Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/11/2026 has been entered.
Response to Arguments
3. Applicant’s arguments with respect to 103 rejection and in view of the current amendment to claims have been considered but are moot, please refer to rejection below for details.
Claim Rejections - 35 USC § 103
4. 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.
A) Claims 1-3, 5-8, 10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2018/0139670 A1) in view of FACCIN (US 2019/0124561 A1) and further in view of Gupta (US 2018/0063813 A1).
As per claim 1, Shaw teaches a virtualizing and interworking gateway (Shaw, Fig.1, ¶0034, virtual gateway 130), comprising: a virtual 5G core providing for 5G networks a plurality of virtualized 5G network functions (Shaw, Fig.1, ¶0022 and ¶0033-34, mobile packet core within 5G network 155 (i.e. 5G core) providing plurality of 5G virtual network functions); an interface to a core network (Shaw, Fig.1, ¶0020, air interface to a network); an interface to a 5G Radio Access Network (RAN) (Shaw, Fig.1, ¶0020 and ¶0022, LTE-Uu interface to 5G RAN).
However, Shaw does not explicitly teach an Interworking Function (IWF), the IWF including a shared IWF data store for 4G and 5G signaling, wherein the IWF interworks signaling between the 5G RAN and the core network by causing the shared IWF data store to emit data based on data received from the 5G RAN and interworked to parameters appropriate for the core network; wherein the virtualizing and interworking gateway provides interworking such that the 5G RAN works with the core network.
In the same field of endeavor, FACCIN teaches an Interworking Function (IWF), the IWF including a shared IWF data store for 4G and 5G signaling (FACCIN, ¶0076 and ¶0063, an Interworking Function including sharing data), wherein the IWF interworks signaling between the 5G RAN and the core network by causing the shared IWF data store to emit data based on data received from the 5G RAN and interworked to parameters appropriate for the core network (FACCIN, ¶0076 and ¶0106-107, interworking function signaling between 5G and core network by releasing/emit data based on the data received from the 5G network and interworked to parameters appropriate for the core network); wherein the virtualizing and interworking gateway provides interworking such that the 5G RAN works with the core network (FACCIN, ¶0029-30 and ¶0076, interworking and virtualization functions provides interworking between 5GS (e.g. 5G system) network and evolved packet core or EPC such that 5G radio access network (RAN) works with EPC connectivity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order to enable interworking between fifth generation system network slicing and evolved packet core connectivity to support and provide a desired level of speed or customization for efficient operation (FACCIN, ¶0005).
However, Shaw in view of FACCIN does not explicitly teach wherein the virtualizing and interworking gateway is situated in a network path between the core network and the 5G RAN.
In the same field of endeavor, Gupta teaches wherein the virtualizing and interworking gateway is situated in a network path between the core network and the 5G RAN (Fig.2, HetNet gateway includes evolved packet core (EPC) virtualization stack 204a in communication with radio virtualization stack 204b is located in the network path between heterogeneous mix of cores (i.e. core network 205) and heterogeneous radio access networks (RANs) using different radio access technologies (i.e. 5G RAN)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order for improved paging by providing a combined user device location database in a heterogeneous radio access network at a coordinating gateway between a plurality of radio access network nodes and a plurality of core network nodes to reduce load and effectively utilizing paging resources.
As per claim 2 as applied to claim 1 above, Shaw teaches the shared IWF data store supporting the virtual 5G core (Shaw, Fig.1, ¶0042, gateway comprising memory to store information and data supporting 4G system 158 and 5G system 155).
As per claim 3 as applied to claim 1 above, Shaw does not explicitly teach the IWF interworks signaling between the 5G virtual core and the core network.
In the same field of endeavor, FACCIN teaches the IWF interworks signaling between the 5G virtual core and the core network (FACCIN, ¶0056 and ¶0076, Interworking Function and Interworking Function interworks between 5G and core network).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order to enable interworking between fifth generation system network slicing and evolved packet core connectivity to support and provide a desired level of speed or customization for efficient operation (FACCIN, ¶0005).
