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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/11/26 has been entered.
Response to Amendment
The applicant has amended the following:
Claims: 1, 5 and 10 have been amended.
Claims: 4, 8-9 and 13 have not been amended.
Claims: 2-3, 6-7 and 11-12 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-5, 8-10 and 13 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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atarius et al. (US Patent Publication 2019/0335534 herein after referenced as Atarius).
Regarding claim 1 and claim 5, Atarius discloses:
A method performed by a policy charging entity, comprising: and A policy charging entity, comprising: one or more processors; and one or more memories storing computer program codes that, when executed by the one or more processors, cause the policy charging entity to: receiving an EPS (evolved packet system) fallback event report indicating (Atarius, Fig. 8 & [0218] discloses In some embodiments, in a twelfth communication 851 transmitted between the PGW-C+SMF 612 and the PCRF+PCF 608, after receiving a rejection from the RAN 622 for QoS flow establishment for voice service and an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing, the PGW-C+SMF 612 initiates PDU Session Modification towards the PCRF+PCF 608 to obtain the E-UTRAN PCC Rules for the PDU Sessions by invoking Nsmf_EventExposure_Notify request and providing the event that generates the notification and the event information. A type of the event is changed in the type of Access Type. Upon receipt, the PCRF+PCF 608 responds by sending Nsmf_EventExposure_Notify reply. As may be appreciated, the PGW-C+SMF 612 (i.e. reads on from a session management node) may additionally inform (i.e. reads on receiving) the PCRF+PCF 608 (i.e. reads on performed by a policy charging entity) that inter-RAT mobility (i.e. reads on EPS fallback event report indicating EPS fallback event) is ongoing in Idles state and the UE 602 is temporary not reachable; Atarius, [0003] discloses Policy Control Function “PCF”, Policy and Charging Rules Function “PCRF”, Session Management Function “SMF”; Atarius, [0051]-[0052] discloses Furthermore, the remote unit 102 may include a processor 202, a memory 204 and discloses The processor 202, in one embodiment, may include any known controller capable of executing computer-readable instructions and/or capable of performing logical operations. One of ordinary skill in the art would recognize that it is inherent for a complex device to include a processor and memory storing instructions in order to be able to perform the disclosed functionalities).
Atarius discloses in one embodiment that a PCRF+PCF receives an inter-RAT mobility EPS fallback event report from a PGW-C+SMF but fails to explicitly recite in the same embodiment, the limitations of “an Internet Protocol (IP) Multimedia Subsystem (IMS) Voice EPS Fallback event” and “and reporting an EPS fallback event indicating the IMS Voice EPS Fallback event to a call control node, according to the EPS fallback event report; wherein the EPS fallback event is reported to the call control node, in response to a subscription of the EPS fallback event by the call control node, and wherein the subscription of the EPS fallback event by the call control node is informed to the policy charging entity in an authentication and authorization request from the call control node.”
In a different embodiment, Atarius discloses:
an Internet Protocol (IP) Multimedia Subsystem (IMS) Voice EPS Fallback event (Atarius, Fig. 8 & [0205] discloses FIG. 8 illustrates EPS fallback if the UE originates the IMS voice session setup (i.e. reads on IMS Voice EPS Fallback event); Atarius, Fig. 8 & [0218] discloses In some embodiments, in a twelfth communication 851 transmitted between the PGW-C+SMF 612 and the PCRF+PCF 608, after receiving a rejection from the RAN 622 for QoS flow establishment for voice service and an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing, the PGW-C+SMF 612 initiates PDU Session Modification towards the PCRF+PCF 608 to obtain the E-UTRAN PCC Rules for the PDU Sessions by invoking Nsmf_EventExposure_Notify request and providing the event that generates the notification and the event information. A type of the event is changed in the type of Access Type. Upon receipt, the PCRF+PCF 608 responds by sending Nsmf_EventExposure_Notify reply. As may be appreciated, the PGW-C+SMF 612 may additionally inform the PCRF+PCF 608 that inter-RAT mobility (i.e. reads on EPS fallback event report indicating EPS fallback event) is ongoing in Idles state and the UE 602 is temporary not reachable; Atarius, [0036] discloses Furthermore, the described features, structures, or characteristics of the embodiments may be combined in any suitable manner).
