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 .
This Office Action is in response to preliminary amendment filing on 01/12/2024.
Claims 12-13 and 15 have been cancelled.
Claim 1-11 and 14 are currently pending and have been considered below.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
The drawings were received on 01/12/2024. These drawings are reviewed and accepted by the Examiner.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/11/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim objected to because of the following informalities: Claim 3, in line 2, delete the extra comma (,) between “PDU session” and “based on.” Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-7, 10,11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Youn et al (US 20210037585).
Regarding claim 1, Youn discloses a method for performing communication, the method performed by a user equipment (UE), and comprising:
transmitting a Packet Data Unit (PDU) session establishment request message to a Session Management Function (the UE may transmit a PDU session establishment request message, notifying an AMF of a request for an MA PDU session, see [0174] and [0219]);
receiving a PDU session establishment accept message for the first PDU session from the SMF (the SMF also indicates to the UE that the MA PDU session has been successfully generated, and an SMF transmits an MA PDU session establishment acceptance message to the UE, [0180] and [0221]);
transmitting a PDU session modification request message for the first PDU session to the SMF (The UE transmits a registration message or a service request message to the SMF on the second access, see [0222]-[0223]. It is noted that the message reads on the modification request as claimed); and
receiving a PDU session modification command message for the first PDU session from the SMF (The SMF sends an acceptance message back to the UE. The UE may recognize that the user plane has been successfully set up based on a PDU session reactivation result in the service request acceptance message or the registration acceptance message, see [0224]),
wherein the PDU session establishment request message includes information that the first PDU session is a multi-path (MP) PDU session (The MA indication is also included in an NAS message including the PDU session establishment request message, thereby notifying an AMF of a request for an MA PDU session, [0174]),
wherein the PDU session establishment acceptance message is transmitted over a first path between the UE and a New Generation Radio Access Network (NG-RAN) (The SMF responds over the first access, see [0178], Figure 2),
wherein the PDU session modification request message is transmitted over a second path between the UE and the NG-RAN (The UE transmits a registration request message or a service request message through non-3GPP access, see [0222]).
Youn does not expressly disclose wherein the PDU session modification request message includes a path identity (path ID) of the second path.
However, Youn, in different embodiments discloses a child PDU session over 3GPP access is indicated (e.g., route identified)) by PDU session ID-1, and a child PDU session over non-3GPP access is indicated (e.g., route indicated through non-GPP) by PDU session ID-2. An SMF of a 5GC triggers two N2 PDU session establishment procedures. A UE may receive a PDU session establishment acceptance message for PDU session ID-1 over 3GPP access (i.e., over route through 3GPP: first communication path) and may receive a PDU session establishment acceptance message for PDU session ID-2 over non-3GPP access (over route through non-GPP: e.g., second communication path, see [0162] and, e.g., Figure 6f: route indicated via 3GPP Access and routed indicate via non-3GPP access).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the mechanism of Youn’s first embodiment with other embodiments to include PDU session modification request message includes a path identity (path ID) of the second path in order for correct 5G core network steering, allowing the Session Management Function to route traffic and apply policies to the right UPF, and ensure intact service continuity during UE mobility and efficient service delivery.
Regarding claim 2, Youn discloses the method of claim 1, wherein the first PDU session is connected to the network via both the first path and the second path (Youn discloses dual access for the MA PDU session over both 3GPP and non-3GPP access, see Figures 11 and 13, and [0172]-[0174]).
Regarding claim 3, Youn discloses the method of claim 1, further comprising: determining to establish said first PDU session as an MP PDU session, based on policy information associated with the multipath PDU session (establishment of a MA-PDU session according operator’s policy, see [0178], the SMF may determine, based on the operator's policy, whether to transmit SM message over ones access).
Regarding claim 4, Youn discloses the method of claim 1, wherein the PDU session establishment request message includes a path ID of said first path (Youn discloses the establishment and use of both 3GPP and non-3GPP accesses, see Figures 11 and 13; [0066] The method may further include: identifying S-NSSAI of the MA PDU session is comprised in allowed NSSAI for corresponding access).
Regarding claim 5, Youn discloses the method of claim 1, wherein the MP PDU session is established via both said first path and said second path (the establishment and use of both 3GPP and non-3GPP accesses, Figures 3, 11, and 13m, and [0033]).
Regarding claim 6, Youn discloses the method of claim 1, wherein the PDU session modification command message includes traffic information about how traffic is steered and/or routed for each of the first path and the second path (see [0174], to perform a combined establishment procedure, the UE may transmit a PDU session establishment request message including an Access Traffic Steering, Switching and Splitting (ATSSS) indication/information (and/or MA indication) and a combined session establishment request indication; and [0178], [0187]).
