Prosecution Insights
Last updated: August 16, 2026
Application No. 18/682,515

User Plane Integrity Protection in Dual Connectivity

Non-Final OA §102§103
Filed
Feb 09, 2024
Priority
Aug 09, 2021 — provisional 63/231,114 +1 more
Examiner
GRANT, GILBERT MUGARULA
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
19 granted / 23 resolved
+20.6% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
15 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
55.6%
+15.6% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 resolved cases

Office Action

§102 §103
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 . Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), 371, or 386(c) is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/09/2024 has been considered by the Examiner. Preliminary Amendment The present Office Action is based upon the original patent application filed on 02/09/2024 as modified by the preliminary amendment also filed on 02/09/2024. Claims 25-50 are now pending in the present application. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 25-27, 29-31, 34-40, and 42-44, 47-50 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LEE et al. (US 20220046489 A1) hereinafter LEE. Regarding claim 25, LEE discloses a method performed by a wireless communication device, the method comprising: transmitting, to a network node in an Evolved Packet System (EPS), signaling indicating a capability of the wireless communication device to support user plane integrity protection over New Radio (NR) in Evolved Universal Terrestrial Radio Access - NR Dual Connectivity (EN-DC), ([0023]- [0024],[0022], [0023] “5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity). […] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): Option 1—eUTRA with EPC; Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary); Option 5—5G core with eUTRA; or Option 7—5G core based Dual Connectivity (eUTRA master—NR secondary), [0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system […] In the security capability IE, supported NR integrity protection algorithms for NR can be in octet 4 and integrity protection algorithms for eUTRA can be in octet 6. A UE can indicate EPS UE Security Capability to the network using a separate IE in 5GS (known as S1 UE Security Capability in 5GS), and the UE can use the same IE when the UE registers to EPS (4G)”). Regarding claim 26, as applied to claim 25 above, LEE discloses wherein the signaling is non-access stratum (NAS) signaling or Radio Resource Control (RRC) signaling, ([0005] “The UE can specify a security capability to the 5G core network to indicate whether UP IP is supported by the UE, and the UE can use UP IP in communicating with the 5G core network in non-access stratum (NAS) signaling and/or in communicating with the base station using access stratum (AS) signaling”). Regarding claim 27, as applied to claim 25 above, LEE discloses wherein the network node is a Mobility Management Entity (MME), an eNB, or a master eNB in EN-DC, ([0082], (FIG. 7), [0040], [0042] “The base station may also be referred to as a gNB, Node B, evolved Node B (eNB), an access point, a base transceiver station, a radio base station, a radio transceiver, a transceiver function, a basic service set (BSS), an extended service set (ESS), a transmit reception point (TRP), or some other suitable terminology”). Regarding claim 29, as applied to claim 25 above, LEE discloses further comprising transmitting or receiving, over NR in EN-DC, user plane data that is integrity protected in accordance with the capability indicated by the signaling, ([0023]- [0024], [0022], [0023] “5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity). […] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): Option 1—eUTRA with EPC; Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary); Option 5—5G core with eUTRA; or Option 7—5G core based Dual Connectivity (eUTRA master—NR secondary).[0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system […] In the security capability IE, supported NR integrity protection algorithms for NR can be in octet 4 and integrity protection algorithms for eUTRA can be in octet 6. A UE can indicate EPS UE Security Capability to the network using a separate IE in 5GS (known as S1 UE Security Capability in 5GS), and the UE can use the same IE when the UE registers to EPS (4G)”). Regarding claim 30, LEE discloses a method performed by a network node, the method comprising: transmitting or receiving signaling indicating a capability of a wireless communication device to support user plane integrity protection over NR in EN-DC, ([0023]- [0024], [0022], [0023] “5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity). […] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): Option 1—eUTRA with EPC; Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary); Option 5—5G core with eUTRA; or Option 7—5G core based Dual Connectivity (eUTRA master—NR secondary).[0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system […] In the security capability IE, supported NR integrity protection algorithms for NR can be in octet 4 and integrity protection algorithms for eUTRA can be in octet 6. A UE can indicate EPS UE Security Capability to the network using a separate IE in 5GS (known as S1 UE Security Capability in 5GS), and the UE can use the same IE when the UE registers to EPS (4G)”). Regarding claim 31, as applied to claim 30 above, LEE discloses wherein the signaling is non-access stratum (NAS) signaling or Radio Resource Control (RRC) signaling, ([0005] “The UE can specify a security capability to the 5G core network to indicate whether UP IP is supported by the UE, and the UE can use UP IP in communicating with the 5G core network in non-access stratum (NAS) signaling and/or in communicating with the base station using access stratum (AS) signaling”). Regarding claim 34, as applied to claim 30 above, LEE discloses wherein the network node is an eNB or a Mobility Management Entity (MME), ([0082], (FIG. 7), [0040] [0042] “The base station may also be referred to as a gNB, Node B, evolved Node B (eNB), an access point, a base transceiver station, a radio base station, a radio transceiver, a transceiver function, a basic service set (BSS), an extended service set (ESS), a transmit reception point (TRP), or some other suitable terminology”). Regarding claim 35, as applied to claim 30 above, LEE discloses wherein said transmitting or receiving comprises receiving the signaling from the wireless communication device, ([0081], [0070] “[…] UP IP support determining component 352 can receive the capability indicator in RRC signaling from the UE 104, which may include a 5G UE security capability IE, as described above, having at least one bit that indicates whether the UE support UP IP when connected to EPS”). Regarding claim 36, as applied to claim 30 above, LEE discloses wherein said transmitting or receiving comprises transmitting the signaling to another network node, wherein the network node is in an EPS and wherein the another network node is either in the EPS or in a 5G System (5GS), ([0080]- [0081], [0070] “[…] UP IP support determining component 352 can receive the capability indicator in RRC signaling from the UE 104, which may include a 5G UE security capability IE, as described above, having at least one bit that indicates whether the UE support UP IP when connected to EPS, [0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system”). Regarding claim 37, as applied to claim 30 above, LEE discloses wherein the network node is a secondary gNB for EN- DC, ( [0024], [0023]”[…] 5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity [..] