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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11357077. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application merely change the scope of claim 1 of U.S. Patent No. 11,357,077, as in the example below, by further limiting “wherein the apparatus integrates a packet data network gateway-control plane in the first network and a session management function in the second network”. Kim et al. (US 20200275331) discloses Fig. 8 and a packet data network gateway+session management function (PGW+SMF) (802a) (the PGW+SMF may be referred to as a PGW-C+SMF, an SMF, or a PGW). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with Kim in order to support communication of multiple users by sharing available system resources (a bandwidth, transmission power, etc.) among them ([0002], Kim). Claims 2-20 are rejected on the ground of nonstatutory obviousness-type double patenting for the same reason.
Instant Application
US Patent 11357077
1. (New) A non-transitory computer-readable storage medium configured to store instructions to be executed by one or more processors to cause an apparatus to:
receive, from an access and mobility management function device in a second network, information about a bearer in a first network, wherein the apparatus integrates a packet data network gateway-control plane in the first network and a session management function in the second network;
determine, based on the information and association information, a first flow for data forwarding in the second network, wherein the association information indicates an association between the first flow and the bearer; and
send, to a second access network device in the second network via the access and mobility management function device, flow information and forwarding information,
wherein the flow information indicates the first flow, and wherein the forwarding information identifies a user plane function device for forwarding the first flow to a tunnel corresponding to the bearer.
1. A data forwarding method, comprising:
sending, by an access and mobility management function device to a session management function device, information about a first bearer in a first network;
receiving, by the session management function device, the information about the first bearer;
determining, by the session management function device, a first flow for data forwarding in a second network based on the information about the first bearer and association information, wherein the association information indicates an association between the first flow in the second network and the first bearer in the first network, and wherein the first network and the second network are different networks; and
sending, by the session management function device to an access network device in the second network via the access and mobility management function device, flow information of the first flow in the second network and forwarding information,
wherein the flow information indicates the first flow for data forwarding, and wherein the forwarding information is for forwarding the first flow to a tunnel corresponding to the first bearer.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11963263. Although the conflicting claims are not identical, they are not patentably distinct from each other because, as in the example below, claim 1 of the instant application merely broadens the scope of claim 11 of U.S. Patent No. 11963263. Claims 2-20 are rejected on the ground of nonstatutory obviousness-type double patenting for the same reason.
Instant Application
US Patent No. 11963263
1. (New) A non-transitory computer-readable storage medium configured to store instructions to be executed by one or more processors to cause an apparatus to:
receive, from an access and mobility management function device in a second network, information about a bearer in a first network,
wherein the apparatus integrates a packet data network gateway-control plane in the first network and a session management function in the second network;
determine, based on the information and association information, a first flow for data forwarding in the second network, wherein the association information indicates an association between the first flow and the bearer; and
send, to a second access network device in the second network via the access and mobility management function device, flow information and forwarding information, wherein the flow information indicates the first flow, and
wherein the forwarding information identifies a user plane function device for forwarding the first flow to a tunnel corresponding to the bearer.
11. An apparatus for interworking between a first network and a second network, comprising: an interface; a processor coupled to the interface; and a non-transitory computer-readable storage medium coupled to the processor and configured to store instructions to be executed by the processor to cause the apparatus to:
receive, using the interface, from an access and mobility management function device in the second network, information about a bearer in the first network,
wherein the apparatus integrates a packet data network gateway-control plane in the first network and a session management function in the second network;
determine a first flow in the second network based on the information about the bearer and association information, wherein the first flow for data forwarding in the second network, and wherein the association information indicates an association between the first flow and the bearer; and
send, using the interface to a second access network device in the second network via the access and mobility management function device, flow information and forwarding information, wherein the flow information indicates the first flow, and
wherein the forwarding information identifies a user plane function device for forwarding the first flow to a tunnel corresponding to the bearer.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over DANNEBRO et al. (US 20200112522) in view of (Release 15, 3GPP TS 23.502 V1.3.0 from IDS, Page 116-117, hereinafter 3GPP-TS-23.502).
Regarding claim 8, DANNEBRO teaches to receive, from a session management function device (Fig. 17a, 130 PGW-C+SMF) via an access and mobility management function device in a second network (Fig. 17a, 105 AMF), flow information and forwarding information (Fig. 17a, step 1710a, step 1711a-5G-RAN receive Handover command, [0482] The PGW-C+SMF 130 returns a Create Indirect Data Forwarding Tunnel Response), wherein the flow information indicates a first flow for data forwarding in the second network (Fig. 17a, step1711c, 5G-RAN forwards DL Data forwarding to 130 PGW-C+SMF), and receive a second flow (Fig. 17a, step1711c, 133 PGW-U+UPF DL Data forwarding to 103 E-UTRAN); and send, to the user plane function device, based on the forwarding information, and when the second flow is the first flow, the second flow (Fig. 17a step 1711c. DL Data forwarding ).
