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 06/23/2026 have been fully considered but they are not persuasive. Examiner has thoroughly reviewed applicant’s arguments but firmly believes the cited reference to reasonably and properly meet the claimed limitations i.e. that “receiving data generated by a diagnostics application hosted by a wireless user device that characterizes user behavior”. Examiner respectfully direct the Application to paragraphs 0052, 0054, Zhu et al where disclose that an application launch procedure, the status request may indicate (select) a preferred network slice e.g., a slice class identifier, QoS requirements, etc. (i.e., characterizes user behavior) for application 310. MNO utility application 210 may respond to the status request using status API 420 with subscription information indicating whether or not the user has a current subscription to the requested slice.
Further the applicant argues one page 7, the cited art does not anticipate correlating the user behavior to a wireless network slice that the user device is not authorized to use as recited by claim 1. Examiner respectfully disagrees with this argument. In response, examiner would like to point out that in paragraph 0054 Zhu et al disclose, UE included MNO utility application 210 may retrieve subscription plan options for presentation to the user and confirm entitlement with IAMP 226 and ¶ 0055, UE included client application 310 may request presentation (displaying) of icon 408 when the application is using the premium network slice and application activities e.g., game conditions (i.e., characterizes user behavior) do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available (i.e., user device is not authorized) and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service (i.e., user device is not authorized), an application e.g., app 108 cannot use that network slice.
The applicant also argues one page 7, the cited art does not anticipate generating a slice notification that identifies the wireless network slice as recited by claim 1. In response, examiner would like to point out that in paragraph 0032 Zhu et al disclose, the particular field may include an existing PCO/ePCO container or a PCO/ePCO container dedicated to include information indicating a user's slice subscription status. The PCO/ePCO message may be generated by a network device in core network, ¶ 0053, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 (i.e., generating a slice notification) to prompt 424 the user to provide user input to approve or deny the requested premium network slice subscription.
The applicant argues one page 8, the cited art does not anticipate delivering the slice notification to the wireless user device wherein the wireless user device receives and displays the slice notification as recited by claim 1. In response, examiner would like to point out that in paragraph 0053 Zhu et al disclose, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 (i.e., generating a slice notification) to prompt 424 (displaying) the user to provide user input to approve or deny the requested premium network slice subscription, ¶ 0046, 0064, UE included MNO utility application 210 are integrated into client application 310, application 310 may interact with an entitlement server e.g., on IAMP 226 to present (displaying) network slice subscription/purchase options to the user. ¶ 0065, determining if the new slice subscription is approved (block 530, fig. 5). For example, client application 310 may detect if the user input provides an affirmative response to get a slice subscription and if the provider network authorizes the subscription. If a new slice subscription is approved (block 530—Yes), process 500 may include receiving authorization for the requested network slice and establishing a PDU session with the requested network slice (block 535). For example, upon a successful subscription upgrade.
Additionally, the examiner has given the claim language its broadest reasonable interpretation. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Anticipatory reference need not duplicate, word for word, what is in claims; anticipation can occur when claimed limitation is “inherent” or otherwise implicit in relevant reference (Standard Havens products Incorporated v. Gencor Industries Incorporated, 21 USPQ2d 1321). Applicant always has the opportunity to amend the claims during prosecution, and broad interpreted by the examiner reduces the possibility that the claim, once issued, will be interpreted more broadly than is justified. In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969).
Therefore, the previous rejection is maintained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-10 and 14-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhu et al (20240205728).
Regarding claim 1, Zhu et al discloser, a method, the method comprising (abstract, fig. 1-10):
receiving data generated by a diagnostics application hosted by a wireless user device (UE102) that characterizes user behavior (¶ 0052, 0054, FIG. 4, application 310 e.g., DSSC 314 may use a status API 420 to request a slice subscription status request during, for example, an application launch procedure. The status request may indicate a preferred network slice e.g., a slice class identifier, QoS requirements, etc. for application 310. MNO utility application 210 may respond to the status request using status API 420 with subscription information indicating whether or not the user has a current subscription to the requested slice.);
correlating the user behavior to a wireless network slice that the user device is not authorized to use (¶ 0054, IAMP 226 and subscription server 224 may exchange information over interface 430 to update a user profile with the new premium network slice subscription. For example, MNO utility application 210 may retrieve subscription plan options for presentation to the user and confirm entitlement with IAMP 226 and ¶ 0055, client application 310 may request presentation of icon 408 when the application is using the premium network slice and application activities e.g., game conditions do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service, an application e.g., app 108 cannot use that network slice);
generating a slice notification that identifies the wireless network slice (¶ 0032, the particular field may include an existing PCO/ePCO container or a PCO/ePCO container dedicated to include information indicating a user's slice subscription status. The PCO/ePCO message may be generated by a network device in core network, ¶ 0053, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 to prompt 424 the user to provide user input to approve or deny the requested premium network slice subscription.); and
delivering the slice notification to the wireless user device wherein the wireless user device receives and displays (prompt) the slice notification (¶ 0053, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 to prompt 424 the user to provide user input to approve or deny the requested premium network slice subscription, ¶ 0046, 0064, MNO utility application 210 are integrated into client application 310, application 310 may interact with an entitlement server e.g., on IAMP 226 to present network slice subscription/purchase options to the user.).
