Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1, 7, and 11 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.
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.
Claims 1, 5-7, 9-13, 15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. US 20190110194 A1 (Domestic Priority June 1, 2016) in view of Guo et al. US 20160226764 A1 (Domestic Priority September 23, 2013).
Regarding claim 1 (Currently Amended), Zhu discloses a communication device for a mobile network control plane node to establish a connection (see, control plane communication with node, section 0027), comprising: a processor, and a transceiver connected to the processor (see, security node includes a memory and a processor, where the memory stores code and data, the processor can run the code in the memory, and the processor is configured to perform the network connection, section 0058), wherein the transceiver is configured to: receive a first request message from a terminal (see, terminal receives the first connection parameter for attach process or connection establishment process, section 0094); and send a second request message to at least one node (see, security node receives the second connection parameter for attach process or connection establishment process, section 0094), the second request message being configured to request for establishment of a first connection between the at least one node and the terminal (see, network control element establishes the network connection between the terminal and the security node, section 0102), wherein data transmitted on the first connection are processed by a data processor of at least one of the at least one node or the terminal (see, processor runs code in the memory, to enable the network element to be configured to send a first connection parameter to a terminal and send a second connection parameter to a security node, sections 0170-0172), wherein information carried in the first request message is for use by the mobile network control plane node to determine information to be carried in the second request message.
Zhu discloses all claim limitations but fail to explicitly disclose: wherein information carried in the first request message is for use by the mobile network control plane node to determine information to be carried in the second request message.
However Guo from a similar field of endeavor disclose: wherein information carried in the first request message is for use by the mobile network control plane node (see, the first request message is sent by the first MTC-IWF entity after the first MTC-IWF entity receives first control plane signaling from a first mobility management entity, section 0163 Guo) to determine information to be carried in the second request message (see, sending the second request message to the second MTC-IWF entity according to the first request message, section 0122 Guo).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the device of Zhu and with the request messages of Guo. The motivation would have been to improve mobile network communications methods.
Regarding claim 5 (Original), Zhu discloses the communication device of claim 1, wherein the transceiver is further configured to: send a first response message in response to the first request message to the terminal (see, first connection request to the security node and first response message from the security node to the terminal, sections 0012-0014).
Regarding claim 6 (Original), Zhu discloses the communication device of claim 1, wherein the at least one node comprises at least one of: a mobile network access node (see, local base station is an access device, that is, a device for the terminal to access the local network, section 0073), a mobile network user plane node (see, Control plane communication can be directly performed between the security node and the gateway device, section 0110), or an application server (see, network control element is an authentication, authorization, and accounting server, section 0044).
Regarding claim 7 (Currently Amended), Zhu discloses a communication device for a terminal to establish a connection (see, terminal receives the first connection parameter for attach process or connection establishment process, section 0094), comprising: a processor, and a transceiver connected to the processor (see, security node includes a memory and a processor, where the memory stores code and data, the processor can run the code in the memory, and the processor is configured to perform the network connection, section 0058), wherein the transceiver is configured to send a first request message to a mobile network control plane node (see, terminal may first send the attach request or the connection request to a network element of a local network where the network architecture is of a mobile network, section 0103), wherein the first request message is configured to trigger the mobile network control plane node to send a second request message to at least one node (see, security node receives the second connection parameter for attach process or connection establishment process, section 0094), the second request message being configured to request for establishment of a first connection between the at least one node and the terminal (see, network control element establishes the network connection between the terminal and the security node, section 0102), wherein data transmitted on the first connection are processed by a data processor of at least one of the at least one node or the terminal (see, processor runs code in the memory, to enable the network element to be configured to send a first connection parameter to a terminal and send a second connection parameter to a security node, sections 0170-0172), wherein information carried in the first request message is for use by the mobile network control plane node to determine information to be carried in the second request message.
Zhu discloses all claim limitations but fail to explicitly disclose: wherein information carried in the first request message is for use by the mobile network control plane node to determine information to be carried in the second request message.
However Guo from a similar field of endeavor disclose: wherein information carried in the first request message is for use by the mobile network control plane node (see, the first request message is sent by the first MTC-IWF entity after the first MTC-IWF entity receives first control plane signaling from a first mobility management entity, section 0163 Guo) to determine information to be carried in the second request message (see, sending the second request message to the second MTC-IWF entity according to the first request message, section 0122 Guo).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the device of Zhu and with the request messages of Guo. The motivation would have been to improve mobile network communications methods.
Regarding claim 9 (Original), Zhu discloses the communication device of claim 7, wherein the transceiver is further configured to: receive a first response message in response to the first request message from the mobile network control plane node (see, first connection request to the security node and first response message from the security node to the terminal, sections 0012-0014).