However, DANNEBRO does not expressly teach wherein wherein the forwarding information identifies a user plane function device for forwarding the first flow to a tunnel corresponding to a bearer in a first network; and send, to the user plane function device, based on the forwarding information, and when the second flow is the first flow, the second flow. 3GPP-TS-23.502 discloses, as shown below, Figure 4.11.1.2.1-1: 5GS to EPS handover for single-registration mode with N26 interface:
PNG
media_image1.png
698
825
media_image1.png
Greyscale
In step 10c, The PGW-C+SMF maps the EPS Bearer for Data forwarding to the 5G QoS Flows based on the association between EPS Bearer ID and QoS Flow, then returns a Create Indirect Data Forwarding Tunnel Response (Cause, CN tunnel Info for Data Forwarding, QoS flows for Data Forwarding). 3GPP-TS-23.502 further discloses step 11, The AMF sends the Handover Command to the source NG-RAN… sending the HO Command (Transparent container (radio aspect parameters that the target cNB has set-up in the preparation phase), CN tunnel info for data forwarding per PDU Session, QoS flows for Data Forwarding)… NG-RAN initiate data forwarding via to the PGW-U+UPF based on the CN Tunnel Info for Data Forwarding per PDU Session. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a standardized method in the 3GPP standards in order to yield to an expected result.
Regarding claims 1 and 12, DANNEBRO teaches to receive, from an access and mobility management function device in a second network (Fig. 17a, 105 AMF), information about a bearer in a first network, wherein the apparatus integrates a packet data network gateway-control plane in the first network and a session management function in the second network (Fig. 17a, Step 1702a-SM Context Request message to the PGW-C+SMF 130, and [0442] The AMF 105 requests the PGW-C+SMF 130 to provide a SM Context that also includes the mapped 4G bearer Contexts. The request is done by that the AMF 105 sends a SM Context Request message to the PGW-C+SMF 130);
determine, based on the information and association information ([0133] The 4G bearer ID is used by UE 101 and may also be used by the RAN 103. the 4G bearer ID is associated with the 4G QoS flow that in turn is associated with the 5G QOS flow and [0506] AMF 105 will attempt to assign a 4G bearer ID if the SMF-PGW-C 130 provides 4G QoS information at setup of a 5G QoS flow in the 5G access), a first flow for data forwarding in the second network (Fig. 17a, Step 1710a, [0482] The PGW-C+SMF 130 returns a Create Indirect Data Forwarding Tunnel Response), wherein the association information indicates an association between the first flow and the bearer ([0506] AMF 105 will attempt to assign a 4G bearer ID if the SMF-PGW-C 130 provides 4G QoS information at setup of a 5G QoS flow in the 5G access); and
send, to a second access network device in the second network via the access and mobility management function device (Fig. 17a, Step 1710a to 105 AMF and 1711a Handover command to 103 5G-RAN), flow information and forwarding information (Fig. 17a, 1711a Handover command to 103 5G-RAN), wherein the flow information indicates the first flow (1711c DL Data forwarding from 103 5G-RAN).
However, DANNEBRO does not expressly teach the forwarding information identifies a user plane function device for forwarding the first flow to a tunnel corresponding to the bearer. 3GPP-TS-23.502 discloses, as shown above for claim 8, Figure 4.11.1.2.1-1: 5GS to EPS handover for single-registration mode with N26 interface. 3GPP-TS-23.502 further discloses step 11, The AMF sends the Handover Command to the source NG-RAN… sending the HO Command (Transparent container (radio aspect parameters that the target cNB has set-up in the preparation phase), CN tunnel info for data forwarding per PDU Session, QoS flows for Data Forwarding)… NG-RAN initiate data forwarding via to the PGW-U+UPF based on the CN Tunnel Info for Data Forwarding per PDU Session. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a standardized method in the 3GPP standards in order to yield to an expected result.
Regarding claims 2 and 13, DANNEBRO teaches the information comprises at least one of: identification information of the bearer ([0442] The AMF 105 requests the PGW-C+SMF 130 to provide a SM Context that also includes the mapped 4G bearer Contexts and [0506] AMF 105 will attempt to assign a 4G bearer ID if the SMF-PGW-C 130 provides 4G QoS information at setup of a 5G QoS flow in the 5G access); or an address of a serving gateway and a tunnel endpoint identifier of the serving gateway, wherein the tunnel endpoint identifier is for forwarding downlink data.