and reporting an EPS fallback event indicating the IMS Voice EPS Fallback event to a call control node, according to the EPS fallback event report; (Atarius, [0276] discloses In various embodiments, in a twenty-seventh communication 973 transmitted from the AF+P-CSCF 522 to the UE 524, if the PCRF+PCF 518 received an indication that inter-RAT mobility (i.e. reads on according to the EPS fallback event report) is ongoing, the PCRF+PCF 518 may inform the AF+P-CSCF 522 to temporary hold-on the IMS signaling towards the UE 524 until at least the default bearer is established in the target RAT and/or system. Upon receipt the Response Confirmation as a PRACK message, the AF+P-CSCF 522 should evaluate the elapsed time initiated at the time when AF+P-CSCF 522 (i.e. reads on to a call control node) was notified (i.e. reads on reporting) that change of access technology (i.e. reads on an EPS fallback event indicating the IMS Voice EPS Fallback event) was required to this step; Atarius, [0003] discloses Proxy-Call Session Control Function “P-CSCF”; Atarius, Fig. 8 & [0205] discloses FIG. 8 illustrates EPS fallback if the UE originates the IMS voice session setup; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
wherein the EPS fallback event is reported to the call control node, in response to a subscription of the EPS fallback event by the call control node, (Atarius, [0067] discloses In embodiments described herein, network entities such as AF+P-CSCF (i.e. reads on by the call control node), PCRF+PCF, PGW-C+SMF, and AMF may subscribe (i.e. reads on in response to a subscription) to an event notification of each other. Moreover, the event notification may be used to indicate UE mobility and/or a change of radio access technology (i.e. reads on EPS fallback event). In some embodiments, a model that is used may be based on a network function consumer and a network function provider. The network function consumer subscribes to event notifications of the network function provider and the network function provider notifies (i.e. reads on is reported) the network function consumer about event notifications if any change occurs for corresponding events; Atarius, [0219] discloses In certain embodiments, in a thirteenth communication 852 transmitted between the PCRF+PCF 608 and the AF+P-CSCF 604, the AF+P-CSCF 604 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service; Atarius, [0415] discloses In various embodiments, in a nineteenth communication 1460 transmitted between the PCRF+PCF 1418 and the IMS+AF 1420, the IMS+AF 1420 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service, such as according to 3GPP TS 29.514. The PCRF+PCF 1418 notifies a PDU Session Modification by invoking a Npcf_PolicyAuthorization_Notify request to the IMS+AF 1420. Upon receipt, the IMS+AF 1420 responds by sending a Npcf_PolicyAuthorization_Notify reply. If RX, according to 3GPP TS 29.214, the IMS+AF 1420 may employ Specific-Action AVP with an AAR command with a value IP-CAN_CHANGE (6) to subscribe to IP-CAN change and RAT change notification. This value in a RAR is used by the PCF to indicate to AF that to indicate a change in the IP-CAN type or RAT type; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
and wherein the subscription of the EPS fallback event by the call control node is informed to the policy charging entity in an authentication and authorization request from the call control node (Atarius, [0415] discloses In various embodiments, in a nineteenth communication 1460 transmitted between the PCRF+PCF 1418 (i.e. reads on to the policy charging entity) and the IMS+AF 1420 (i.e. reads on by the call control node), the IMS+AF 1420 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service, such as according to 3GPP TS 29.514. The PCRF+PCF 1418 notifies a PDU Session Modification by invoking a Npcf_PolicyAuthorization_Notify request to the IMS+AF 1420. Upon receipt, the IMS+AF 1420 responds by sending a Npcf_PolicyAuthorization_Notify reply. If RX, according to 3GPP TS 29.214, the IMS+AF 1420 (i.e. reads on from the call control node) may employ Specific-Action AVP with an AAR command (i.e. reads on an authentication and authorization request) with a value IP-CAN_CHANGE (6) to subscribe to IP-CAN change and RAT change notification (i.e. reads on wherein the subscription of the EPS fallback event). This value in a RAR is used by the PCF to indicate to AF that to indicate a change in the IP-CAN type or RAT type; Atarius, [0219] discloses In certain embodiments, in a thirteenth communication 852 transmitted between the PCRF+PCF 608 and the AF+P-CSCF 604, the AF+P-CSCF 604 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service; Atarius, [0003] discloses Authorization Authentication Request “AAR”; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Atarius to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Atarius, [0036]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Atarius, [0524]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of receiving an EPS fall back report as taught by Atarius) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of receiving an EPS fall back report with additional and/or alternative features and functionalities of the other embodiments as taught by Atarius) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of receiving an EPS fall back report (i.e. as taught by Atarius) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 9, Atarius discloses:
A non-transitory computer-readable medium having computer program codes embodied thereon which, when executed by one or more processors of a policy charging entity, cause the policy charging entity to implement a method according to claim 1 (see claim 1).