As per claim 5 as applied to claim 1 above, FACCIN teaches wherein inter-RAT handovers use a module (FACCIN, ¶0123, using module) defined between the virtualizing and interworking gateway (FACCIN, ¶0123, interworking gateway) and the core network (FACCIN, ¶0123, EPC 210 (e.g. support for 4G, ¶0029)) to translate the inter-RAT handover to an intra-RAT handover (FACCIN, ¶0123, to interwork or translate between intra-PLMN and inter-PLMN in case of handover).
As per claim 6, Shaw teaches a method for 4G and 5G core interworking (Shaw, Fig.1, method for 4G network 158 and 5G network 155 core interworking), comprising:15Attorney Docket No.: PWS-72613US01 Date of Deposit: September 15, 2020providing a gateway (HNG) (Shaw, Fig.1, gateway 130), the comprising:
a virtual 5G core providing for 5G networks a plurality of virtualized 5G network functions (Shaw, Fig.1, ¶0022 and ¶0033-34, mobile packet core within 5G network 155 (i.e. 5G core) providing plurality of 5G virtual network functions); an interface to a core network (Shaw, Fig.1, ¶0020, air interface to a network); an interface to a 5G Radio Access Network (RAN) (Shaw, Fig.1, ¶0020 and ¶0022, LTE-Uu interface to 5G RAN).
However, Shaw does not explicitly teach an Interworking Function (IWF), the IWF including a shared IWF data store for 4G and 5G signaling, wherein the IWF interworks signaling between the 5G RAN and the core network by causing the shared IWF data store to emit data based on data received from the 5G RAN and interworked to parameters appropriate for the core network; wherein the virtualizing and interworking gateway provides interworking such that the 5G RAN works with the core network.
In the same field of endeavor, FACCIN teaches an Interworking Function (IWF), the IWF including a shared IWF data store for 4G and 5G signaling (FACCIN, ¶0076 and ¶0063, an Interworking Function including sharing data), wherein the IWF interworks signaling between the 5G RAN and the core network by causing the shared IWF data store to emit data based on data received from the 5G RAN and interworked to parameters appropriate for the core network (FACCIN, ¶0076 and ¶0106-107, interworking function signaling between 5G and core network by releasing/emit data based on the data received from the 5G network and interworked to parameters appropriate for the core network); wherein the virtualizing and interworking gateway provides interworking such that the 5G RAN works with the core network (FACCIN, ¶0029-30 and ¶0076, interworking and virtualization functions provides interworking between 5GS (e.g. 5G system) network and evolved packet core or EPC such that 5G radio access network (RAN) works with EPC connectivity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order to enable interworking between fifth generation system network slicing and evolved packet core connectivity to support and provide a desired level of speed or customization for efficient operation (FACCIN, ¶0005).
However, Shaw in view of FACCIN does not explicitly teach the gateway is situated between the core network and the 5G RAN.
In the same field of endeavor, Gupta teaches the gateway is situated between the core network and the 5G RAN (Fig.2, HetNet gateway includes evolved packet core (EPC) virtualization stack 204a in communication with radio virtualization stack 204b is located in the network path between heterogeneous mix of cores (i.e. core network 205) and heterogeneous radio access networks (RANs) using different radio access technologies (i.e. 5G RAN)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order for improved paging by providing a combined user device location database in a heterogeneous radio access network at a coordinating gateway between a plurality of radio access network nodes and a plurality of core network nodes to reduce load and effectively utilizing paging resources.
As per claim 7 as applied to claim 6 above, Shaw teaches supporting, by a data store of the gateway, a virtual 4G core and the virtual 5G core (Shaw, Fig.1, ¶0042, gateway comprising memory to store information and data supporting 4G system 158 and 5G system 155).
As per claim 8 as applied to claim 6 above, Shaw does not explicitly teach interworking signaling between a virtual 4G core and the virtual 5G core by an Interworking Function (IWF).
In the same field of endeavor, FACCIN teaches interworking signaling between a virtual 4G core and the virtual 5G core by an Interworking Function (IWF) (FACCIN, ¶0056 and ¶0076, Interworking Function and Interworking Function interworks between 5G and core network).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order to enable interworking between fifth generation system network slicing and evolved packet core connectivity to support and provide a desired level of speed or customization for efficient operation (FACCIN, ¶0005).