Regarding claims 2, 9, 16, Zhu et al discloser, further comprising: determining service attributes for the wireless network slice based on the user behavior (¶ 0052, 0054, FIG. 4, application 310 e.g., DSSC 314 may use a status API 420 to request a slice subscription status request during, for example, an application launch procedure. The status request may indicate a preferred network slice e.g., a slice class identifier, QoS requirements, etc. for application 310. MNO utility application 210 may respond to the status request using status API 420 with subscription information indicating whether or not the user has a current subscription to the requested slice.); and
generating the wireless network slice that comprises the service attributes (¶ 0013, 0055, client application 310 may request presentation of icon 408 when the application is using the premium network slice and application activities e.g., game conditions do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service, an application e.g., app 108 cannot use that network slice).
Regarding claims 3, 10, 17, Zhu et al discloser, wherein the service attributes comprise at least one of a Quality-of-Service (QoS), a latency, an uplink throughput, a downlink throughput, a bit rate, or a Guaranteed Bit Rate (GBR) requirement (¶ 0013, 0055, client application 310 may request presentation of icon 408 when the application is using the premium network slice and application activities e.g., game conditions do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service, an application e.g., app 108 cannot use that network slice).
Regarding claims 7, 14, Zhu et al discloser, wherein the slice notification comprises a link to purchase a subscription for the wireless network slice (¶ 0053, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 to prompt 424 the user to provide user input to approve or deny the requested premium network slice subscription, ¶ 0046, 0064, MNO utility application 210 are integrated into client application 310, application 310 may interact with an entitlement server e.g., on IAMP 226 to present network slice subscription/purchase options to the user.).
Regarding claim 8, Zhu et al disclose, a wireless communication network, the wireless communication network comprising (abstract, fig. 1-10):
a network analytics service to: receive data generated by a diagnostics application hosted by a wireless user device that characterizes user behavior (¶ 0052, 0054, FIG. 4, application 310 e.g., DSSC 314 may use a status API 420 to request a slice subscription status request during, for example, an application launch procedure. The status request may indicate a preferred network slice e.g., a slice class identifier, QoS requirements, etc. for application 310. MNO utility application 210 may respond to the status request using status API 420 with subscription information indicating whether or not the user has a current subscription to the requested slice.);
correlate the user behavior to a wireless network slice that the user device is not authorized to use (¶ 0054, IAMP 226 and subscription server 224 may exchange information over interface 430 to update a user profile with the new premium network slice subscription. For example, MNO utility application 210 may retrieve subscription plan options for presentation to the user and confirm entitlement with IAMP 226 and ¶ 0055, client application 310 may request presentation of icon 408 when the application is using the premium network slice and application activities e.g., game conditions do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service, an application e.g., app 108 cannot use that network slice); and
a slice notification system to: generate a slice notification that identifies the wireless network slice; and
deliver the slice notification to the wireless user device wherein the wireless user device receives and displays the slice notification (¶ 0053, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 to prompt 424 the user to provide user input to approve or deny the requested premium network slice subscription, ¶ 0046, 0064, MNO utility application 210 are integrated into client application 310, application 310 may interact with an entitlement server e.g., on IAMP 226 to present network slice subscription/purchase options to the user.).
