DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Continued Examination Under 37 CFR 1.114
II. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 4, 2026 has been entered.
Specification
III. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
Correction of the following is required:
Claims 1 recites “replace the first S-NSSAI if the first S-NSSAI is congested” in lines 6-7. The claim term "congested” is not recited anywhere in the specification as filed. Therefore, the specification and/or claims should be amended so that the terminology of the original claims follows the nomenclature of the specification.
Claims 8, 10, 11, and 59 recite a similar claim term and the specification is objected to as failing to provide proper antecedent basis for the claimed subject matter for the same reasons given above regarding claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
IV. Claims 1-4, 8-11, and 57-62 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 1 recites “receiving information indicating that the first S-NSSAI is congested” in lines 8-9. It is unclear what is meant by the claim term “congested” and/or how it relates to the first S-NSSAI because the specification does not recite “congested” anywhere in the specification as filed. The specification describes the first S-NSSAI as being overloaded or overflown (see the specification in Pub. No.: US 2024/0373481 A1, paragraph [0021] & [0267]) but does not use the term congested to describe the state of the S-NSSAI. The limitation renders the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claims 2-4 and 57-60 are dependent on claim 1 and are rejected for indefiniteness for the same reason given above regarding claim 1.
Claims 8, 10, and 11 recite a limitation similar to the one above regarding claim 1. Therefore, claims 8, 10, and 11 and are rejected for indefiniteness under 35 U.S.C. 112(b) for the same reasons given above regarding claim 1.
Claims 9 and 61-62 are dependent on claim 8 and are rejected for indefiniteness for the same reason given above regarding claim 8.
The following prior art rejection is based on the best possible interpretation of claim language in light of the above rejection under 35 U.S.C. 112(b).
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.
V. Claim 1, 8, 10, 11, and 57-62 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao et al. (WO 2021/119627 A1) in view of Kim et al. (US 2018/0054765 A1).
Regarding claim 1 Qiao teaches a method of operating a first core network node, the method comprising: receiving, from a User Equipment (UE), a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI (see page 35, paragraph [0165], During a PDU session establishment procedure the UE may send to the AMF a message comprising multiple S-NSSAI including requested S-NSSAI, allowed S-NSSAI, and subscribed S-NSSAI. This reads on a method of operating a first core network node, the method comprising: receiving, from a User Equipment (UE), a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI); receiving information indicating that the first S-NSSAI is congested (see page 52, paragraph [0218], If the quota has been reached for a number of UEs per network slice and/or if the quota has been reached for a number of PDU session per network slice, the network function (NWDAF, OAM) may send a notification message to the one or more AMFs. This reads on receiving information indicating that the first S-NSSAI is congested); and sending to a second core network node, the second S-NSSAI based on the information (see page 36, paragraph [0167], The AMF may send to the SMF a message including S-NSSAI for PDU session establishment. This reads on sending to a second core network node, the second S-NSSAI based on the information).
Qiao does not teach the second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested.
Kim teaches the second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested (see paragraph [0019], A network function of a next generation core serving a terminal can assign a new network slice to the terminal in a situation of network congestion. The new network slice replaces an old network slice and reads on a second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the second S-NSSAI in Qiao adapt to include a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested because it would allow for an efficient mechanism to alleviate congestion/failure so that services of a network can be provided to the UE using network slicing (see Kim, paragraphs [0002] & [0019]).
Regarding claim 8 Qiao teaches a method of operating a User Equipment (UE), the method comprising: communicating with a first core network node; and sending to the first core network node a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI (see page 35, paragraph [0165], During a PDU session establishment procedure the UE may send to the AMF a message comprising multiple S-NSSAI including requested S-NSSAI, allowed S-NSSAI, and subscribed S-NSSAI. This reads on method of operating a User Equipment (UE), the method comprising: communicating with a first core network node; and sending to the first core network node a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI); and receipt of information indicating that the first S-NSSAI is congested by the first core network node (see page 36, paragraph [0167], The AMF may send to the SMF a message including S-NSSAI for PDU session establishment. This reads on receipt of information indicating that the first S-NSSAI is congested by the first core network node).
Qiao does not teach the second S-NSSAI indicating a compatible S-NSSAI that is used to replace the first S-NSSAI if the first S-NSSAI is congested.
Kim teaches the second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested (see paragraph [0019], A network function of a next generation core serving a terminal can assign a new network slice to the terminal in a situation of network congestion. The new network slice replaces an old network slice and reads on a second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the second S-NSSAI in Qiao adapt to include a second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested because it would allow for an efficient mechanism to alleviate congestion/failure so that services of a network can be provided to the UE using network slicing (see Kim, paragraphs [0002] & [0019]).
