may be associated with an end-user (e.g., a personal computer or personal cell phone) or may be associated with an enterprise (e.g., a server or other computing device of an industrial site, corporation, or other enterprise). The end user and/or the enterprise may have a business relationship with a service provider that operates network 202 . . .”) the method comprising: receiving, by the second device, version information and configuration information of respective network slices synchronized by a first device (e.g. Fig 2 203 one or more computing devices) (see ¶¶ [0020 – 0021] “ . . . One or more computing devices 203 may be configured to determine a network slice definition for the network slice 240 and, based on the network slice definition, determine configuration data for configuring the network slice 240 onto the computing resources. The configuration data may, in some variations, be communicated to a computing resource management and operation (MANO) 225 and/or a computing resource element manager (EM) 230. A computing resource MANO 225 may be configured to manage and orchestrate the computing resources and any other infrastructure element including, for example, the management and orchestration of physical computing resources, networking resources, storage resources and virtual computing resources. A computing resource EM 230 may be configured to communicate directly with the computing resources 235 and/or any other infrastructure element. The computing resource EM 230 may be configured to, based on direct communications with the physical resources, configure those physical resources and/or activate a physical resource once appropriately configured. The one or more computing devices 203 may be configured to perform the determinations of the network slice definition and the configuration data based on three different layers: service management layer 205, network slice management layer 210, and network slice transformation layer 215. In some variations, these layers serve to separate the management of the network slices from the underlying computing resources. This separation may allow for the network slice management layer 210 to be unaware of what specific types of computing resources (e.g., virtual machines, physical machines, etc.) or computing function resources (e.g., eNodeB, HSS, MME, BTS, etc.) are configured or otherwise used for the network slice 240. Instead, the network slice transformation layer 215 may determine configuration data and may cause the configuration of the computing resources based on the configuration data. After being configured, the computing resources may be capable of operating as specific computing function resources. For example, based on the configuration data, a virtual computing resource or a physical computing resource from the computing resources 235 may be configured to perform functions of or otherwise operate as an eNodeB, an HSS, an MME, a BTS, or the like . . .” see ¶ [0062] “ . . . the network slice definition may be formatted according to or based on a version of ETSI Network Service Description (NSD), other industry-standard data model definition, or proprietary data model definition. . . “) ; Erman fails to explicitly teach, However Shaw teaches when the synchronization of the version information and the configuration information is completed, performing master/standby switching (see Shaw ¶ [0002] “ . . . a dynamic network slice-switching and handover system and method . . .”) between respective first slice control planes of the first device (e.g. first access point) and respective second slice control planes of the second device (second access point) (see Shaw ¶ [0013] “ . . . accessing a mobile service by a first wireless access point operating within a first radio frequency spectrum. The mobile service includes control plane operations and data plane operations of the first wireless access point, wherein the control plane operations are separate from the data plane operations and configured to facilitate a forwarding of user data via the data plane operations. A second wireless access point is identified operating within a second radio frequency spectrum, wherein the first radio frequency spectrum includes one of a managed frequency spectrum and an un-managed frequency spectrum, and wherein the second radio frequency spectrum comprises a different one of the managed frequency spectrum and the un-managed frequency spectrum. The accessing of the mobile service be transferred to the second wireless access point is requested via the control plane operations and without interrupting the forwarding of the user data via the data plane operations of the first wireless access point. A response to the request is received via the control plane operations without interrupting the forwarding of the user data via the data plane operations of the first wireless access point. Responsive to the response indicating that second wireless access point has been configured to accommodate a redirection of the forwarding of the user data via the data plane operations from the first wireless access point to the second wireless access point, the redirection of the forwarding of the user data via the data plane operations to the second wireless access point. . ..”) and performing master/standby switching between respective first slice forwarding planes (first user plane) of the first device and respective second slice forwarding planes (second user plane) of the second device (see Shaw ¶¶ [0072-0074] “ . . . A request to provide the UE with access to a second access point is received at 354. The request can be received from the UE and/or from another device, such as another UE, a portal, another network device, equipment of a third party, and the like . . .. To the extent that the request is determined or otherwise deemed acceptable at 356, a pre-coordination is conducted at 362 of delivery of the service and/or related applications