DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive over Qiao et al (WO 2021/007,447) and moot in view of new grounds of rejection in view of Mariyani et al (US 12,160,747). Claim 11 has been amended to add “non-transitory” to the computer readable medium and the 35 USC 101 rejection is herein withdrawn.
Regarding claim 1, 10, and 11, applicant argues that the cited reference Qiao et al do not disclose easing the restriction on roaming connection during normal time for a specific communication cell included in the roaming restriction area to allow roaming connection to the specific communication cell, wherein the normal time is a time period other than during the emergency. However, the examiner respectfully disagrees. Qiao et al teach the roaming restriction easer may allow the roaming connection to a cell in the PLMN during a time, e.g. an overload or congested network condition and/or the like, e.g. temporary network traffic/failure or temporary network technical software/hardware function, which is not considered an emergency, e.g. a disaster, tsunami, earthquake, fire, or the like (paras. [0145], [0153]). In the same field of endeavor, Mariyani et al teach a user device in normal time, i.e. when there’s no emergency, requesting access to a desired requested network service, e.g. PSTN call, voice over LTE call, voice over new radio, data, etc., and when it is determined that one or more key performance indicators (KPI) has degraded more than a threshold amount during a period of time, the one or more KPI may be at least one of a peak data rate, peak spectral efficiency, user-experienced data rate, area traffic capacity, latency in the user plane, connection density, average spectral efficiency, bandwidth, call drop rate, call failure rate, and other related performance factors that impact a wireless network's ability to provide desirable service to a legitimate user device, or when traffic utilization at a particular location, e.g. cell node, geographic area, etc., has increased, the user device may communicate an attach request or a data connection to a radio access network (RAN) which may be a visiting or roaming network, i.e. a non-home network access, and the user device is temporary authorized access to the requested network service if there is no access restriction on the requested user device (col 6, line 54 – col 7, line 5). As a result, given the broadest reasonable interpretation according to MPEP 2111, the cited prior art reads on the current claims.
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 5-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao et al (WO 2021/007,447; hereinafter Qiao) in view of Mariyani et al (US 12,160,747; hereinafter Mariyani).
Regarding claim 1, 10, and 11, Qiao disclose a communication control apparatus (AMF/SMF 1) comprising at least one processor (para. [00213]), method, and computer readable medium (pg. 87, line 23-25) storing a control program (para. [00230]) causing a computer to perform:
by a roaming restriction area setter, setting a roaming restriction area in which roaming connection is restricted during normal time and roaming connection is allowed during emergency (during a disaster/overload condition in the second PLMN, the AMF 1 may determine allowed roaming service information, e.g. an allowed service location area and allowed service type allowed to wireless devices of the visitor/second PLMN/disaster PLMN when the wireless device(s) access to the first PLMN, wherein when there is no disaster (i.e. normal time), wireless devices of the second PLMN are not configured to access the first PLMN, and the first PLMN is not included in a roaming list of the wireless devices of the second PLMN; paras. [00151], [00208]); and
by a roaming restriction easer, easing the restriction on roaming connection during normal time for a specific communication cell included in the roaming restriction area to allow roaming connection to the specific communication cell, wherein the normal time is a time period other than during the emergency (the allowed service location area may indicate location area allowed for the wireless device(s) of the second PLMN when the wireless device(s) access to the first PLMN in a condition, e.g. in a temporary network overload or network traffic congestion, and/or the like, e.g. temporary network technical hardware/software issue which is not considered a disaster or emergency condition, e.g. a tsunami, earthquake, fire or flood situations, the location area may be a geographic area, tracking area, a cell area, etc.; the AMF 1 send a configuration message to indicate one or more cells supporting the second PLMN, e.g. supporting a wireless device of the second PLMN accessing to the one or more cells of the first PLMN; paras. [00148], [00151], [00155]). Qiao do not explicitly disclose allow roaming connection to a specific cell in a normal time. In the same field of endeavor, Mariyani teach a user device in normal time, i.e. when there’s no emergency, requesting access to a desired requested network service, e.g. PSTN call, voice over LTE call, voice over new radio, data, etc., and when it is determined that one or more key performance indicators (KPI) has degraded more than a threshold amount during a period of time, the one or more KPI may be at least one of a peak data rate, peak spectral efficiency, user-experienced data rate, area traffic capacity, latency in the user plane, connection density, average spectral efficiency, bandwidth, call drop rate, call failure rate, and other related performance factors that impact a wireless network's ability to provide desirable service to a legitimate user device, or when traffic utilization at a particular location, e.g. cell node, geographic area, etc., has increased, the user device may communicate an attach request or a data connection to a radio access network (RAN) which may be a visiting or roaming network, i.e. a non-home network access, and the user device is temporary authorized access to the requested network service if there is no access restriction on the requested user device (col 6, line 54 – col 7, line 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to permit the user device access to a non-home network if the quality of the network service has degraded even when there’s not an emergency situation.