Regarding claim 7, Youn discloses the method of claim 1, further comprising: transmitting, via the first path and/or the second path, traffic associated with the first PDU session, based on the traffic information (Youn discloses ATSSS information indicated during the MA-PDU session establishment, see [0174], [0178], and [0187]).
Claim 10 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. (Youn, Figure 1, UE 10).
Regarding claim 11, Youn discloses the UE of claim 10, wherein the UE is an autonomous device in communication with at least one of a mobile terminal (The UE may be a laptop computer, a mobile phone, a PDA, a smartphone, [0102]), a network, and an autonomous vehicle other than the UE.
Claim 14 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. (Youn, wherein the PDU session modification command message includes traffic information about how traffic is steered and/or routed for each of the first path and the second path, based on the information that said first PDU session is an MP PDU session is received, see [0174], to perform a combined establishment procedure, the UE may transmit a PDU session establishment request message including an Access Traffic Steering, Switching and Splitting (ATSSS) indication/information (and/or MA indication) and a combined session establishment request indication).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Youn et al (US 20210037585) in view of Paladugu et al (WO 2021138511).
Regarding claim 8, Youn discloses the method of claim 1, wherein the PDU session establishment accept message includes information related to a first path (discloses the establishment and use of both 3GPP and non-3GPP accesses, see Figures 11 and 13; [0066] The method may further include: identifying S-NSSAI of the MA PDU session is comprised in allowed NSSAI for corresponding access), wherein the information relating to the first path includes at least one of a path ID of the first path (discloses the establishment and use of both 3GPP and non-3GPP accesses, see Figures 11 and 13; [0066] The method may further include: identifying S-NSSAI of the MA PDU session is comprised in allowed NSSAI for corresponding access), type information of said first path (use of both 3GPP and non-3GPP accesses, see Figures 11 and 13).
However, Youn does not expressly disclose the information about the UE-to-Network Relay if the first path being through UE-to-Network Relay, and wherein the information related to the first path is used by the NG-RAN to allocate resources related to the first path.
Paladugu discloses the establishment of a MA-PDU session, in which one of the paths is configured over a relay UE (see [0116] Further, the method 600 may be implemented according to the architecture shown in FIGS. 13, 14, and 15, as well as the features shown and described in FIGS 17-23, which relate to ATSSS for UE-to-NW relays; [017]-[0121]).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the mechanism of Youn with the mechanisms of Paladugu to include information about the UE-to-Network Relay if the first path being through UE-to-Network Relay, and wherein the information related to the first path is used by the NG-RAN to allocate resources related to the first path as taught by Paladugu in order for data of the user device routed via another device (a Relay UE) acting as an intermediary may reach the core network and ensuring quality and dedicated service even when the device is out of direct coverage.
Regarding claim 9, In the obvious combination, Youn discloses the method of claim 1, wherein the PDU session modification command message includes information related to a second path, wherein the information related to the second path includes at least one of a path ID of the second path (Youn discloses the establishment and use of both 3GPP and non-3GPP accesses, see Figures 11 and 13; [0066] The method may further include: identifying S-NSSAI of the MA PDU session is comprised in allowed NSSAI for corresponding access), type information of the first path (Youn, use of both 3GPP and non-3GPP accesses, see Figures 11 and 13), and/or information about the UE-to-Network Relay if the second path is a path being through UE-to-Network Relay, and wherein the information related to the second path is used by the NG-RAN to allocate resources related to the second path (Paladugu, [0116] Further, the method 600 may be implemented according to the architecture shown in FIGS. 13, 14, and 15, as well as the features shown and described in FIGS 17-23, which relate to ATSSS for UE-to-NW relays; [017]-[0121]).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the mechanism of Youn with the mechanisms of Paladugu to include information about the UE-to-Network Relay if the first path being through UE-to-Network Relay, and wherein the information related to the first path is used by the NG-RAN to allocate resources related to the first path as taught by Paladugu in order for data of the user device being routed via another device (a Relay UE) acting as an intermediary may reach the core network and ensure quality and dedicated service even when the device is out of direct coverage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230142957 to Paladugu et al: A remote UE or a relay UE may identify a configuration for a relocation of one or more session termination points associated with one or more radio access packet data sessions from the relay UE to the remote UE or from the remote UE to the relay UE.
US 20230084233 to Pan et al: The remote UE further receives a first RRC Reconfiguration message from the network node for path switching from direct to indirect communication, wherein the first RRC Reconfiguration message indicates a relay UE for the path switching.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached at 5712705371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIO R PEREZ/Primary Examiner, Art Unit 2644