Regarding claim 10 (Original), Zhu discloses the communication device of claim 7, wherein the at least one node comprises at least one of: a mobile network access node (see, local base station is an access device, that is, a device for the terminal to access the local network, section 0073), a mobile network user plane node (see, Control plane communication can be directly performed between the security node and the gateway device, section 0110), or an application server (see, network control element is an authentication, authorization, and accounting server, section 0044).
Regarding claim 11 (Currently Amended), Zhu discloses a communication device for a first node to transmit data, comprising: a data processor, and a transceiver connected to the processor (see, security node includes a memory and a processor, where the memory stores code and data, the processor can run the code in the memory, and the processor is configured to perform the network connection, section 0058), wherein the data processor is configured to receive first data (see, network control element sends the first connection parameter to the terminal, section 0080) and process the first data to obtain second data (see, first connection parameter is used for decrypting data encrypted by using the second connection parameter, section 0087); and the transceiver is configured to send the second data to a second node (see, security node sends a second connection request including a part or all of content of the subscription data to the gateway device, section 0116), wherein when the first node is a terminal (see, the terminal may be a mobile phone, a tablet computer, a notebook computer, a computer, a netbook, or the like, section 0070), the transceiver is configured to send a first request message to a mobile network control plane node (see, control plane communication can be directly performed between the security node and the gateway device, section 0109), wherein the first request message is configured to trigger the mobile network control plane node to send a second request message to at least one node (see, security node receives the second connection parameter for attach process or connection establishment process, section 0094), the second request message being configured to request for establishment of a first connection between the at least one node and the terminal (see, network control element establishes the network connection between the terminal and the security node, section 0102), wherein data transmitted on the first connection are processed by a data processor of at least one of the at least one node or the terminal (see, processor runs code in the memory, to enable the network element to be configured to send a first connection parameter to a terminal and send a second connection parameter to a security node, sections 0170-0172), wherein information carried in the first request message is for use by the mobile network control plane node to determine information to be carried in the second request message.
Zhu discloses all claim limitations but fail to explicitly disclose: wherein information carried in the first request message is for use by the mobile network control plane node to determine information to be carried in the second request message.
However Guo from a similar field of endeavor disclose: wherein information carried in the first request message is for use by the mobile network control plane node (see, the first request message is sent by the first MTC-IWF entity after the first MTC-IWF entity receives first control plane signaling from a first mobility management entity, section 0163 Guo) to determine information to be carried in the second request message (see, sending the second request message to the second MTC-IWF entity according to the first request message, section 0122 Guo).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the device of Zhu and with the request messages of Guo. The motivation would have been to improve mobile network communications methods.
Regarding claim 12 (Currently Amended), Zhu discloses the communication device of claim 11, wherein the data processor of the first node is configured to receive the first data from an application layer or an operating system (OS) layer of the terminal (see, application processor mainly processes an operating system, section 0164), and the transceiver is configured to send the second data to a mobile network access node (see, network control element sends the second connection parameter to the security node, section 0181; noted, local base station is an access device, that is, a device for the terminal to access the local network, section 0073) or a mobile network user plane node (see, network control element sends the second connection parameter to the security node, section 0181; noted, Control plane communication can be directly performed between the security node and the gateway device, section 0110).
Regarding claim 13 (Currently Amended), Zhu discloses the communication device of claim 11, wherein when the first node is a mobile network access node, the data processor of the first node is configured to receive the first data from a terminal, and the transceiver is configured to send the second data to a mobile network user plane node (see, network control element sends the second connection parameter to the security node, section 0181; noted, Control plane communication can be directly performed between the security node and the gateway device, section 0110).
Regarding claim 15 (Currently Amended), Zhu discloses the communication device of claim 11, wherein when the first node is a mobile network access node, the data processor of the first node is configured to receive the first data from a mobile network user plane node (see, network control element establishing a connection by sending a first connection parameter to a terminal, section 0008), and the transceiver is configured to send the second data to a terminal (see, receiving, by the network control element, an attach request or a connection request sent by the terminal, section 0036; noted, network control element as a server, section 0043).
Regarding claim 17 (Currently Amended), Zhu discloses the communication device of claim 11, wherein when the first node is a mobile network user plane node, the data processor of the first node is configured to receive the first data from a mobile network access node or a terminal (see, network control element establishing a connection by sending a first connection parameter to a terminal, section 0008), and the transceiver is configured to send the second data to an application server (see, receiving, by the network control element, an attach request or a connection request sent by the terminal, section 0036; noted, network control element as a server, section 0043).
Regarding claim 19 (Currently Amended), Zhu discloses the communication device of claim 11, wherein when the first node is a mobile network user plane node, the data processor of the first node is configured to receive the first data from an application server (see, network control element establishing a connection by sending a first connection parameter to a terminal, section 0008), and the transceiver is configured to send the second data to a mobile network access node or a terminal (see, receiving, by the network control element, an attach request or a connection request sent by the terminal, section 0036; noted, network control element as a server, section 0043).
