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 Amendment
The amendment filed on 09-09-2026 has been entered and considered.
Claims 1-20 are pending in the current application.
Claims 1-6, and 9-20 remain rejected as discussed below.
Claims 7-8 are objected to as previously indicated.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
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.
Claims 1, 3-6, 9, 13 and 15-18 are are rejected under 35 U.S.C. 103 as being unpatentable over LG in view of LG (Support of DualSteer Device management using Primary/Secondary SUPI and DualSteer PDU session using separate PDU sessions) in view of Lin et al (EP 4207876A1). Hereinafter referred to as LG and Lin.
Regarding claims 1 and 13. LG discloses a method performed by a wireless transmit/receive unit (WTRU) comprising a first mobile termination (MT) and a second MT (see at least figure 6.1.X.1.4-1), wherein the first MT and second MT are each in a protocol data unit (PDU) session with a network (see at least section 6.1.X.1.4), the method comprising: identifying a condition affecting the PDU session of the second MT; and in response to identifying the condition (see at least section 6.1.X.1.6): releasing the PDU session of the second MT; selecting, using the second MT, a new network; and requesting, using the second MT, a PDU session with the new network (see at least sections 6.1.X.2.2 and 6.1.X.2.3).
LG discloses all the limitations of the claimed invention with the exception that the requested PDU session is a new PDU session. However, Lin, from the same field of endeavor, teaches releasing a PDU session and establishing a new PDU (see at least abstract). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Lin, as indicated, into the communication method of LG for the purpose complying with network requirements and maintaining connectivity.
Regarding claims 3 and 15. LG in view of Lin discloses a method wherein the first MT maintains its PDU session while the second MT releases its PDU session and selects the new network (see at least sections 6.1.X.2.2 and 6.1.X.2.3).
Regarding claim 4 and 16, LG in view of Lin discloses a method wherein the first MT is in its PDU session with a first network; the second MT is in its PDU session with the first network; and the condition affects the PDU sessions of both the first MT and the second MT (see at least sections 6.1.X.2.2, 6.1.X.2.3 and 6.1.X.3: UE).
Regarding claims 5 and 17, LG in view of Lin discloses a method further comprising establishing, using the second MT, a PDU session with the new network; and after the second MT establishes the PDU session with the new network, releasing the PDU session of the first MT (see at least sections 6.1.X.2.2 and 6.1.X.2.3).
Regarding claim 6, LG in view of Lin discloses a method further comprising selecting the second MT to release its PDU session based on a condition (see at least sections 6.1.X.2.2 and 6.1.X.2.3).
Regarding claims 9 and 18, LG in view of Lin discloses a method wherein the first MT is in its PDU session with a first network; the second MT is in its PDU session with a second network different than the first network (see at least section 6.1.X.1.6).
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over LG in view of Lin and further in view of Tan et al (US 2024/0205778, hereinafter referred to as Tan).
Regarding claims 2 and 14, LG in view of Lin discloses all the limitations of the claimed invention with the exception that the condition comprises one of: a quality of service metric being below a threshold; or a prediction the MT may lose coverage. However, Tan, from a similar field of endeavor, teaches the condition comprises one of: a quality of service metric being below a threshold; or a prediction the MT may lose coverage (see at least abstract and paragraphs [0035], and [0054]-[0057]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Tan, as indicated, into the communication method of LG in view of Lin for the purpose of guaranteeing a QOS.
Claims 10-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over LG in view of Lin and further in view of Agarwal et al (CN 117223327, hereinafter referred to as Agarwal)
Regarding claims 10 and 19, LG in view of Lin discloses all the limitations of the claimed invention with the exception of in response to identifying the condition, requesting, by the second MT, traffic of the second MT to be moved to the first MT; and in response to the second MT receiving an acknowledgement that the request to move the traffic of the second MT is accepted, performing the releasing of the PDU session of the second MT. However, Agarwal, from a the same field of endeavor, teaches in response to identifying the condition, requesting, by the second MT, traffic of the second MT to be moved to the first MT; and in response to the second MT receiving an acknowledgement that the request to move the traffic of the second MT is accepted, performing the releasing of the PDU session of the second MT (In one embodiment, detecting, by the UE, a trigger criterion satisfying the 5G data session handover to the second SIM based on the network broadcast parameter includes: the bad network performance of the first SIM is identified by the UE; the UE estimates that the second SIM can continue the 5G data session with the optimal network performance based on the network broadcast parameter; and when the second SIM is estimated to be able to continue the 5G data session with the optimal network performance, the UE detects a trigger standard satisfying the 5G data session handover.). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching Agarwal, as indicated, into the communication method of LG in view of Lin for the purpose of maintain data delivery and avoid service interruption
Regarding claims 11 and 20. LG in view of Lin in view of Agarwal discloses a method further comprising establishing, using the second MT, a PDU session with the new network; and after the second MT establishes the PDU session with the new network, requesting, by the second MT, to move the traffic back to the second MT (see at least section 6.1.x.1.6: the UE2 would re-establish normal operations whenever permitted based on configuration.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over LG in view of Lin and further in view of Wang et al (US 2023/0189191, hereinafter referred to as Wang).
Regarding claim 12, LG in view of Lin discloses all the limitations of the claimed invention with the exception of in response to identifying the condition, requesting, by the second MT, traffic of the second MT to be put on one of hold or standby. However, Wang, from the same field of endeavor, teaches in response to identifying the condition, requesting, by the second MT, traffic of the second MT to be put on one of hold or standby (see at least paragraph [0096]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Wang, as indicated, into the communication method of LG in view of Lin for the purpose of steering data flows.
Allowable Subject Matter
Claims 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-6, and 9-20 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. See PTO_892.
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.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
When responding to this office action, applicants are advised to clearly point out the patentable novelty which they think the claims present in view of the state of the art disclosed by the references cited or the objections made. Applicants must also show how the amendments avoid such references or objections. See 37C.F.R 1.111(c). In addition, applicants are advised to provide the examiner with the line numbers and pages numbers in the application and/or references cited to assist examiner in locating the appropriate paragraphs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUNIR MOUTAOUAKIL whose telephone number is (571)270-1416. The examiner can normally be reached Monday-Friday 10AM-4PM EST.
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/MOUNIR MOUTAOUAKIL/Primary Examiner, Art Unit 2476
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