to UE via the second access network and/or access point. As disclosed in relation to the first process, the pre-coordination can include an exchange of one or more messages using a control plane associated with the service without interrupting a flow of user data by the separate but related user plane of the same service . .”) ; and when the master/standby switching between the first slice control planes and the second slice control planes and between the first slice forwarding planes (e.g. user plane) and the second slice forwarding planes is completed (see Shaw¶ [0078] “ . . . delivery of service to UE is facilitated via second access point at 370. This can include redirection of user plane traffic and control plane traffic from the first slice and/or access network/point to the second slice and/or access network/point. . . “) , loading configuration data and performing configuration according to the configuration data by the second device, so as to complete upgrading of the second device (see ¶¶ [0065-0066] “ . . . To the extent that the request is permitted, the network alone or in cooperation with equipment of a third party, such as equipment of a third party service provider providing the service and/or equipment of the third party managing slice switching and/or handovers, the alternative access network can be instantiated, accessed, configured and/or reconfigured as necessary to accommodate the request. In this regard, message are exchanged by the control plane between one or more of the requesting UE, the mobile network, any participating third party equipment and/or other UEs engaging cooperatively in the service. The network and/or third party equipment can provide a message to the requesting UE based on results of the aforementioned evaluation. In particular the related exchanging of the control plane messages can occur without interrupting user data packets or traffic associated with the service. Based on the message exchange, the second network is established and a notice sent to the requesting UE. The requesting UE can determine whether the request has been accepted at 312, e.g., based on the received message. To the extent the change is accepted, the UE performs any reconfigurations as may be necessary to access the second network. Changes can include, without limitation, activation of another antenna and/or radio, e.g., a first antenna and/or radio used by the first access network and a second antenna and/or radio used by the second network. Once the reconfiguration has been accomplished, the UE can transfer packet exchanges, e.g., control plane and/or data plane packet exchanges to the second access network at 314 . . .”). It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s application to incorporate systems, devices, and methods for dynamic slice switching and handover for a mobile service using a separate control plane and user plane for each mobile service and/or mobile application to set up sessions and/or logical network slices for user plane forwarding of user data during a dynamic slice switch and handover between 3GPP and non-3GPP wireless networks, as taught by Shaw, into systems, devices, and methods that can be used to define a network slice based on descriptions of the computing functions involved in the network service, and to configure the network slice using resources that are associated with the descriptions, wherein computing devices in the network determine configuration data which is communicated when device requests an update, as taught by Erman. Such incorporation provides a means to reconfigure a device to a new network slice without a total reset. In regard to claim 2 the combination of Erman and Shaw teaches , wherein receiving, by the second device, the version information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) comprises: receiving, by the second device, an in-service upgrading start command sent by the first device (see Erman¶ [0022] “ . . . The service management layer 205 may be configured to determine a request for a network slice based on certain network activity and transmit the request to the network slice management layer 210. For example, the service management layer 205 may determine a request for a network slice based on receiving a request for a content-based network service (e.g., video network service, audio network service, virtual reality network service) that was transmitted by the end device 201. As another example, the service management layer 205 may determine a request for a network slice based on network usage. In one such example, the service management layer 205 may determine one or more traffic spikes in the network 202 have occurred and request a network slice in an attempt to dedicate resources to a type of traffic or a geographic region that is causing the traffic spike. As yet another example, the service management layer 205 may determine a request for a network service based on receiving a command from an operator. For example, an operator of network 202 may cause the service management layer 205 to receive a command that indicates a network slice is to be configured for a particular network service (e.g., a microwave backhaul service for a RAN . . “) ; and performing, by the second device, resetting according to the in-service upgrading start command, and receiving, by the second device, latest version information of the respective network slices synchronized by a version management module of the first device (see Erman ¶¶ [0086-0087] “ . . . the one or more computing devices may determine configuration data for configuring the one or more computing function resources. This determination may be based on the network slice definition and information indicating the configuration parameters for each computing function resource. The information indicating the configuration parameters may include an ordered list. Each entry of the ordered list may include a name of a