Regarding claim 10 Qiao teaches a first core network node comprising: at least one memory; and at least one hardware processor coupled to the at least one memory (see paragraphs [0198] – [0200]), wherein the at least one hardware processor is configured to: receive, from a User Equipment (UE), a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI (see page 35, paragraph [0165], During a PDU session establishment procedure the UE may send to the AMF a message comprising multiple S-NSSAI including requested S-NSSAI, allowed S-NSSAI, and subscribed S-NSSAI. This reads on a method of operating a first core network node, the method comprising: receive, from a User Equipment (UE), a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI); receive information indicating that the first S-NSSAI is congested (see page 52, paragraph [0218], If the quota has been reached for a number of UEs per network slice and/or if the quota has been reached for a number of PDU session per network slice, the network function (NWDAF, OAM) may send a notification message to the one or more AMFs. This reads on receive information indicating that the first S-NSSAI is congested); and send to a second core network node, the second S-NSSAI based on the information (see page 36, paragraph [0167], The AMF may send to the SMF a message including S-NSSAI for PDU session establishment. This reads on send to a second core network node, the second S-NSSAI based on the information).
Qiao does not teach the second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested.
Kim teaches the second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested (see paragraph [0019], A network function of a next generation core serving a terminal can assign a new network slice to the terminal in a situation of network congestion. The new network slice replaces an old network slice and reads on a second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the second S-NSSAI in Qiao adapt to include a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested because it would allow for an efficient mechanism to alleviate congestion/failure so that services of a network can be provided to the UE using network slicing (see Kim, paragraphs [0002] & [0019]).
Regarding claim 11 Qiao teaches a user equipment (UE) comprising: at least one memory; and at least one hardware processor coupled to the at least one memory (see paragraphs [0191] – [0193]), wherein the at least one hardware processor is configured to: communicate with a first core network node; and send to the first core network node a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI (see page 35, paragraph [0165], During a PDU session establishment procedure the UE may send to the AMF a message comprising multiple S-NSSAI including requested S-NSSAI, allowed S-NSSAI, and subscribed S-NSSAI. This reads on method of operating a User Equipment (UE), the method comprising: communicate with a first core network node; and send to the first core network node a session establishment request message comprising first Single Network Slice Selection Assistance Information (S-NSSAI) and second S-NSSAI); and receipt of information indicating that the first S-NSSAI is congested by the first core network node (see page 36, paragraph [0167], The AMF may send to the SMF a message including S-NSSAI for PDU session establishment. This reads on receipt of information indicating that the first S-NSSAI is congested by the first core network node).
Qiao does not teach the second S-NSSAI indicating a compatible S-NSSAI that is used to replace the first S-NSSAI if the first S-NSSAI is congested.
Kim teaches the second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested (see paragraph [0019], A network function of a next generation core serving a terminal can assign a new network slice to the terminal in a situation of network congestion. The new network slice replaces an old network slice and reads on a second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the second S-NSSAI in Qiao adapt to include a second S-NSSAI indicating a compatible S-NSSAI that the first core network node uses to replace the first S-NSSAI if the first S-NSSAI is congested because it would allow for an efficient mechanism to alleviate congestion/failure so that services of a network can be provided to the UE using network slicing (see Kim, paragraphs [0002] & [0019]).
Regarding claim 57 Qiao teaches wherein the session establishment request message comprises a Protocol Data Unit (PDU) session establishment request message (see paragraph [0165], When the PDU session establishment procedure may be employed the UE may send to the AMF a NAS message (PDU session establishment request). This reads on wherein the session establishment request message comprises a Protocol Data Unit (PDU) session establishment request message).
Regarding claim 58 Qiao teaches wherein the first core network node comprises an Access and Mobility management Function (AMF) apparatus (see paragraph [0165], The UE may send the session establishment request to the AMF. This reads on wherein the first core network node comprises an Access and Mobility management Function (AMF) apparatus).
Regarding claim 59 Qiao teaches receiving, from a core network node associated with network slice control, the information indicating that the first S-NSSAI is congested (see page 52, paragraph [0218], If the quota has been reached for a number of UEs per network slice and/or if the quota has been reached for a number of PDU session per network slice, the network function (NWDAF, OAM) may send a notification message to the one or more AMFs. This reads on receiving, from a core network node associated with network slice control, the information indicating that the first S-NSSAI is congested).
