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 .
Claims 1, 9-12, 17-18 are amended.
Claims 2-4, 13-14, 16 are canceled.
Claims 1, 5-12, 15 and 17-20 are examined and rejected based on new grounds of rejection.
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.
Claim(s) 1, 5, 7, 9-12, 15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 20220256390 A1, hereinafter “Sun”) in view of Krishnamoorthy (WO 2023096541 A1 hereinafter “Krishnamoorthy”).
Regarding Claim 1, Sun discloses an apparatus for congestion control (Examiners Note: Using BRI consistent with the specification, the limitation “apparatus for congestion control” has been interpreted to mean “SMF - session management function”. Based on this interpretation, see FIG. 11., session management function SMF/i.e., representing the congestion control apparatus; also see FIG. 10., illustrating SMF, para 141), comprising:
a transceiver, configured to receive a policy and charging control (PCC) rule from a policy control function (PCF) network element, wherein the PCC rule comprises a first congestion control indication (see para 156-157, A terminal device initiates a PDU session establishment procedure, and successfully establishes a PDU session. An application function (AF) network element sends an AF request message to a PCF network element; see paras 165-166, The PCF network element sends a session management (SM) policy control update notify request to an SMF network element based on the AF request message. Correspondingly, the SMF network element receives the SM policy control update notify request from the PCF network element. The SM policy control update notification request includes a PCC rule or policy information related to the PDU session. The PCC rule or the policy information related to the PDU session includes indication information 2, where the indication information 2 is used to indicate that the target service needs the user plane QoS notification; also see paras 14-16, QoS notification includes QoS information comprising QoS requirement having been met or not met, and congestion in the service path to the target service; also see FIG. 3., para 82, the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow/i.e., representing congestion control indication); and description information of a first service data flow associated with the first congestion control indication (see para 77, One QoS flow is identified by one QoS flow identifier (QFI), in other words, the QFI uniquely identifies one QoS flow on a session; also see para 159 the indication information 1 includes app.1, where “app” is the information about the target service, and “1” indicates that the user plane QoS notification is required. For example, the information about the target service herein may include a service data flow template, an AF application identifier), an AF service identifier, or an AF communication service identifier), wherein the first congestion control indication is used for indicating to enable congestion control on a service data flow corresponding to the description information (see paras 77-79, and one or more QoS flows may be established on each PDU session. One QoS flow is identified by one QoS flow identifier (QFI), in other words, the QFI uniquely identifies one QoS flow on a session… For the GBR QoS flow that requires notification control, when an access network device detects that a corresponding QoS flow resource cannot be met, the access network device notifies a session management function (SMF) network element of the event. Further, an SMF network element may initiate a QoS flow deletion or modification procedure),
a processor, configured to determine a quality of service (QoS) flow for transmitting the first service data flow based on the first congestion control indication (see paras 165-166, The PCF network element sends a session management (SM) policy control update notify request to an SMF network element based on the AF request message. Correspondingly, the SMF network element receives the SM policy control update notify request from the PCF network element. The SM policy control update notification request includes a PCC rule or policy information related to the PDU session. The PCC rule or the policy information related to the PDU session includes indication information 2, where the indication information 2 is used to indicate that the target service needs the user plane QoS notification; para 171, the indication information in the PCC rule may be used as a binding parameter for QoS flow binding; also see para 82, If the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow, (3a) the SMF network element sends service data flow (DF) information to a UPF network element, where the SDF information includes QoS control information; (3b) the SMF network element sends a QoS profile of the QoS flow to the access network device through an access and mobility management function (AMF) network element; and (3c) the SMF network element sends a QoS rule to a terminal device through the AMF network element and the access network device, where the QoS rule includes the QoS control information);
wherein the transceiver is further configured to send a congestion control indication associated with the QoS flow and a QoS flow identifier of the QoS flow to an access network device (see paras 82-83, the SMF network element sends a QoS profile of the QoS flow to the access network device through an access and mobility management function (AMF) network element. The access network device establishes an air interface DRB based on the QoS profile, and stores a binding relationship between the QoS flow and the DRB, where a QoS flow is established between the terminal device, the access network device, and the UPF network element; also see para 77, One QoS flow is identified by one QoS flow identifier (QFI), in other words, the QFI uniquely identifies one QoS flow on a session).