parameter, a value of a parameter, and a process for how the parameter is set (e.g., an indication that the Representational State Transfer (REST) API is used to set the parameter). The information indicating the configuration parameters for each computing function resource may be stored in a database (e.g., database 220). Further, the information indicating the configuration parameters may be included as part of the knowledge base. The configuration data may include may include a template for each of the one or more computing function resources and one or more executable scripts. Each template may include a description of resource allocations in the computing resources or other infrastructure elements (e.g., allocate a virtual machine for an eNodeB). In particular, the description may include allocations of compute nodes, virtual links, and the like. Each template may comply with or be similar to a version of ETSI Network Service Resource (NSR) specification . . .”) In regard to claim 3, the combination of Erman and Shaw teaches wherein receiving, by the second device, the configuration information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) comprises : receiving, by the second device, configuration information for keeping a service uninterrupted of the respective network slices that is synchronized by a data storage module of the first device (see Erman ¶ [0025] “ . . . The network slice transformation layer 215 may receive the network slice definition. Based on the network slice definition and data associations stored in database 220, the network slice transformation layer 215 may determine one or more computing function resources. Each of the computing function resources may indicate a specialized resource including, for example, eNodeB, HSS, MME, BTS, or the like. . . .”) , wherein the configuration information for keeping the service uninterrupted is used for keeping traffic forwarding and a service state of the second device (see Erman ¶ [0034] “ . . . The network service, as one of its features, may provide a content-related data flow that, via the network slice, is routed over the RANs and to the user equipment. The content-related data flows may include bidirectional video data flows associated with data traffic from a conversational video applica789tion (e.g., SKYPE, FACETIME, etc.) or other types of multimedia data flows that are latency-sensitive. Such latency-sensitive multimedia data flows may further include bidirectional audio (e.g., audio chat), bidirectional VR video, unidirectional audio/video/VR, and other such multimedia data flows. . .”). In regard to claim 4, the combination of Erman and Shaw teaches wherein receiving, by the second device, the configuration information for keeping the service uninterrupted of the respective network slices that is synchronized by the data storage module of the first device (see Erman ¶ [0034] as described for the rejection of claim 3 and is incorporated herein) comprises: determining first network slices of the first device and second network slices of the second device (see Erman ¶ [0042] “ . . . the example method of FIG. 4A may be performed by one or more computing devices configured to provide the service management layer 205. At step 401 of FIG. 4A, one or more computing devices may determine whether to request a network slice. This determination may be based on one or more data transmissions routed over a network (e.g., an access network 350 or network 202). For example, an end device (e.g., end device 201, which may be associated with an end user or an enterprise) may transmit a request for a particular network service (e.g., a content-based service, such as QoE assured mobile device video streaming) and, upon receipt of the request, the one or more computing devices may determine to request a network slice for the network service. An end device may transmit a command that indicates a network slice is to be configured for a particular network service (e.g., microwave backhaul service for a RAN) and, upon receipt of the command, the one or more computing device may determine to request a network slice for the network service. . . .”) ; and receiving, through the respective second network slices, first configuration information for keeping the service uninterrupted that is synchronized by the respective first network slices (see Erman ¶ [0078] “ . . . the one or more computing devices may determine, based on the network slice definition and data that associates computing function definitions to computing function resources, one or more computing function resources. These data that associates computing function definitions to computing function resources may be stored in a database (e.g., database 220). Additionally, as will be discussed in connection with step 459, this determination may be based on further information. For example, the available computing function descriptions and/or the inventory of the available computing function resources of may be used as a basis for this determination. Further, one or more computing resource constraints and one or more policy rules may be used as a basis for this determination. The one or more computing resource constraints and the one or more policy rules may be stored in the database (e.g., database 220). The data associations between the computing function definitions to computing function resources, one or more computing resource constraints and the one or more policy rules may be a part of a knowledge base for mapping the computing function descriptions to specific computing function resources and configuration data. . . .”). In regard to claim 5, the combination of Erman and Shaw teaches wherein after receiving, by the second device, the version information and the configuration information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) , the method further comprises: in a process that the respective network slices of the second device are