Regarding claim 10, Atarius discloses:
A method, comprising:
(Atarius, Fig. 8 & [0218] discloses In some embodiments, in a twelfth communication 851 transmitted between the PGW-C+SMF 612 and the PCRF+PCF 608, after receiving a rejection from the RAN 622 for QoS flow establishment for voice service and an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing, the PGW-C+SMF 612 initiates PDU Session Modification towards the PCRF+PCF 608 to obtain the E-UTRAN PCC Rules for the PDU Sessions by invoking Nsmf_EventExposure_Notify request and providing the event that generates the notification and the event information. A type of the event is changed in the type of Access Type. Upon receipt, the PCRF+PCF 608 responds by sending Nsmf_EventExposure_Notify reply. As may be appreciated, the PGW-C+SMF 612 (i.e. reads on from the session management node) may additionally inform (i.e. reads on receiving) the PCRF+PCF 608 (i.e. reads on by the policy charging entity) that inter-RAT mobility (i.e. reads on report of the EPS fallback event) is ongoing in Idles state and the UE 602 is temporary not reachable; Atarius, [0003] discloses Policy Control Function “PCF”, Policy and Charging Rules Function “PCRF”, Session Management Function “SMF”).
Atarius discloses in one embodiment that a PCRF+PCF receives an inter-RAT mobility EPS fallback event report from a PGW-C+SMF but fails to explicitly recite in the same embodiment, the limitations of “receiving, by a session management node, an EPS (evolved packet system) fallback indicator from a mobility management node, wherein the EPS fallback indicator indicates that a fallback to an EPS for an IMS (Internet protocol multimedia subsystem) voice service is ongoing; reporting, by the session management node, an EPS fallback event indicating an Internet Protocol (IP) Multimedia Subsystem (IMS) Voice EPS Fallback event to a policy charging entity, according to the EPS fallback indicator;” and “and reporting, by the policy charging entity, the EPS fallback event indicating the IMS Voice EPS Fallback event to a call control node; wherein the EPS fallback event is reported to the call control node, in response to a subscription of the EPS fallback event by the call control node, and wherein the subscription of the EPS fallback event by the call control node is informed to the policy charging entity in an authentication and authorization request from the call control node.”
In a different embodiment, Atarius discloses:
receiving, by a session management node, an EPS (evolved packet system) fallback indicator from a mobility management node, wherein the EPS fallback indicator indicates that a fallback to an EPS for an IMS (Internet protocol multimedia subsystem) voice service is ongoing; reporting, by the session management node, an EPS fallback event indicating an Internet Protocol (IP) Multimedia Subsystem (IMS) Voice EPS Fallback event to a policy charging entity, according to the EPS fallback indicator; (Atarius, [0217]-[0218] discloses In various embodiments, in an eleventh communication 850 transmitted between the AMF 618 and the PGW-C+SMF 612, if received in step 848, the AMF 618 forwards the N2 SM information container to the PGW-C+SMF 612. The AMF 618 (i.e. reads on from a mobility management node) may also provide (i.e. reads on receiving) the reason for the rejection of the PGW-C+SMF 612 (i.e. reads on by a session management node) e.g., Idle state inter-RAT mobility (i.e. reads on an EPS fallback indicator). Such an indication (i.e. reads on according to the EPS fallback indicator) can be a trigger for the PGW-C+SMF 612 (i.e. reads on by the session management node) that a specific indication is needed towards (i.e. reads on reporting) the PCRF+PCF 608 (i.e. reads on to a policy charging entity) to indicate that the UE 602 is temporary not reachable and discloses In some embodiments, in a twelfth communication 851 transmitted between the PGW-C+SMF 612 and the PCRF+PCF 608, after receiving a rejection from the RAN 622 for QoS flow establishment for voice service and an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing, the PGW-C+SMF 612 initiates PDU Session Modification towards the PCRF+PCF 608 to obtain the E-UTRAN PCC Rules for the PDU Sessions by invoking Nsmf_EventExposure_Notify request and providing the event that generates the notification and the event information. A type of the event is changed in the type of Access Type. Upon receipt, the PCRF+PCF 608 responds by sending Nsmf_EventExposure_Notify reply. As may be appreciated, the PGW-C+SMF 612 may additionally inform the PCRF+PCF 608 (i.e. reads on by the policy charging entity) that inter-RAT mobility (i.e. reads on report an EPS fallback event indicating an IMS Voice EPS Fallback event) is ongoing in Idles state and the UE 602 is temporary not reachable; Atarius, Fig. 8 & [0205] discloses FIG. 8 illustrates EPS fallback if the UE originates the IMS voice session setup (i.e. reads on IMS Voice EPS Fallback event); Atarius, [0003] discloses Access and Mobility Management Function “AMF”, Policy Control Function “PCF”, Policy and Charging Rules Function “PCRF”, Session Management Function “SMF”).