Sun teaches the service data flow based on congestion control information, and teaches at paragraphs 210-215, explicit congestion notification (ECN) flag.
Sun does not specify: the first congestion control indication comprises a low latency, low loss, scalable throughput (L4S).
In the same field of endeavor, Krishnamoorthy teaches this limitation: see para 46, when the RAN detects that the UE has again entered a slow-start phase (this can happen at packet losses or indications of risk packet loss, for example ECN or L4S, indications are encountered), the PCell can aggressively configure additional SCells to quickly ramp-up the UE’s bandwidth share.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Sun, so as to include indication of a low latency, low loss, scalable throughput (L4S) as taught by Krishnamoorthy, the motivation being to increase the UEs bandwidth share, and provide the UEs with additional network resources which ensures that the bandwidth allocated to the several UE data-streams is sufficient to ensure the quality of experience (“QoE”) and quality of service (“QoS”) requirements (see Krishnamoorthy, para 3).
Regarding Claim 5, Sun discloses the apparatus of claim 1, wherein, the QoS flow for transmitting the first service data flow is an existing first QoS flow, and the congestion control indication associated with the first QoS flow is the same as the first congestion control indication (see para 212, The data packet includes indication information 5, where the indication information 5 is used to indicate information about a second QoS notification, the second QoS notification includes second QoS information of the target service, and the first QoS notification is the same as the second QoS notification, or the second QoS notification is determined based on the first QoS notification.); or
Regarding Claim 7, Sun discloses the apparatus of claim 1, wherein the PCC rule further comprises: a QoS requirement of the first service data flow, and the processor is further configured to determine the QoS flow for transmitting the first service data flow based on the QoS requirement of the first service data flow and the first congestion control indication (see para 82, If the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow, the SMF network element sends service data flow (DF) information to a UPF network element, where the SDF information includes QoS control information; the SMF network element sends a QoS profile of the QoS flow to the access network device through an access and mobility management function (AMF) network element; and the SMF network element sends a QoS rule to a terminal device through the AMF network element and the access network device, where the QoS rule includes the QoS control information/i.e. the congestion control indication).
Regarding Claims 9, 19, Sun discloses: the QoS requirement comprises at least one of: a 5th generation (5G) QoS identifier, an allocation priority, a bit rate requirement, a time-delay requirement for transmission, or a bit error rate requirement for transmission (see paras 62-64, The QoS parameter in the embodiments of this application includes 5G QoS identifier (QI). The 5QI is a scalar to be indexed to a corresponding 5G QoS characteristic. The 5QI is classified into a standardized 5QI, a preconfigured 5QI, and a dynamically allocated 5QI. The standardized 5QIs are in a one-to-one correspondence with a group of standardized 5G QoS characteristic values. A 5G QoS characteristic value corresponding to the preconfigured 5QI is preconfigured on an access network device. A 5G QoS characteristic corresponding to the dynamically allocated 5QI is sent by a core network device to the access network device by using a QoS profile (QoS profile).
Regarding Claim 10, Sun discloses an apparatus for congestion control (see FIG. 11., session management function SMF/i.e., representing the congestion control apparatus), comprising:
a transceiver, configured to receive a congestion control indication associated with a quality of service (QoS) flow and a QoS flow identifier of the QoS flow from a session management function (SMF) network element (see para 156-157, A terminal device initiates a PDU session establishment procedure, and successfully establishes a PDU session. An application function (AF) network element sends an AF request message to a PCF network element; see paras 165-166, The PCF network element sends a session management (SM) policy control update notify request to an SMF network element based on the AF request message. Correspondingly, the SMF network element receives the SM policy control update notify request from the PCF network element. The SM policy control update notification request includes a PCC rule or policy information related to the PDU session. The PCC rule or the policy information related to the PDU session includes indication information 2, where the indication information 2 is used to indicate that the target service needs the user plane QoS notification; also see paras 14-16, QoS notification includes QoS information comprising QoS requirement having been met or not met, and congestion in the service path to the target service; also see FIG. 3., para 82, the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow/i.e., representing congestion control indication); and
a processor, configured to enable congestion control on the QoS flow (see paras 165-166, The PCF network element sends a session management (SM) policy control update notify request to an SMF network element based on the AF request message. Correspondingly, the SMF network element receives the SM policy control update notify request from the PCF network element. The SM policy control update notification request includes a PCC rule or policy information related to the PDU session. The PCC rule or the policy information related to the PDU session includes indication information 2, where the indication information 2 is used to indicate that the target service needs the user plane QoS notification; para 171, the indication information in the PCC rule may be used as a binding parameter for QoS flow binding; also see para 82, If the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow, (3a) the SMF network element sends service data flow (DF) information to a UPF network element, where the SDF information includes QoS control information; (3b) the SMF network element sends a QoS profile of the QoS flow to the access network device through an access and mobility management function (AMF) network element; and (3c) the SMF network element sends a QoS rule to a terminal device through the AMF network element and the access network device, where the QoS rule includes the QoS control information).