upgraded according to the version information and the configuration information, when it is detected that a part of network slices in the respective network slices fail to be upgraded (see Shaw ¶ [0077] “ . . . a dynamic slice has been switched and/or whether the 5G 3GPP/non-3GPP handover has been completed is monitored at 368. To the extent that an indication of a successful switch/handover has not been detected at 366, the monitoring can continue at 364. It is envisioned that a number of attempts and/or time period may be applied, such that after a threshold number of attempts and/or time period has been exceeded, the processing of the request is abandoned. Such abandonment can include a reversion to the first access network/point, e.g., without having interrupted the user data traffic using the first access network/point. . . . “) , instructing the second slice control planes and the second slice forwarding planes corresponding to the part of network slices to perform a rollback operation (see Shaw ¶ [0080] “ . . . a dynamic slice has been switched and/or whether the 5G 3GPP/non-3GPP handover has been completed is monitored at 368. To the extent that an indication of a successful switch/handover has not been detected at 366, the monitoring can continue at 364. It is envisioned that a number of attempts and/or time period may be applied, such that after a threshold number of attempts and/or time period has been exceeded, the processing of the request is abandoned. Such abandonment can include a reversion to the first access network/point, e.g., without having interrupted the user data traffic using the first access network/point. . . .”) , and instructing other network slices to continue to be upgraded (see Shaw ¶ [0080] “ . . . A response to the request is detected via the control operations, also without interrupting the forwarding of the user data. Responsive to an indication that the second network has been configured to accommodate a redirection of the forwarding of the user data from the first network to the second, the redirection is facilitated. . . “). The motivation to combine Shaw with Erman is described for the rejection of claim 1 and is incorporated herein. Additionally, Shaw provides a remedy when the switch to the other slice is not accomplished. In regard to claim 9, Erman teaches An apparatus for in-service upgrading of network slices (see ¶ [0016] “ . . . various methods, systems and apparatuses that can be used to define a network slice based on descriptions of the computing functions involved in the network service, and to configure the network slice using resources that are associated with the descriptions. . . .”) , which is deployed in a second device (see Fig. 2 -201 , ¶ [0018] as described for the rejection of claim 1 and is incorporated herein) , the apparatus comprising a memory storing instructions and a processor in communication with the memory (see Fig. 7 ¶ [0134] “ . . . The computing device 712 shows just one example of the various types of hardware components that may be present in an apparatus that is configured to implement one or more aspects described in this disclosure. Computing device 712 may include a controller 725. The controller 725 may be connected to a user interface control 730, display 736 and/or other elements as illustrated. Controller 725 may include circuitry, such as for example one or more processors 728 and one or more memory 734 storing software 740. . . .”) , wherein the processor is configured to execute the instructions (see Fig. 7 ¶ [0136] “ . . . Software 740 may be stored within memory 734 to provide instructions to processor 728 such that when the instructions are executed, processor 728, device 712 and/or other components of device 712 are caused to perform various processes or methods, such as those described herein. The software may comprise machine executable instructions and data used by processor 728 and other components of computing device 712 may be stored in a storage facility such as memory 734 and/or in hardware logic in an integrated circuit, ASIC, etc. . .. “) to perform following operations: receiving, by the second device, version information and configuration information of respective network slices synchronized by a first device (e.g. Fig 2 203 one or more computing devices) (see ¶¶ [0020 – 0021], ¶ [0062] as described for the rejection of claim 1 and is incorporated herein) ; Erman fails to explicitly teach, However Shaw teaches when the synchronization of the version information and the configuration information is completed, performing master/standby switching (see Shaw ¶ [0002] as described for the rejection of claim 1 and is incorporated herein) between respective first slice control planes of the first device (e.g. first access point) and respective second slice control planes of the second device (second access point) (see Shaw ¶ [0013] as described for the rejection of claim 1 and is incorporated herein) , and performing master/standby switching between respective first slice forwarding planes (first user plane) of the first device and respective second slice forwarding planes (second user plane) of the second device (see Shaw ¶¶ [0072-0074] as described for the rejection of claim 1 and is incorporated herein) ; and when the master/standby switching between the first slice control planes and the second slice control planes and between the first slice forwarding planes (e.g. user plane) and the second slice forwarding planes is completed (see Shaw ¶ [0078] as described for the rejection of claim 1 and is incorporated herein) , loading configuration data and performing configuration according to the configuration data by the second device, so as to complete upgrading of the second device (see ¶¶ [0065-0066] as described for the rejection of claim 1 and is incorporated herein). The motivation to combine Shaw with Erman is described for the rejection of claim 1 and is incorporated