and reporting, by the policy charging entity, the EPS fallback event indicating the IMS Voice EPS Fallback event to a call control node; (Atarius, [0276] discloses In various embodiments, in a twenty-seventh communication 973 transmitted from the AF+P-CSCF 522 to the UE 524, if the PCRF+PCF 518 received an indication that inter-RAT mobility is ongoing, the PCRF+PCF 518 (i.e. reads on by the policy charging entity) may inform the AF+P-CSCF 522 to temporary hold-on the IMS signaling towards the UE 524 until at least the default bearer is established in the target RAT and/or system. Upon receipt the Response Confirmation as a PRACK message, the AF+P-CSCF 522 should evaluate the elapsed time initiated at the time when AF+P-CSCF 522 (i.e. reads on to a call control node) was notified (i.e. reads on reporting) that change of access technology (i.e. reads on an EPS fallback event indicating the IMS Voice EPS Fallback event) was required to this step; Atarius, [0003] discloses Policy Control Function “PCF”, Policy and Charging Rules Function “PCRF”, Proxy-Call Session Control Function “P-CSCF”; Atarius, Fig. 8 & [0205] discloses FIG. 8 illustrates EPS fallback if the UE originates the IMS voice session setup; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
wherein the EPS fallback event is reported to the call control node, in response to a subscription of the EPS fallback event by the call control node, (Atarius, [0067] discloses In embodiments described herein, network entities such as AF+P-CSCF (i.e. reads on by the call control node), PCRF+PCF, PGW-C+SMF, and AMF may subscribe (i.e. reads on in response to a subscription) to an event notification of each other. Moreover, the event notification may be used to indicate UE mobility and/or a change of radio access technology (i.e. reads on EPS fallback event). In some embodiments, a model that is used may be based on a network function consumer and a network function provider. The network function consumer subscribes to event notifications of the network function provider and the network function provider notifies (i.e. reads on is reported) the network function consumer about event notifications if any change occurs for corresponding events; Atarius, [0219] discloses In certain embodiments, in a thirteenth communication 852 transmitted between the PCRF+PCF 608 and the AF+P-CSCF 604, the AF+P-CSCF 604 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service; Atarius, [0415] discloses In various embodiments, in a nineteenth communication 1460 transmitted between the PCRF+PCF 1418 and the IMS+AF 1420, the IMS+AF 1420 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service, such as according to 3GPP TS 29.514. The PCRF+PCF 1418 notifies a PDU Session Modification by invoking a Npcf_PolicyAuthorization_Notify request to the IMS+AF 1420. Upon receipt, the IMS+AF 1420 responds by sending a Npcf_PolicyAuthorization_Notify reply. If RX, according to 3GPP TS 29.214, the IMS+AF 1420 may employ Specific-Action AVP with an AAR command with a value IP-CAN_CHANGE (6) to subscribe to IP-CAN change and RAT change notification. This value in a RAR is used by the PCF to indicate to AF that to indicate a change in the IP-CAN type or RAT type; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