Sun teaches the service data flow based on congestion control information, and teaches at paragraphs 210-215, explicit congestion notification (ECN) flag.
Sun does not specify: the congestion control indication associated with the QoS flow comprises a low latency, low loss, scalable throughput (L4S).
Krishnamoorthy teaches this limitation: see para 46, when the RAN detects that the UE has again entered a slow-start phase (this can happen at packet losses or indications of risk packet loss, for example ECN or L4S, indications are encountered), the PCell can aggressively configure additional SCells to quickly ramp-up the UE’s bandwidth share.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Sun, so as to include indication of a low latency, low loss, scalable throughput (L4S) as taught by Krishnamoorthy, the motivation being to increase the UEs bandwidth share, and provide the UEs with additional network resources which ensures that the bandwidth allocated to the several UE data-streams is sufficient to ensure the quality of experience (“QoE”) and quality of service (“QoS”) requirements (see Krishnamoorthy, para 3).
Regarding Claim 11, Sun discloses the apparatus of claim 10, but does not teach: enable L4S congestion control on the QoS flow associated with the L4S.
Krishnamoorthy teaches this limitation: see para 46, when the RAN detects that the UE has again entered a slow-start phase (this can happen at packet losses or indications of risk packet loss, for example L4S indications are encountered), the PCell can aggressively configure additional SCells to quickly ramp-up the UE’s bandwidth share.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Sun, so as to include indication of a low latency, low loss, scalable throughput (L4S) as taught by Krishnamoorthy, the motivation being to increase the UEs bandwidth share, and provide the UEs with additional network resources which ensures that the bandwidth allocated to the several UE data-streams is sufficient to ensure the quality of experience (“QoE”) and quality of service (“QoS”) requirements (see Krishnamoorthy, para 3).
Regarding Claim 12, Sun discloses an apparatus for congestion control (see FIG. 11., session management function SMF/i.e., representing the congestion control apparatus), comprising:
a transceiver, configured to send a policy and charging control (PCC) rule to a session management function (SMF) network element wherein the PCC rule comprises a first congestion control indication (see para 156-157, A terminal device initiates a PDU session establishment procedure, and successfully establishes a PDU session. An application function (AF) network element sends an AF request message to a PCF network element; see paras 165-166, The PCF network element sends a session management (SM) policy control update notify request to an SMF network element based on the AF request message. Correspondingly, the SMF network element receives the SM policy control update notify request from the PCF network element. The SM policy control update notification request includes a PCC rule or policy information related to the PDU session. The PCC rule or the policy information related to the PDU session includes indication information 2, where the indication information 2 is used to indicate that the target service needs the user plane QoS notification; also see paras 14-16, QoS notification includes QoS information comprising QoS requirement having been met or not met, and congestion in the service path to the target service; also see FIG. 3., para 82, the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow/i.e., representing congestion control indication) and description information of a first service data flow associated with the first congestion control indication (see para 77, One QoS flow is identified by one QoS flow identifier (QFI), in other words, the QFI uniquely identifies one QoS flow on a session; also see para 159 the indication information 1 includes app.1, where “app” is the information about the target service, and “1” indicates that the user plane QoS notification is required. For example, the information about the target service herein may include a service data flow template, an AF application identifier), an AF service identifier, or an AF communication service identifier), wherein the first congestion control indication is used for indicating to enable congestion control on a service data flow corresponding to the description information (see paras 77-79, and one or more QoS flows may be established on each PDU session. One QoS flow is identified by one QoS flow identifier (QFI), in other words, the QFI uniquely identifies one QoS flow on a session… For the GBR QoS flow that requires notification control, when an access network device detects that a corresponding QoS flow resource cannot be met, the access network device notifies a session management function (SMF) network element of the event. Further, an SMF network element may initiate a QoS flow deletion or modification procedure),
Sun teaches the service data flow based on congestion control information, and teaches at paragraphs 210-215, explicit congestion notification (ECN) flag.