herein. In regard to claim 10, Erman teaches A non-transitory computer-readable storage medium, wherein the computer-readable storage medium stores a computer program, and the computer program (see ¶ [0137] “ . . . Memory 734 may include any of various types of tangible machine-readable storage medium, including one or more of the following types of storage devices: read only memory (ROM) modules, random access memory (RAM) modules, magnetic tape, magnetic discs (for example, a fixed hard disk drive or a removable floppy disk), optical disk (for example, a CD-ROM disc, a CD-RW disc, a DVD disc), flash memory, and EEPROM memory. As used herein (including the claims), a tangible or non-transitory machine-readable storage medium is a physical structure that may be touched by a human. A signal would not by itself constitute a tangible or non-transitory machine-readable storage medium . . .”) , when running on a processor on a second device (see ¶ [0136] “ . . . Software 740 may be stored within memory 734 to provide instructions to processor 728 such that when the instructions are executed, processor 728, device 712 and/or other components of device 712 are caused to perform various processes or methods, such as those described herein. The software may comprise machine executable instructions and data used by processor 728 and other components of computing device 712 may be stored in a storage facility such as memory 734 and/or in hardware logic in an integrated circuit, ASIC, etc. Software may include both applications and operating system software, and may include code segments, instructions, applets, pre-compiled code, compiled code, computer programs, program modules, engines, program logic, and combinations thereof . . .”) , causes the processor to execute following operations : receiving, by the second device, version information and configuration information of respective network slices synchronized by a first device (e.g. Fig 2 203 one or more computing devices) (see ¶¶ [0020 – 0021], ¶ [0062] as described for the rejection of claim 1 and is incorporated herein) ; Erman fails to explicitly teach, However Shaw teaches when the synchronization of the version information and the configuration information is completed, performing master/standby switching (see Shaw ¶ [0002] as described for the rejection of claim 1 and is incorporated herein) between respective first slice control planes of the first device (e.g. first access point) and respective second slice control planes of the second device (second access point) (see Shaw ¶ [0013] as described for the rejection of claim 1 and is incorporated herein) , and performing master/standby switching between respective first slice forwarding planes (first user plane) of the first device and respective second slice forwarding planes (second user plane) of the second device (see Shaw ¶¶ [0072-0074] as described for the rejection of claim 1 and is incorporated herein) ; and when the master/standby switching between the first slice control planes and the second slice control planes and between the first slice forwarding planes (e.g. user plane) and the second slice forwarding planes is completed (see Shaw ¶ [0078] as described for the rejection of claim 1 and is incorporated herein) , loading configuration data and performing configuration according to the configuration data by the second device, so as to complete upgrading of the second device (see ¶¶ [0065-0066] as described for the rejection of claim 1 and is incorporated herein). The motivation to combine Shaw with Erman is described for the rejection of claim 1 and is incorporated herein. In regard to claim 14, the combination of Erman and Shaw teaches further comprising: in the process that the respective network slices of the second device are upgraded according to the version information and the configuration information, when it is detected that a part of network slices in the respective network slices fail to be upgraded (see Shaw ¶ [0077] as described for the rejection of claim 5 and is incorporated herein) , recording the second slice control plane and the second slice forwarding plane which fail to be upgraded, and setting an upgrade state of each network slice which fails to be upgraded to the rollback state (see Shaw ¶¶ [0115-0116] “ . . . The SDN controller and the management gateway forward traffic, both control plane and user plane to a correct single logical network slice and/or multiple logical network slices for each of the service requests. In an event that none of the available single slices is capable to support the initial request for service, multiple slice can be assigned to simultaneously support the requested service. Alternatively or in addition, one or more of the systems and/or processes disclosed herein can provide a dynamic multi-slicing capability, e.g., that can be invoked based on one or more of a profile and/or policy, e.g., according to a subscription level, such as a premium subscription. Alternatively or in addition, the capability can be invoked based on one or more of an emergency adaption, network capacity, e.g., network load, geographic location of the UE, service availability, and the like. It is further understood that the dynamic multi-slicing capability can be terminated and/or re-established based on profile and/or policy according to any of the foregoing parameters . . . “). The motivation to combine Shaw with Erman is described for the rejection of claim 1 and is incorporated herein. In regard to claim 15, the combination of Erman and Shaw teaches wherein receiving, by the second device, the version information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) comprises: receiving, by the second device, an in-service upgrading start command sent by the first device (see Erman¶ [0022] as described for the rejection of claim 2 and is incorporated herein) ; and performing, by the second device, resetting according to