Claims 2, 4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. US 20190110194 A1 (Domestic Priority June 1, 2016) in view of Guo et al. US 20160226764 A1 (Domestic Priority September 23, 2013), and in further view of Lee et al. US 20160127897 A1 (Domestic Priority October 29, 2014).
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 2 (Original), the communication device of claim 1, wherein the first request message carries at least one of: an application identifier, for use by the data processor to identify data of a specific application; key information, for use by the data processor to perform at least one of decryption or integrity protection check on received data, and for use by the data processor to perform at least one of encryption or integrity protection on data to be sent; an operation identifier, for use by the data processor to perform at least one of followings: identifying specific data of the specific application, or determining a data processing policy; or a capacity parameter, for indicating a data processing capacity of the terminal.
However Lee from a similar field of endeavor disclose: the communication device of claim 1, wherein the first request message carries at least one of: an application identifier, for use by the data processor to identify data of a specific application (see, processing circuit/function/module may be one or more processors that are adapted to process data for the device, section 0225 Lee); key information, for use by the data processor to perform at least one of decryption or integrity protection check on received data (see, processing circuit/function/module may include an encryption/decryption/authentication circuit, function, or module configured to perform encryption/decryption/authentication of user-plane data traffic using a shared key, section 0224 Lee), and for use by the data processor to perform at least one of encryption or integrity protection on data to be sent (see, processing circuit/function/module may include an encryption/decryption/authentication circuit, function, or module configured to perform encryption/decryption/authentication of user-plane data traffic using a shared key, section 0224 Lee); an operation identifier, for use by the data processor (see, processing circuit/function/module determining that a command is in the access list, section 0225 Lee) to perform at least one of followings: identifying specific data of the specific application (see, processing circuit/function/module may be a specialized processor that process data, section 0225 Lee), or determining a data processing policy (see, packet data network (PDN) gateway (P-GW) as a point of network policy enforcement to the packet data network, section 0100 Lee); or a capacity parameter, for indicating a data processing capacity of the terminal (see, integrity protection to messages being used to prevent lack of bandwidth, sections 0135-0136).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the encryption of Lee. The motivation would have been to improve the system for protecting user-plane messaging in a wireless communications system.
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 4 (Original), the communication device of claim 1, wherein the second request message carries at least one of: an application identifier, for use by the data processor to identify data of a specific application; key information, for use by the data processor to perform at least one of decryption or integrity protection check on received data, and for use by the data processor to perform at least one of encryption or integrity protection on data to be sent; or an operation identifier, for use by the data processor to perform at least one of followings: identifying specific data of the specific application, or determining a data processing policy.
However Lee from a similar field of endeavor disclose: the communication device of claim 1, wherein the second request message carries at least one of: an application identifier, for use by the data processor to identify data of a specific application (see, processing circuit/function/module may be one or more processors that are adapted to process data for the device, section 0225 Lee); key information, for use by the data processor to perform at least one of decryption or integrity protection check on received data (see, processing circuit/function/module may include an encryption/decryption/authentication circuit, function, or module configured to perform encryption/decryption/authentication of user-plane data traffic using a shared key, section 0224 Lee), and for use by the data processor to perform at least one of encryption or integrity protection on data to be sent (see, processing circuit/function/module may include an encryption/decryption/authentication circuit, function, or module configured to perform encryption/decryption/authentication of user-plane data traffic using a shared key, section 0224 Lee); or an operation identifier, for use by the data processor (see, processing circuit/function/module determining that a command is in the access list, section 0225 Lee) to perform at least one of followings: identifying specific data of the specific application (see, processing circuit/function/module may be a specialized processor that process data, section 0225 Lee), or determining a data processing policy (see, packet data network (PDN) gateway (P-GW) as a point of network policy enforcement to the packet data network, section 0100 Lee).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the encryption of Lee. The motivation would have been to improve the system for protecting user-plane messaging in a wireless communications system.
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 8 (Original), the communication device of claim 7, wherein the first request message carries at least one of: an application identifier, for use by the data processor to identify data of a specific application; key information, for use by the data processor to perform at least one of decryption or integrity protection check on received data, and for use by the data processor to perform at least one of encryption or integrity protection on data to be sent; an operation identifier, for use by the data processor to perform at least one of followings: identifying specific data of the specific application, or determining a data processing policy; or a capacity parameter indicating a data processing capacity of the terminal.