Regarding claim 2, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein the roaming restriction area includes a plurality of communication cells (the AMF 1 send a configuration message to indicate one or more cells supporting the second PLMN, e.g. supporting a wireless device of the second PLMN accessing to the one or more cells of the first PLMN; Qiao, para. [00155]).
Regarding claim 5, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein the roaming restriction easer eases the restriction on roaming connection during normal time for a communication cell included in the roaming restriction area that uses a specific radio access technology (radio access technology (RAT) type or allowed service type related to the allowed service location area that has the restriction ease, e.g. cell, having base station (e.g. radio access network, RAN 1) of the first PLMN; Qiao, paragraphs [0010], [0075], [00150]-[00151], [00154]).
Regarding claim 6, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein the roaming restriction area setter sets the roaming restriction area in units of tracking area (allowed service location area may include one or more tracking areas; Qiao, paragraphs [00154]-[00155], [00208]).
Regarding claim 7, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein the at least one processor performs, by a restriction easing information provider, providing restriction easing information that can identify the specific communication cell for which the restriction on roaming connection during normal time has been eased by the roaming restriction easer, to the network providing connection before roaming (providing information on one or more cells, e.g. the AMF 1 may send to the network providing connection, the radio access network (RAN 1) of the first PLMN, a configuration message to indicate one or more cells supporting the second PLMN, e.g. supporting a wireless device of the second PLMN accessing the one or more cells of the first PLMN; Qiao, paras. [00153]-[00155], [00142]).
Regarding claim 8, Qiao disclose the communication control apparatus according to claim 7, wherein the restriction easing information provider provides the restriction easing information to the network providing connection before roaming during normal time (providing to the network providing connection, e.g. first PLMN, status information of a second PLMN and to enable a wireless device of the second PLMN to access to the first PLMN, e.g. when there is a temporary network glitch or traffic overload in the second PLMN, the AMF 1 may send to the (R)AN 1 a configuration message to indicate one or more cells supporting the second PLMN, e.g. supporting a wireless device of the second PLMN accessing to the one or more cells of the first PLMN, e.g. the AMF 1 may send to the network providing connection, the radio access network (RAN 1) of the first PLMN, a configuration message to indicate a wireless device of the second PLMN may access the PLMN 1 in a geographic area for 2 hours, e.g. considering the resource condition of the PLMN 1; Qiao, paragraphs [00153]-[00155], [00142]).
Regarding claim 14, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein the at least one processor performs: by a connection controller, determining whether to connect a communication device to the specific communication cell based on: a determination that a current time is during normal time; and a determination that communication quality of a home cell belonging to a home network of the communication device is insufficient for the communication device (Mariyani; col 6, line 54 – col 7, line 5).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Qiao (WO 2021/007,447) in view of Mariyani et al (US 12,160,747) further in view of Edge (US 2023/0,362,640).