Sun does not specify: the first congestion control indication comprises a low latency, low loss, scalable throughput (L4S).
Krishnamoorthy teaches this limitation: see para 46, when the RAN detects that the UE has again entered a slow-start phase (this can happen at packet losses or indications of risk packet loss, for example ECN or L4S, indications are encountered), the PCell can aggressively configure additional SCells to quickly ramp-up the UE’s bandwidth share.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Sun, so as to include indication of a low latency, low loss, scalable throughput (L4S) as taught by Krishnamoorthy, the motivation being to increase the UEs bandwidth share, and provide the UEs with additional network resources which ensures that the bandwidth allocated to the several UE data-streams is sufficient to ensure the quality of experience (“QoE”) and quality of service (“QoS”) requirements (see Krishnamoorthy, para 3).
Regarding Claim 15, Sun discloses the apparatus of claim 12, wherein the transceiver is further configured to: receive the first congestion control indication and the description information of the first service data flow associated with the first congestion control indication from an application function (AF) entity; and/or receive a service requirement of the first service data flow from the AF entity (see paras 157-159, An AF network element sends an AF request message to a PCF network element. Correspondingly, the PCF network element receives the AF request message from the AF network element. The AF request message includes indication information 1, where the indication information 1 is used to indicate that a target service needs a user plane QoS notification, or the indication information 1 is used to indicate a capability of the AF network element to support a user plane QoS notification… the information about the target service herein may include a service data flow template, an AF application identifier), an AF service identifier, or an AF communication service identifier).
Regarding Claim 17, Sun discloses the apparatus of claim 12, wherein the description information comprises at least one of: packet header information, an application identifier, or a service identifier see para 159 the indication information 1 includes app.1, where “app” is the information about the target service, and “1” indicates that the user plane QoS notification is required. For example, the information about the target service herein may include a service data flow template, an AF application identifier), an AF service identifier, or an AF communication service identifier); .
Regarding Claim 18, Sun discloses the apparatus of claim 12, wherein the PCC rule further comprises a quality of service (QoS) requirement of the first service data flow, and the QoS requirement of the first service data flow is determined based on a service requirement of the first service data flow (see para 82, If the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow, (3a) the SMF network element sends service data flow (DF) information to a UPF network element, where the SDF information includes QoS control information; (3b) the SMF network element sends a QoS profile of the QoS flow to the access network device through an access and mobility management function (AMF) network element; and (3c) the SMF network element sends a QoS rule to a terminal device through the AMF network element and the access network device, where the QoS rule includes the QoS control information).
Regarding Claim 20, Sun discloses the apparatus of claim 18, wherein the service requirement comprises at least one of: a service type (see para 215, In an existing ECN flag, two least significant bits (rightmost bits) in a type of service (ToS) field (at the ninth to the sixteenth bits) in an internet protocol version 4 (IPv4) header or an IPv6 header are encoded to represent four status codes for ECN), a bit rate requirement for service, a time-delay requirement for transmission, a priority requirement for transmission, or a bit error rate requirement for transmission (see para 229, QoS information (for example, whether a cell is congested and a congestion level) of the RAN device and location information of the terminal device, to resolve a problem of path detour caused when the AF subscribes to other information/i.e., time delay for transmission).
Claim(s) 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Krishnamoorthy, in view of Jeon (WO 2022233426 A1, hereinafter “Jeon”).
Regarding Claim 6, Sun in view of Krishnamoorthy disclose the apparatus of claim 1, but does not disclose details regarding: in case that the first congestion control indication is different from all congestion control indications associated with existing one or more QoS flows, the QoS flow for transmitting the first service data flow is a second QoS flow newly created by the SMF network element; or in case that each of existing one or more QoS flows is not associated with a congestion control indication, the QoS flow for transmitting the first service data flow is a second QoS flow newly created by the SMF network element.