and wherein the subscription of the EPS fallback event by the call control node is informed to the policy charging entity in an authentication and authorization request from the call control node (Atarius, [0415] discloses In various embodiments, in a nineteenth communication 1460 transmitted between the PCRF+PCF 1418 (i.e. reads on to the policy charging entity) and the IMS+AF 1420 (i.e. reads on by the call control node), the IMS+AF 1420 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service, such as according to 3GPP TS 29.514. The PCRF+PCF 1418 notifies a PDU Session Modification by invoking a Npcf_PolicyAuthorization_Notify request to the IMS+AF 1420. Upon receipt, the IMS+AF 1420 responds by sending a Npcf_PolicyAuthorization_Notify reply. If RX, according to 3GPP TS 29.214, the IMS+AF 1420 (i.e. reads on from the call control node) may employ Specific-Action AVP with an AAR command (i.e. reads on an authentication and authorization request) with a value IP-CAN_CHANGE (6) to subscribe to IP-CAN change and RAT change notification (i.e. reads on wherein the subscription of the EPS fallback event). This value in a RAR is used by the PCF to indicate to AF that to indicate a change in the IP-CAN type or RAT type; Atarius, [0219] discloses In certain embodiments, in a thirteenth communication 852 transmitted between the PCRF+PCF 608 and the AF+P-CSCF 604, the AF+P-CSCF 604 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service; Atarius, [0003] discloses Authorization Authentication Request “AAR”; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Atarius to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Atarius, [0036]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Atarius, [0524]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of receiving an EPS fall back report as taught by Atarius) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of receiving an EPS fall back report with additional and/or alternative features and functionalities of the other embodiments as taught by Atarius) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of receiving an EPS fall back report (i.e. as taught by Atarius) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Claim(s) 4, 8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atarius et al. (US Patent Publication 2019/0335534 herein after referenced as Atarius) in view of NPL Document “3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Policy and Charging over Rx reference point (Release 15)” (3GPP TS 29.214 V15.2.0 (2017-12) herein after referenced as 3GPP).
Regarding claim 4 and claim 13, Atarius discloses:
The method according to claim 1, (see claim 1) and The method according to claim 10 (see claim 10).
wherein the EPS fallback event is reported to the call control node (Atarius, [0415] discloses In various embodiments, in a nineteenth communication 1460 transmitted between the PCRF+PCF 1418 and the IMS+AF 1420, the IMS+AF 1420 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service, such as according to 3GPP TS 29.514. The PCRF+PCF 1418 notifies a PDU Session Modification by invoking a Npcf_PolicyAuthorization_Notify request to the IMS+AF 1420. Upon receipt, the IMS+AF 1420 responds by sending a Npcf_PolicyAuthorization_Notify reply. If RX, according to 3GPP TS 29.214, the IMS+AF 1420 may employ Specific-Action AVP with an AAR command with a value IP-CAN_CHANGE (6) to subscribe to IP-CAN change and RAT change notification. This value in a RAR is used by the PCF to indicate to AF that to indicate a change in the IP-CAN type or RAT type; Atarius, [0003] discloses Random Access Response “RAR”; Atarius, [0219] discloses In certain embodiments, in a thirteenth communication 852 transmitted between the PCRF+PCF 608 and the AF+P-CSCF 604, the AF+P-CSCF 604 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
Atarius discloses the use of a 3GPP TS 29.214 standard where an EPS fallback event as an inter-RAT mobility or a change in RAT type wherein the change in RAT type is sent via a RAR but fails to explicitly recite that RAR corresponds to a re-authentication request and therefore fails to disclose “wherein the EPS fallback event is reported to the call control node in a re-authentication request from the policy charging entity.”