the in-service upgrading start command, and receiving, by the second device, latest version information of the respective network slices synchronized by a version management module of the first device (see Erman ¶¶ [0086-0087] as described for the rejection of claim 2 and is incorporated herein). In regard to claim 16, the combination of Erman and Shaw teaches wherein receiving, by the second device, the configuration information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) comprises : receiving, by the second device, configuration information for keeping a service uninterrupted of the respective network slices that is synchronized by a data storage module of the first device (see Erman ¶ [0025] as described for the rejection of claim 3 and is incorporated herein) , wherein the configuration information for keeping the service uninterrupted is used for keeping traffic forwarding and a service state of the second device (see Erman ¶ [0034] as described for the rejection of claim 3 and is incorporated herein) In regard to claim 17, the combination of Erman and Shaw teaches wherein receiving, by the second device, the configuration information for keeping the service uninterrupted of the respective network slices that is synchronized by the data storage module of the first device (see Erman ¶ [0034] as described for the rejection of claim 3 and is incorporated herein) comprises: determining first network slices of the first device and second network slices of the second device (see Erman ¶ [0042] as described for the rejection of claim 4 and is incorporated herein) ; and receiving, through the respective second network slices, first configuration information for keeping the service uninterrupted that is synchronized by the respective first network slices (see Erman ¶ [0078] (see Erman ¶ [0078] as described for the rejection of claim 4 and is incorporated herein) In regard to claim 18, the combination of Erman and Shaw teaches wherein the processor is configured to execute the instructions to further perform following operations after receiving, by the second device, the version information and the configuration information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) : in a process that the respective network slices of the second device are upgraded according to the version information and the configuration information, when it is detected that a part of network slices in the respective network slices fail to be upgraded (see Shaw ¶ [0077] as described for the rejection of claim 5 and is incorporated herein) , instructing the second slice control planes and the second slice forwarding planes corresponding to the part of network slices to perform a rollback operation (see Shaw ¶ [0080] as described for the rejection of claim 5 and is incorporated herein) , and instructing other network slices to continue to be upgraded (see Shaw ¶ [0080] as described for the rejection of claim 5 and is incorporated herein). The motivation to combine Shaw with Erman is described for the rejection of claim 5 and is incorporated herein . 07-21-aia AIA Claim s 6 – 8 and 19 - 20 are rejected under 35 U.S.C. 103 as being un-patentable over Erman et al. (U.S. 2021/0036920 A1; herein referred to as Erman) in view of Shaw et al. (U.S. 2018/0332442 A1; herein referred to as Shaw) as applied to claims 1 – 5, 9 – 10, and 14 – 18 in further view of Gupta et al. (U.S. 2024/0080759 A1; herein referred to Gupta) . In regard to claim 6, the combination of Erman and Shaw teaches wherein after receiving, by the second device, the version information and the configuration information of the respective network slices synchronized by the first device (see Erman ¶¶ [0020 – 0021] as described for the rejection of claim 1 and is incorporated herein) , The combination of Erman and Shaw fails to explicitly teach, However Gupta teaches the method further comprises: receiving, by the second device, first hot backup data and second hot backup data that are sent by the first device (see Gupta Fig. 2B ¶¶ [0068 – 0069] “ . . . the control plane is in multiple control plane cells 257 to prevent an individual control plane failure from impacting all deployments. Within each control plane cell 257, multiple redundant stacks can be provided with the control plane shifting traffic to secondary stacks as needed. For example, a cell site 272 may be configured to utilize a nearby local zone 276 as its default core network. In the event that the local zone 276 experiences an outage, the control plane can redirect the cell site 272 to use the backup stack in the regional zone 278. Traffic that would normally be routed from the internet to the local zone 276 can be shifted to endpoints for the regional zones 278. Each control plane cell 278 can implement a “stateless” architecture that shares a common session database across multiple sites (such as across availability zones or edge sites . . .”) ; and performing, by the second device, the master/standby switching between the first slice control planes and the second slice control planes according to the first hot backup data, and the master/standby switching between the first slice forwarding planes and the second slice forwarding planes according to the second hot backup data (see Gupta Fig. 2B ¶¶ [0063 – 0064] “ . . . FIG. 2B depicts an example 253 of cellularization and geographic distribution of the communication network 100 (FIG. 1) for providing highly available user plane functions (UPFs). In FIG. 2B, a user device 254 communicates with a request router 255 to route a request to one of a plurality of control plane cells 257a and 257b. Each control plane cell 257 may include a network service API gateway 260, a network slice configuration 262, a function for network service monitoring 264, site planning data 266 (including layout, device type, device quantities, etc. that describe a customer's site requirements), a network service/function catalog 