As per claim 10 as applied to claim 6 above, FACCIN further teaches wherein the inter-RAT handovers use a module (FACCIN, ¶0123, using module) defined between the HNG (FACCIN, ¶0123, interworking gateway) and the 4G core (FACCIN, ¶0123, EPC 210 (e.g. support for 4G, ¶0029)) to translate the inter-RAT handover to an intra-RAT handover (FACCIN, ¶0123, to interwork or translate between intra-PLMN and inter-PLMN in case of handover).
As per claim 12, Shaw teaches a non-transitory computer-readable medium containing instructions (Shaw, ¶0087, computer readable storage medium containing instructions) for core interworking (Shaw, Fig.1, for 4G network 158 and 5G network 155 interworking), which, when executed, cause a telecommunication network node (Shaw, Fig.1, gateway 130) perform steps comprising: providing, at a gateway, a virtual 5G core (Shaw, Fig.1, ¶0022, mobile packet core within 5G network 155 (i.e. 5G core)); an interface to a core network (Shaw, Fig.1, ¶0020, air interface to a network), an interface to a 5G Radio Access Network (RAN) (Shaw, Fig.1, ¶0020 and ¶0022, LTE-Uu interface to 5G RAN).
However, Shaw does not explicitly teach an Interworking Function (IWF), the IWF including a shared IWF data store for 4G and 5G signaling, wherein the IWF interworks signaling between the 5G RAN and the core network by causing the shared IWF data store to emit data based on data received from the 5G RAN and interworked to core network parameters.
In the same field of endeavor, FACCIN teaches an Interworking Function (IWF), the IWF including a shared IWF data store for 4G and 5G signaling (FACCIN, ¶0076 and ¶0063, an Interworking Function including sharing data), wherein the IWF interworks signaling between the 5G RAN and the core network by causing the shared IWF data store to emit data based on data received from the 5G RAN and interworked to core network parameters (FACCIN, ¶0076 and ¶0106-107, interworking function signaling between 5G and core network by releasing/emit data based on the data received from the 5G network and interworked to parameters appropriate for the core network).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order to enable interworking between fifth generation system network slicing and evolved packet core connectivity to support and provide a desired level of speed or customization for efficient operation (FACCIN, ¶0005).
However, Shaw in view of FACCIN does not explicitly teach the gateway is situated between the core network and the 5G RAN.
In the same field of endeavor, Gupta teaches the gateway is situated between the core network and the 5G RAN (Fig.2, HetNet gateway includes evolved packet core (EPC) virtualization stack 204a in communication with radio virtualization stack 204b is located in the network path between heterogeneous mix of cores (i.e. core network 205) and heterogeneous radio access networks (RANs) using different radio access technologies (i.e. 5G RAN)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order for improved paging by providing a combined user device location database in a heterogeneous radio access network at a coordinating gateway between a plurality of radio access network nodes and a plurality of core network nodes to reduce load and effectively utilizing paging resources.
As per claim 13 as applied to claim 12 above, Shaw teaches the shared IWF data store supporting the virtual 5G core (Shaw, Fig.1, ¶0042, gateway comprising memory to store information and data supporting 4G system 158 and 5G system 155).
As per claim 14 as applied to claim 12 above, Shaw does not explicitly teach the IWF interworks signaling between the 5G virtual core and the core network.
In the same field of endeavor, FACCIN teaches the IWF interworks signaling between the 5G virtual core and the core network (FACCIN, ¶0056 and ¶0076, Interworking Function and Interworking Function interworks between 5G and core network).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated FACCIN into invention of Shaw in order to enable interworking between fifth generation system network slicing and evolved packet core connectivity to support and provide a desired level of speed or customization for efficient operation (FACCIN, ¶0005).
B) Claims 4, 9, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2018/0139670 A1) in view of FACCIN (US 2019/0124561 A1) and further in view of Gupta (US 2018/0063813 A1) and Knapp (US 2019/0320358 A1).
As per claim 4 as applied to claim 1 above Shaw teaches inter-Radio Access Technology (RAT) handovers (Shaw, ¶0042, inter-eNodeB handovers).
However, Shaw in view of FACCIN and Gupta does not explicitly teach handovers use sideband information channels between a virtual 4G core and the virtual 5G core.