Regarding claims 3, 9, and 15, 3GPP-TS-23.502 teaches wherein the forwarding information comprises core network tunnel information for data forwarding. 3GPP-TS-23.502 discloses, as shown above for claim 8, Figure 4.11.1.2.1-1: 5GS to EPS handover for single-registration mode with N26 interface. 3GPP-TS-23.502 further discloses step 11, The AMF sends the Handover Command to the source NG-RAN… sending the HO Command (Transparent container (radio aspect parameters that the target cNB has set-up in the preparation phase), CN tunnel info for data forwarding per PDU Session, QoS flows for Data Forwarding)… NG-RAN initiate data forwarding via to the PGW-U+UPF based on the CN Tunnel Info for Data Forwarding per PDU Session. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a standardized method in the 3GPP standards in order to yield to an expected result.
Regarding claims 4 and 16, DANNEBRO does not expressly teach to receive, from the user plane function device using an interface, the forwarding information; or allocate the forwarding information. 3GPP-TS-23.502 teaches step 11, For the QoS Flows indicated in the "QoS Flows for Data Forwarding", NG-RAN initiate data forwarding via to the PGW-U+UPF based on the CN Tunnel Info for Data Forwarding per PDU Session. Then the PGW-U+UPF maps data received from the data forwarding tunnel(s) to the corresponding EPS Bearer(s), and send the data to the target eNodeB via Serving GW. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a standardized method in the 3GPP standards in order to yield to an expected result.
Regarding claims 5, 11, and 18, DANNEBRO teaches wherein the first network is a 4th generation (4G) network (Fig. 17a, 103 E-UTRAN), wherein the second network is a 5th generation (5G) network (Fig. 17a, 103 5G-RAN), wherein the bearer is an Evolved Packet System (EPS) bearer in the 4G network ([0596] The 4G bearer ID may be referred to as an EPS Bearer ID), and wherein the first flow is a quality of service (QoS) flow in the 5G network ([0133] The 4G bearer ID is used by UE 101 and may also be used by the RAN 103. the 4G bearer ID is associated with the 4G QoS flow that in turn is associated with the 5G QOS flow and [0506] AMF 105 will attempt to assign a 4G bearer ID if the SMF-PGW-C 130 provides 4G QoS information at setup of a 5G QoS flow in the 5G access).
Regarding claims 6, 10, and 19, DANNEBRO teaches wherein the forwarding information is at a granularity of a session ([0421] The UE 101 has one or more ongoing PDU sessions each including one or more 4G QoS flows and [0505] if the SMF 108 requests 4G bearer ID from the AMF 105 before initiating the PDU session modification).
Regarding claims 7 and 20, DANNEBRO teaches the bearer is successfully established by a first access network device in the first network (Fig. 17a).
Regarding claim 14, 3GPP-TS-23.502 teaches wherein the information comprises an address of a serving gateway and a tunnel endpoint identifier of the serving gateway, and wherein the tunnel endpoint identifier is for forwarding downlink data. 3GPP-TS-23.502 teaches step 11, For the QoS Flows indicated in the "QoS Flows for Data Forwarding", NG-RAN initiate data forwarding via to the PGW-U+UPF based on the CN Tunnel Info for Data Forwarding per PDU Session. Then the PGW-U+UPF maps data received from the data forwarding tunnel(s) to the corresponding EPS Bearer(s), and send the data to the target eNodeB via Serving GW. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a standardized method in the 3GPP standards in order to yield to an expected result.
Regarding claim 17, 3GPP-TS-23.502 teaches, wherein the one or more processors are further configured to execute the instructions to cause the apparatus to allocate the forwarding information (step 11, For the QoS Flows indicated in the "QoS Flows for Data Forwarding", NG-RAN initiate data forwarding via to the PGW-U+UPF based on the CN Tunnel Info for Data Forwarding per PDU Session. Then the PGW-U+UPF maps data received from the data forwarding tunnel(s) to the corresponding EPS Bearer(s), and send the data to the target eNodeB via Serving GW. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a standardized method in the 3GPP standards in order to yield to an expected result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNSOOK CHOI whose telephone number is (571)270-1822. The examiner can normally be reached on 8am-4:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on 5712723940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EUNSOOK CHOI/Primary Examiner, Art Unit 2467