In the same field of endeavor, Jeon teaches this limitation: see page 24, lines 17-18 a new QoS flow is established or existing QoS flow is released especially due to congestion.
However, it would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the combined system of Sun and Krishnamoorthy, so as to create a new QoS flow based on congestion indication, as taught by Jeon, in order to ensure exerting of consistent resource allocation/release related decision making for all QoS flows emanating from the same industrial device (see Jeon, page 24, lines 19-20).
Regarding Claim 8, Sun discloses the apparatus of claim 7, and teaches at paras 202-205, S330: An SMF binds the PCC rule #A to the QoS flow. The PCC rule #A may include information about a data flow #A … in other words, the PCC rule #A defines the data flow #A. The SMF may bind the PCC rule #A to a part or all of existing QoS flows that are in a PDU session, to use the bound QoS flow as a data flow/i.e., service data flow, on which congestion detection is to be performed.
Sun does not disclose details regarding creating a second or new QoS flow based on congestion, i.e., or the QoS flow for transmitting the first service data flow is a second QoS flow newly created by the SMF network element, the congestion control indication associated with the second QoS flow is the same as the first congestion control indication, and a QoS flow requirement corresponding to the second QoS flow is the same as the QoS requirement of the first service data flow.
In the same field of endeavor, Jeon teaches this limitation: see page 24, lines 17-18 a new QoS flow is established or existing QoS flow is released especially due to congestion.
However, it would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the combined system of Sun and Krishnamoorthy, so as to create a new QoS flow based on congestion indication, as taught by Jeon, in order to ensure exerting of consistent resource allocation/release related decision making for all QoS flows emanating from the same industrial device (see Jeon, page 24, lines 19-20).
Response to Arguments
Applicant's arguments filed 6/29/26 (regarding the Primary reference Sun) have been fully considered but they are not persuasive.
On page 7, the Applicant argues that: “… in Sun, the UPF notifies an AF network element of congestion through ECN flag. However, in the present application, the SMF indicates the access network device to perform congestion control through L4S indication.”
The Examiner respectfully disagrees. The above limitation (claim 12) is taught by the combination of Sun in view of Krishnamoorthy.
Sun teaches at para 82, if the SMF network element determines, according to a local policy or a PCC rule sent by a PCF network element, to establish a QoS flow, (3a) the SMF network element sends service data flow (DF) information to a UPF network element, where the SDF information includes QoS control information; (3b) the SMF network element sends a QoS profile of the QoS flow to the access network device through an access and mobility management function (AMF) network element; and (3c) the SMF network element sends a QoS rule to a terminal device through the AMF network element and the access network device, where the QoS rule includes the QoS control information/i.e., congestion control information; also at paras 165-166, the SMF network element receives the SM policy control update notify request from the PCF network element. The SM policy control update notification request includes a PCC rule or policy information related to the PDU session. The PCC rule or the policy information related to the PDU session includes indication information to indicate that the target service needs the user plane QoS notification; para 171, the indication information in the PCC rule may be used as a binding parameter for QoS flow binding.
Krishnamoorthy teaches that the congestion control indication comprises a low latency, low loss, scalable throughput (L4S) at para 46, when the RAN detects that the UE has again entered a slow-start phase (this can happen at packet losses or indications of risk packet loss, for example ECN or L4S, indications are encountered), the PCell can aggressively configure additional SCells to quickly ramp-up the UE’s bandwidth share.
Hence, the combination of Sun and Krishnamoorthy teaches “the SMF indicates the access network device to perform congestion control through L4S indication”.
Other arguments with respect to claim(s) 1, 5-12, 15, 17-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ihlar (US 20250030640 A1) teaches a method of monitoring congestion for incoming data packets and a device performing the method… FIG. 2, paras 50, information specifying a Policy and Charging Control (PCC) rule sent by the PCF to the SMF over the N7 interface… The SMF translates the PCC rule to a modified QoS (“Quality of Service”) Enhancement Rule (QER) comprising the information, in addition to comprising information specifying that ECN is to be applied.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEEPA BELUR whose telephone number is (571)270-3722. The examiner can normally be reached M-F 8 am - 4:30 pm.
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, Kevin Bates can be reached at 571-272-3980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEEPA BELUR/Primary Examiner, Art Unit 2472
Prosecution Insights