In the same field of endeavor, Knapp teaches handovers use sideband information channels between a virtual 4G core and the virtual 5G core (Knapp, Fig.2, ¶0085 and ¶0089, handover using sideband information link 220 between LTE/4G and 5G NR).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated Knapp into invention of Shaw and FACCIN and Gupta in order to operate in a network using mmW spectrum in addition to being capable of operating in wireless communications systems in other bands to increase the data rates to a wireless device and reduce path loss (Knapp, ¶0003).
As per claim 9 as applied to claim 6 above Shaw teaches inter-Radio Access Technology (RAT) handovers (Shaw, ¶0042, inter-eNodeB handovers).
However, Shaw in view of FACCIN and Gupta does not explicitly teach handovers use sideband information channels between a virtual 4G core and the virtual 5G core.
In the same field of endeavor, Knapp teaches handovers use sideband information channels between a virtual 4G core and the virtual 5G core (Knapp, Fig.2, ¶0085 and ¶0089, handover using sideband information link 220 between LTE/4G and 5G NR).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated Knapp into invention of Shaw and FACCIN and Gupta in order to operate in a network using mmW spectrum in addition to being capable of operating in wireless communications systems in other bands to increase the data rates to a wireless device and reduce path loss (Knapp, ¶0003).
As per claim 15 as applied to claim 12 above Shaw teaches inter-Radio Access Technology (RAT) handovers (Shaw, ¶0042, inter-eNodeB handovers).
However, Shaw in view of FACCIN and Gupta does not explicitly teach handovers use sideband information channels between the virtual 4G core and the virtual 5G core.
In the same field of endeavor, Knapp teaches handovers use sideband information channels between the virtual 4G core and the virtual 5G core (Knapp, Fig.2, ¶0085 and ¶0089, handover using sideband information link 220 between LTE/4G and 5G NR).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated Knapp into invention of Shaw and FACCIN in order to operate in a network using mmW spectrum in addition to being capable of operating in wireless communications systems in other bands to increase the data rates to a wireless device and reduce path loss (Knapp, ¶0003).
As per claim 16 as applied to claim 15 above, FACCIN teaches wherein the inter-RAT handovers use a module (FACCIN, ¶0123, using module) defined between the HNG (FACCIN, ¶0123, interworking gateway) and the virtual 4G core (FACCIN, ¶0123, EPC 210 (e.g. support for 4G, ¶0029)) to translate the inter-RAT handover to an intra-RAT handover (FACCIN, ¶0123, to interwork or translate between intra-PLMN and inter-PLMN in case of handover).
C) Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2018/0139670 A1) in view of FACCIN (US 2019/0124561 A1) and further in view of Gupta (US 2018/0063813 A1) and Knapp (US 2019/0320358 A1) and Guo (US 2016/0219570 A1).
As per claim 11 as applied to claim 9 above, Shaw in view of FACCIN, Gupta, and Knapp does not explicitly teach using the virtual 5G core to send information to a 5G-aware 4G evolved packet core (EPC) for inter-RAT handovers.
In the same field of endeavor, Guo teaches using the virtual 5G core to send information to a 5G-aware 4G evolved packet core (EPC) for inter-RAT handovers (Guo, ¶0024 and ¶0040, RAT mobility using phantom 5G cells to transmit information to 5G and enhanced LTE RAT).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated Guo into invention of Shaw, FACCIN, Gupta and Knapp in order to handle transmission in a wireless communication system to provide high data throughput.
D) Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2018/0139670 A1) in view of FACCIN (US 2019/0124561 A1) and further in view of Gupta (US 2018/0063813 A1) and Guo (US 2016/0219570 A1).
As per claim 17 as applied to claim 12 above, Shaw in view of FACCIN, and Gupta, does not explicitly teach wherein inter-RAT handovers use a phantom 5G core network to send information to a 5G-aware 4G evolved packet core (EPC).
In the same field of endeavor, Guo teaches wherein inter-RAT handovers use a phantom 5G core network to send information to a 5G-aware 4G evolved packet core (EPC) (Guo, ¶0024 and ¶0040, RAT mobility using phantom 5G cells to transmit information to 5G and enhanced LTE RAT).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated Guo into invention of Shaw, FACCIN, and Gupta in order to handle transmission in a wireless communication system to provide high data throughput.
Conclusion
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/FARIDEH MADANI/Examiner, Art Unit 2643 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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