Regarding claim 3 and 13, Qiao and Mariyani disclose the communication control apparatus according to claim 2 and 1 respectively, wherein Qiao disclose the roaming restriction area includes a terrestrial communication cell provided on the ground by a terrestrial base station installed on the ground (the coverage of the affected one or more base stations (e.g. (R)AN 1) of the first PLMN may be close to the failed network location of the second PLMN, e.g. the AMF 1 may determine affected/associated one or more base stations (e.g. (R)AN 1) based on the overloaded network location of the second PLMN, the allowed service location area may indicate location area allowed for the wireless device(s) of the second PLMN when the wireless device(s) access to the first PLMN in a condition, e.g. in an overload condition, the location area may be a cell area (paragraphs [00150]-[00151]). Qiao and Mariyani do not disclose the roaming restriction area includes a non-terrestrial communication cell provided on the ground by a flying non-terrestrial base station, and the roaming restriction easer eases the restriction on roaming connection during normal time for the non-terrestrial communication cell included in the roaming restriction area. In the same field of endeavor, Edge disclose the roaming restriction area includes a non-terrestrial communication cell provided on the ground by a flying non-terrestrial base station, and the roaming restriction easer eases the restriction on roaming connection during normal time for the non-terrestrial communication cell included in the roaming restriction area while maintaining the restriction on roaming connection during normal time for the terrestrial communication cell (the AMF determines if roaming service can be provided based on the current location, the coverage information can be provided to a UE to enable the UE to know when there will be coverage at a particular location for one or more RATs for Non-Terrestrial Networks (NTNs) having satellite cells and possibly Terrestrial Networks (TNs); paragraphs [0031], [0035], [0374], [0131]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide for coverage area(s) of the satellite(s) may be desirable to improve UE operation with satellite-based communications and may enable more efficient use of network resources and better communication service to UEs (Edge; ¶ [0031]).
Regarding claim 4, Qiao, Mariyani, and Edge disclose the communication control apparatus according to claim 3, wherein the non-terrestrial base station is a communication satellite flying in outer space (a UE, e.g., may access a satellite via a satellite cell instead of a terrestrial base station; Edge, paras. [0032], [0035]).
4. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Qiao (WO 2021/007,447) in view of Mariyani et al (US 12,160,747) further in view of Vamanan et al (US 2022/0,264,275).
Regarding claim 9, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein the roaming restriction area setter sets the roaming restriction area in which roaming connection is prohibited during normal time, and the roaming restriction easer lifts the prohibition of roaming connection during normal time for a specific communication cell included in the roaming restriction area (the wireless device may be not configured to access the first PLMN when there is no network condition or emergency event, e.g. the first PLMN may be not included in a roaming list of the wireless device during normal time, the AMF 1 may send to the (R)AN 1 a configuration message to indicate a wireless device of the second PLMN may access the PLMN 1 in a geographic area for 2 hours , paras. [00208], [00155]). Qiao do not explicitly disclose a prohibited roaming connection area. In the same field of endeavor, Vamanan disclose a forbidden roaming connection area (paragraphs [0004]-[0005], [0030]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to block or exclude the wireless device from accessing the other network considering limited resources available of the other network which are allocated to service the wireless devices that are in its home PLMN, or due to an operator of the home PLMN of the UE not having a service agreement in place that allows UE 110 to operate on the forbidden PLMN; (Qiao, ¶ [00155], Vamanan, ¶ [0030]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Qiao et al
(WO 2021/007,447) in view of Mariyani et al (US 12,160,747) further in view of Arora et al
(US 9,204,373; hereinafter Arora).
Regarding claim 12, Qiao and Mariyani disclose the communication control apparatus according to claim 1, wherein Qiao and Mariyani do not disclose the at least one processor performs, by a restriction easing information provider, providing restriction easing information identifying the specific communication cell to a network providing connection before roaming, during normal time before an emergency occurs. In the same field of endeavor, Arora disclose providing an identified neighbor cell that is accessible and neighbor cell system information for call re-establishment in the event of failure of the call using the identified cell system information obtained prior to failure of the call, the system information comprises a set of parameters that enable a mobile station to establish a connection to the neighbor cell in the event a connection to the serving cell is lost; claim 20, claim 16). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to enable expedited call re-establishment using a neighbor cell system information that was collected beforehand to prepare in the event of failure of a call in the serving cell (Arora, claim 20).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571) 272-7891. The examiner can normally be reached M-F 8:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim, can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LANA N LE/Primary Examiner, Art Unit 2648
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