However Lee from a similar field of endeavor disclose: the communication device of claim 7, wherein the first request message carries at least one of: an application identifier, for use by the data processor to identify data of a specific application (see, processing circuit/function/module may be one or more processors that are adapted to process data for the device, section 0225 Lee); key information, for use by the data processor to perform at least one of decryption or integrity protection check on received data (see, processing circuit/function/module may include an encryption/decryption/authentication circuit, function, or module configured to perform encryption/decryption/authentication of user-plane data traffic using a shared key, section 0224 Lee), and for use by the data processor to perform at least one of encryption or integrity protection on data to be sent (see, processing circuit/function/module may include an encryption/decryption/authentication circuit, function, or module configured to perform encryption/decryption/authentication of user-plane data traffic using a shared key, section 0224 Lee); an operation identifier, for use by the data processor (see, processing circuit/function/module determining that a command is in the access list, section 0225 Lee) to perform at least one of followings: identifying specific data of the specific application (see, processing circuit/function/module may be a specialized processor that process data, section 0225 Lee), or determining a data processing policy (see, packet data network (PDN) gateway (P-GW) as a point of network policy enforcement to the packet data network, section 0100 Lee); or a capacity parameter indicating a data processing capacity of the terminal (see, integrity protection to messages being used to prevent lack of bandwidth, sections 0135-0136).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the encryption of Lee. The motivation would have been to improve the system for protecting user-plane messaging in a wireless communications system.
Claims 14, 16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. US 20190110194 A1 (Domestic Priority June 1, 2016) in view of Guo et al. US 20160226764 A1 (Domestic Priority September 23, 2013), and in further view of Kim et al. US 20220150693 A1 (Foreign Priority November 11, 2020).
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 14 (Original), the communication device of claim 7, wherein the at least one node comprises at least one of: a mobile network access node, a mobile network user plane node, or an application server.
However Lee from a similar field of endeavor disclose: the communication device of claim 13, wherein the first data are obtained by processing third data by a data processor of the terminal (see, third data that is concatenated and transmitted as PDCP serial number 1 can be detected as duplicate data for a PDCP layer device, section 0119 Kim).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the third data of Kim. The motivation would have been to improve data processing.
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 16 (Original), the communication device of claim 15, wherein the first data are obtained by processing third data by a data processor of the mobile network user plane node.
However Lee from a similar field of endeavor disclose: the communication device of claim 15, wherein the first data are obtained by processing third data by a data processor of the mobile network user plane node (see, third data that is concatenated and transmitted as PDCP serial number 1 can be detected as duplicate data for a PDCP layer device, section 0119 Kim).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the third data of Kim. The motivation would have been to improve data processing.
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 18 (Original), the communication device of claim 17, wherein the first data are obtained by processing third data by a data processor of the mobile network access node or the terminal.
However Lee from a similar field of endeavor disclose: the communication device of claim 17, wherein the first data are obtained by processing third data by a data processor of the mobile network access node or the terminal (see, third data that is concatenated and transmitted as PDCP serial number 1 can be detected as duplicate data for a PDCP layer device, section 0119 Kim).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the third data of Kim. The motivation would have been to improve data processing.
The combination of Zhu and Guo discloses all claim limitations but fail to explicitly disclose: Regarding claim 20 (Currently Amended), the communication device of claim 11, wherein a protocol layer corresponding to the data processor is a data processing layer, the data processing layer is located above a service data adaptation protocol (SDAP) layer, or a function of the data processing layer is implemented by a first protocol layer, the first protocol layer being the SDAP layer or a protocol layer below the SDAP layer.
However Lee from a similar field of endeavor disclose: the communication device of claim 11, wherein a protocol layer corresponding to the data processor is a data processing layer, the data processing layer is located above a service data adaptation protocol (SDAP) layer (see, data concatenation procedure is performed in the SDAP layer device, section 0115 Kim; noted, data processing speed because data processing can be performed sequentially and quickly using new fields and the processed data can be directly transferred to the upper layer, section 0265 Kim), or a function of the data processing layer is implemented by a first protocol layer (see, pieces of data are received first from an upper layer device, section 0276 Kim; noted, data processing; noted, an upper layer device as SDAP layer device, section 0260 Kim), the first protocol layer being the SDAP layer (see, pieces of data are received first from an upper layer device, section 0276 Kim; noted, data processing; noted, an upper layer device as SDAP layer device, section 0260 Kim) or a protocol layer below the SDAP layer (see, data processing can be performed sequentially and quickly using new fields and the processed data can be directly transferred to the upper layer, section 0265 Kim; noted, an upper layer device can be a PDCP layer device, an SDAP layer device, or a new layer device, section 0083 Kim).
In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Zhu and Guo and with the SDAP of Kim. The motivation would have been to improve data processing.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK YIPAO PEI whose telephone number is (703)756-1890. The examiner can normally be reached Monday - Friday 9:30 AM to 5:30 PM ET.
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, Kwang Yao can be reached at (571) 272-3182. 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.
/PATRICK YIPAO PEI/Examiner, Art Unit 2473
/KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473
Prosecution Insights