In a related field of endeavor, 3GPP discloses:
wherein the EPS fallback event is reported to the call control node in a re-authentication request from the policy charging entity (3GPP Page 35, Lines 9-14 discloses This value shall be used in RAR command by the PCRF to indicate a change in the IP-CAN type or RAT type if applicable. When used in an AAR command, this value indicates that the AF is requesting subscription to IPCAN change and RAT change notification. When used in RAR it indicates that the PCRF generated the request because of an IP-CAN or RAT change. IP-CAN-Type AVP, RAT-Type AVP if applicable, AN-Trusted AVP if applicable and AN-GW-Address AVP if applicable shall be provided in the same request with the new/valid value(s); 3GPP Page 57, Lines 3-5 discloses 5.6.3 Re-Auth-Request RAR command The RAR command, indicated by the Command-Code field set to 258 and the 'R' bit set in the Command Flags field, is sent by the PCRF to the AF in order to indicate an Rx specific action).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Atarius to incorporate the teachings of 3GPP for the purpose of providing the system with a means to conform to the teachings of a known standard (Atarius, [0415]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Atarius, [0524]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an transmitting a RAT change report via a RAR command as taught by Atarius) with another known element and comparable device utilizing a known technique (i.e. performing a process of an transmitting a RAT change report via a RAR command as taught, wherein the RAR command indicates a re-auth request command by 3GPP) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an transmitting a RAT change report via a RAR command (i.e. as taught by Atarius & 3GPP) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 8, Atarius discloses:
The policy charging entity according to claim 5, (see claim 5).
wherein the policy charging entity is configured to report the EPS fallback event to the call control node (Atarius, [0415] discloses In various embodiments, in a nineteenth communication 1460 transmitted between the PCRF+PCF 1418 and the IMS+AF 1420, the IMS+AF 1420 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service, such as according to 3GPP TS 29.514. The PCRF+PCF 1418 notifies a PDU Session Modification by invoking a Npcf_PolicyAuthorization_Notify request to the IMS+AF 1420. Upon receipt, the IMS+AF 1420 responds by sending a Npcf_PolicyAuthorization_Notify reply. If RX, according to 3GPP TS 29.214, the IMS+AF 1420 may employ Specific-Action AVP with an AAR command with a value IP-CAN_CHANGE (6) to subscribe to IP-CAN change and RAT change notification. This value in a RAR is used by the PCF to indicate to AF that to indicate a change in the IP-CAN type or RAT type; Atarius, [0003] discloses Random Access Response “RAR”; Atarius, [0219] discloses In certain embodiments, in a thirteenth communication 852 transmitted between the PCRF+PCF 608 and the AF+P-CSCF 604, the AF+P-CSCF 604 may subscribe to the radio access type change by employing Npcf_PolicyAuthorization_Subscribe service; Atarius, Fig. 8 & [0218] discloses an indication indicating that inter-RAT mobility e.g., EPS fallback in Idle state is ongoing).
Atarius discloses the use of a 3GPP TS 29.214 standard where an EPS fallback event as an inter-RAT mobility or a change in RAT type wherein the change in RAT type is sent via a RAR but fails to explicitly recite that RAR corresponds to a re-authentication request and therefore fails to disclose “wherein the policy charging entity is configured to report the EPS fallback event to the call control node in a re-authentication request.”
In a related field of endeavor, 3GPP discloses:
wherein the policy charging entity is configured to report the EPS fallback event to the call control node in a re-authentication request (3GPP Page 35, Lines 9-14 discloses This value shall be used in RAR command by the PCRF to indicate a change in the IP-CAN type or RAT type if applicable. When used in an AAR command, this value indicates that the AF is requesting subscription to IPCAN change and RAT change notification. When used in RAR it indicates that the PCRF generated the request because of an IP-CAN or RAT change. IP-CAN-Type AVP, RAT-Type AVP if applicable, AN-Trusted AVP if applicable and AN-GW-Address AVP if applicable shall be provided in the same request with the new/valid value(s); 3GPP Page 57, Lines 3-5 discloses 5.6.3 Re-Auth-Request RAR command The RAR command, indicated by the Command-Code field set to 258 and the 'R' bit set in the Command Flags field, is sent by the PCRF to the AF in order to indicate an Rx specific action).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Atarius to incorporate the teachings of 3GPP for the purpose of providing the system with a means to conform to the teachings of a known standard (Atarius, [0415]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Atarius, [0524]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an transmitting a RAT change report via a RAR command as taught by Atarius) with another known element and comparable device utilizing a known technique (i.e. performing a process of an transmitting a RAT change report via a RAR command as taught, wherein the RAR command indicates a re-auth request command by 3GPP) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an transmitting a RAT change report via a RAR command (i.e. as taught by Atarius & 3GPP) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Conclusion
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/MICHAEL Y MAPA/Primary Examiner, Art Unit 2645
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