Regarding claim 60 Qiao teaches wherein the second core network node comprises a Session Management Function (SMF) apparatus (see paragraph [0167], The AMF may send to the SMF a message. This reads on wherein the second core network node comprises a Session Management Function (SMF) apparatus).
Regarding claim 61 Qiao teaches wherein the session establishment request message comprises a Protocol Data Unit (PDU) session establishment request message (see paragraph [0165], When the PDU session establishment procedure may be employed the UE may send to the AMF a NAS message (PDU session establishment request). This reads on wherein the session establishment request message comprises a Protocol Data Unit (PDU) session establishment request message).
Regarding claim 62 Qiao teaches wherein the first core network node comprises an Access and Mobility management Function (AMF) apparatus (see paragraph [0165], The UE may send the session establishment request to the AMF. This reads on wherein the first core network node comprises an Access and Mobility management Function (AMF) apparatus).
VI. Claims 2-3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao et al. (WO 2021/119627 A1) in view of Kim et al. (US 2018/0054765 A1) and Lee et al. (US 2020/0396678 A1).
Regarding claim 2 Qiao and Kim teach the method according to claim 1 except for proceeding with a session establishment using the second S-NSSAI.
Lee teaches proceeding with a session establishment using the second S-NSSAI (see paragraphs [0066] - [0069], The AMF requests and acquires S-NSSAI replacement for the requested S-NSSAI. The AMF may use the selected S-NSSAI instead of the requested S-NSSAI. The AMF may perform establishment of the PDU session using the replacement S-NSSAI (see paragraph [0069] and Fig. 4. This reads on proceeding with a session establishment using the second S-NSSAI).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Qioa and Kim combination adapt to include proceeding with a session establishment using the second S-NSSAI because this would allow for improved processing of S-NSSAI when S-NSSAI transmitted to a NF is not valid (see Lee, paragraph [0007]).
Regarding claim 3 Qiao and Kim teach the method according to claim 1 except for wherein the second core network node is selected based on the second S-NSSAI.
Lee teaches for wherein the second core network node is selected based on the second S-NSSAI NSSAI (see paragraphs [0066] - [0069], The AMF requests and acquires S-NSSAI replacement for the requested S-NSSAI. The AMF may use the selected S-NSSAI instead of the requested S-NSSAI. The AMF may perform SMF selection based on the selected replacement S-NSSAI. This reads on wherein the second core network node is selected based on the second S-NSSAI NSSAI).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Qioa and Kim combination adapt to include wherein the second core network node is selected based on the second S-NSSAI because this would allow for improved processing of S-NSSAI when S-NSSAI transmitted to a NF is not valid (see Lee, paragraph [0007]).
Regarding claim 9 Qiao and Kim teach the method according to claim 1 except for wherein sending the second S-NSSAI is configured to cause a session establishment procedure to proceed using the second S-NSSAI.
Lee teaches wherein sending the second S-NSSAI is configured to cause a session establishment procedure to proceed using the second S-NSSAI (see paragraphs [0066] - [0069], The AMF requests and acquires S-NSSAI replacement for the requested S-NSSAI. The AMF may use the selected S-NSSAI instead of the requested S-NSSAI. The AMF may perform establishment of the PDU session using the replacement S-NSSAI (see paragraph [0069] and Fig. 4. This reads on wherein sending the second S-NSSAI is configured to cause a session establishment procedure to proceed using the second S-NSSAI).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Qioa and Kim combination adapt to include sending the second S-NSSAI is configured to cause a session establishment procedure to proceed using the second S-NSSAI because this would allow for improved processing of S-NSSAI when S-NSSAI transmitted to a NF is not valid (see Lee, paragraph [0007]).
VII. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Qiao et al. (WO 2021/119627 A1) in view of Kim et al. (US 2018/0054765 A1) and Velev et al. (US 2020/0120589 A1).
Regarding claim 4 Qiao and Kim teach the method according to claim 1 except for receiving a notification that the first S-NSSAI is available.
Velev teaches receiving a notification that the first S-NSSAI is available (see paragraph [0084], The UE sends a registration request with a requested NSSAI to the AMF. The AMF responds with an allowed/accepted S-NSSAI-a to the UE. This indicates the NSSAI is available and reads on receiving a notification that the first S-NSSAI is available).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Qiao and Kim combination adapt to include receiving a notification that the first S-NSSAI is available because such notification is a well-known mechanism for proceeding with PDU establishment.
Response to Arguments
VIII. Applicant’s arguments with respect to claims 1-4, 8-11, and 57-62 have been considered but are moot in view of the new grounds of rejection.
Conclusion
IX. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
September 28, 2026