268, a function for orchestration 270, and/or other components. The larger control plane can be divided into cells in order to reduce the likelihood that large scale errors will affect a wide range of customers, for example by having one or more cells per customer, per network, or per region that operate independently. The network service/function catalog 268 is also referred to as the NF Repository Function (NRF). In a Service Based Architecture (SBA) 5G network, the control plane functionality and common data repositories can be delivered by way of a set of interconnected network functions built using a microservices architecture. The NRF can maintain a record of available NF instances and their supported services, allowing other NF instances to subscribe and be notified of registrations from NF instances of a given type. The NRF thus can support service discovery by receipt of discovery requests from NF instances, and details which NF instances support specific services. The network function orchestrator 270 can perform NF lifecycle management including instantiation, scale-out/in, performance measurements, event correlation, and termination. The network function orchestrator 270 can also onboard new NFs, manage migration to new or updated versions of existing NFs, identify NF sets that are suitable for a particular network slice or larger network, and orchestrate NFs across different computing devices and sites that make up the radio-based network 103. . .”). It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s application to incorporate systems, devices, and methods for on-demand application driven network slicing where data including backup data is transmitted by applications from a first slice to a second slice based on application requirements, as taught by Gupta, into systems, devices, and methods that can be used to define a network slice based on descriptions of the computing functions involved in the network service, and to configure the network slice using resources that are associated with the descriptions, wherein computing devices in the network determine configuration data which is communicated when device requests an update for a mobile service , using a separate control plane and user plane for each mobile service and/or mobile application to set up sessions and/or logical network slices for user plane forwarding of user data during a dynamic slice switch and handover as taught by the combination of Erman and Shaw. Such incorporation enables hot or dynamic failover to occur without a device reset. In regard to claim 7, the combination of Erman, Shaw, and Gupta teaches wherein the method further comprises: when the master/standby switching between the first slice control planes and the second slice control planes is completed (see Shaw ¶ [0012] “ . . . using a control plane of a mobility network using a separate control plane and user plane for each mobile service and/or mobile application to set up sessions and/or logical network slices for user plane forwarding of user data during a dynamic slice switch and handover between 3GPP and non-3GPP wireless networks. . . .”) , sending full data to the second slice control plane, wherein the full data comprises configuration information and configuration data (see Shaw ¶ [0039] “ . . . a SDN-controlled network, using network function virtualization, software defined networking, and/or cloud-based concepts, can provide flexibility in number, type and/or configuration of virtual networks, sometimes referred to as flexible network slicing. Network slicing facilitates distributed functionality, e.g., to support diverged types of services and requirements, such as those supporting future developments in wireless networks including 5G networks. SDN controllers 130 can provide control and configuration to support different network slices on appropriate network slices or clouds 162A-C by instantiating and controlling a proper sets of VNF elements 174A-176C and by the optimal distribution of these VNF elements 174A-176C based on application and service requirements. . . . “) ; and when the master/standby switching between the first slice forwarding planes and the second slice forwarding planes is not completed, sending changed data in the configuration information to the second slice forwarding plane (see Shaw ¶ [0063] “ . . . The UE 116, 202 requests a change to second access point at 310. The request can be forwarded from the UE 202 by way of an existing control plane and/or existing data plane packet exchange. For LTE applications, the request can be forwarded by way of the standard bearer and/or by way a dedicated bearer associated with the service. For 5G applications, the request can be forwarded by way of a default slice and/or by way of a slice allocated to the service. Alternatively or in addition, the request is forwarded to a controller of the mobile network provider and/or a third party managing slice switching and/or handovers. In at least some embodiments, the change request message is made according to a protocol that identifies the message type as being a change request. Alternatively or in addition, the change request message can be addressed to a particular network entity, such as the slice change and/or handover controller . . .”). The motivation to combine the references is described for the rejections of claim 1 and claim 6. Additionally, Shaw enables configuration data to be modified when a switching occurs. In regard to claim 8, the combination of Erman, Shaw, and Gupta teaches wherein the method further comprises: when the master/standby switching between the first slice forwarding planes and the second slice forwarding planes is completed (see Shaw ¶ [0064] “ . . . Equipment of the mobile network provider and/or equipment of a third party managing the slice switching and/or handovers receives the request. In at least some embodiments, the received request is evaluated to determine wh