Regarding claim 15, Zhu et al disclose, one of more non-transitory computer readable storage media having program instructions stored thereon, wherein the program instruction, when executed by a computing system, direct the computing system to perform operations (abstract, ¶ 0077), the operations comprising:
receiving data generated by a diagnostics application hosted by a wireless user device that characterizes user behavior (¶ 0052, 0054, FIG. 4, application 310 e.g., DSSC 314 may use a status API 420 to request a slice subscription status request during, for example, an application launch procedure. The status request may indicate a preferred network slice e.g., a slice class identifier, QoS requirements, etc. for application 310. MNO utility application 210 may respond to the status request using status API 420 with subscription information indicating whether or not the user has a current subscription to the requested slice.);
correlating the user behavior to a wireless network slice that the user device is not authorized to use (¶ 0054, IAMP 226 and subscription server 224 may exchange information over interface 430 to update a user profile with the new premium network slice subscription. For example, MNO utility application 210 may retrieve subscription plan options for presentation to the user and confirm entitlement with IAMP 226 and ¶ 0055, client application 310 may request presentation of icon 408 when the application is using the premium network slice and application activities e.g., game conditions do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service, an application e.g., app 108 cannot use that network slice);
generating a slice notification that identifies the wireless network slice (¶ 0013, 0055, client application 310 may request presentation of icon 408 when the application is using the premium network slice and application activities e.g., game conditions do not require a premium network slice QoS. ¶ 0064, upon determining that a user does not have a subscription for a preferred network slice and ¶ 0083, the requested slice is not available and ¶ 0018, one or more network slices 112 may be configured to provide premium services e.g., low latency, high QoS, etc. for which a user subscription is required. For example, for optimal performance, an app 108 e.g., a real-time gaming app, etc. on UE 102 may require guaranteed low latency that is not available over standard network connections. If a user/subscriber does not have a subscription to a particular network slice e.g., a network slice providing premium service, an application e.g., app 108 cannot use that network slice); and
delivering the slice notification to the wireless user device wherein the wireless user device receives and displays the slice notification (¶ 0053, MNO utility application 210 may respond to the subscription request using subscribe API 420 by generating menu 404 to prompt 424 the user to provide user input to approve or deny the requested premium network slice subscription, ¶ 0046, 0064, MNO utility application 210 are integrated into client application 310, application 310 may interact with an entitlement server e.g., on IAMP 226 to present network slice subscription/purchase options to the user.).
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.
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.
Claim(s) 4-6, 11-13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al (20240205728) in view of YANG (20230081061).
Regarding claims 4-6, Zhu et al discloser, ¶ 0012, the URSP framework provides traffic steering rules for the UE device and enables the UE device to determine how a certain application should be handled in the context of traffic routing to an appropriate network slice, ¶ 0043, a client application 310 may include a video streaming application, a web browser, a gaming application, etc. Some client applications 310 may require relatively high uplink and/or downlink throughput/bandwidth for an optimal user experience. Such client applications 310 make use of network slicing, and, more particularly, a network slice 112 providing premium services. Other client applications 310 may not have requirements for any particular network slice and may generate data processed as default Internet traffic. Client application 310 may include application logic 312 and a slicing subscription client DSSC 314.
Regarding claims 4, 11 and 18, Zhu et al does not specifically disclose in detail, application usage, application type.
In the same field of endeavor, YANG discloses, in more detail, application usage, application type, uplink data volume, and downlink data volume (¶ 0032-0033 and 0044). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Zhu et al by specifically adding feature in order to enhance system performance to the method enables realizing network slice selecting process according to actual requirement of the application program in flexible and accurate manner so as to effectively improve network use experience of a user as taught by YANG.
Regarding claims 5, 12 and 19, Zhu et al does not specifically disclose in detail, categorizing the wireless user device based on the application usage, application type.
In the same field of endeavor, YANG discloses, in more detail, categorizing the wireless user device based on the application usage, application type, uplink data volume, and downlink data volume and selecting the wireless network slice based on the categorization (¶ 0031-0033 and 0044). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Zhu et al by specifically adding feature in order to enhance system performance to the method enables realizing network slice selecting process according to actual requirement of the application program in flexible and accurate manner so as to effectively improve network use
Regarding claims 6, 13 and 20, Zhu et al does not specifically disclose in detail, wherein the categorization associates a user type with a wireless network slice type.
In the same field of endeavor, YANG discloses, in more detail, wherein the categorization associates a user type with a wireless network slice type (¶ 0031-0033 and 0044). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Zhu et al by specifically adding feature in order to enhance system performance to the method enables realizing network slice selecting process according to actual requirement of the application program in flexible and accurate manner so as to effectively improve network use experience of a user as taught by YANG.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAWAR IQBAL whose telephone number is (571)272-7909. The examiner can normally be reached M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHAWAR IQBAL/Primary Examiner, Art Unit 2643
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