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): […] Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary)[…]”); and wherein the method further comprises activating or deactivating user plane integrity protection over NR in EN-DC based on the capability indicated by the signaling, ([0005], [0026] “support for UP IP may be indicated and/or supported in various RAT/core network combinations (e.g., Options 1, 3, 4, 5, 7 listed above) (see paragraph [0023]). […]in handover from NR connected to 5GC to eUTRA, source base station can benefit from knowing the target eUTRA base station's UP IP capability to determine handover. In an example, protocol data unit (PDU) sessions that require UP IP may not be transferred to target eUTRA base station. Otherwise, handover may result in unexpected service disruption and/or security issue (e.g., handover to target eUTRA base station may result in turning off (or deactivating) UP IP for all DRBs at the target)”). Regarding claim 38, LEE discloses a wireless communication device comprising: communication circuitry; and processing circuitry configured to transmit, to a network node in an Evolved Packet System (EPS) signaling indicating a capability of the wireless communication device to support user plane integrity protection over New Radio (NR) in Evolved Universal Terrestrial Radio Access - NR Dual Connectivity (EN-DC), ([0094] “The components of the UE 104 may [...] be implemented with one or more ASICs adapted to perform […] applicable functions in hardware. [...] Similarly, the components of the base station 102 may [...] be implemented with one or more application specific integrated circuits (ASICs) adapted to perform […] applicable functions in hardware, [0023]- [0024] “5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity). […] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): Option 1—eUTRA with EPC; Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary); Option 5—5G core with eUTRA; or Option 7—5G core based Dual Connectivity (eUTRA master—NR secondary).[0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system […] In the security capability IE, supported NR integrity protection algorithms for NR can be in octet 4 and integrity protection algorithms for eUTRA can be in octet 6. A UE can indicate EPS UE Security Capability to the network using a separate IE in 5GS (known as S1 UE Security Capability in 5GS), and the UE can use the same IE when the UE registers to EPS (4G)”). Regarding claim 39, as applied to claim 38 above, LEE discloses wherein the signaling is non- access stratum (NAS) signaling or Radio Resource Control (RRC) signaling, ([0005] “The UE can specify a security capability to the 5G core network to indicate whether UP IP is supported by the UE, and the UE can use UP IP in communicating with the 5G core network in non-access stratum (NAS) signaling and/or in communicating with the base station using access stratum (AS) signaling. Regarding claim 40, as applied to claim 38 above, LEE discloses wherein the network node is a Mobility Management Entity (MME), an eNB, or a master eNB in EN-DC, ([0082], (FIG. 7), [0040], [0042] “The base station may also be referred to as a gNB, Node B, evolved Node B (eNB), an access point, a base transceiver station, a radio base station, a radio transceiver, a transceiver function, a basic service set (BSS), an extended service set (ESS), a transmit reception point (TRP), or some other suitable terminology”). Regarding claim 42, as applied to claim 38 above, LEE discloses wherein the processing circuitry is further configured to transmit or receive, over NR in EN-DC, user plane data that is integrity protected in accordance with the capability indicated by the signaling, ([0094] “The components of the UE 104 may [...] be implemented with one or more ASICs adapted to perform […] applicable functions in hardware. [...] Similarly, the components of the base station 102 may [...] be implemented with one or more application specific integrated circuits (ASICs) adapted to perform […] applicable functions in hardware, [0023]- [0024], [0022], [0023] 5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity). […] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): Option 1—eUTRA with EPC; Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary); Option 5—5G core with eUTRA; or Option 7—5G core based Dual Connectivity (eUTRA master—NR secondary).[0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system […] In the security capability IE, supported NR integrity protection algorithms for NR can be in octet 4 and integrity protection algorithms for eUTRA can be in octet 6. A UE can indicate EPS UE Security Capability to the network using a separate IE in 5GS (known as S1 UE Security Capability in 5GS), and the UE can use the same IE when the UE registers to EPS (4G)”). Regarding claim 43, LEE discloses a network node comprising: communication circuitry; and processing circuitry configured to transmit or receive signaling indicating a capability of a wireless communication device to support user plane integrity protection over NR in EN-DC, ([0094] “The components of the UE 104 may [...] be implemented with one or more ASICs adapted to perform […] applicable functions in hardware. [...] the components of the base station 102 may [...] be implemented with one or more application specific integrated circuits (ASICs) adapted to perform […] applicable functions in hardware. [0023]- [0024] [0022], [0023] 5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity). […] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): Option 1—eUTRA with EPC; Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary); Option 5—5G core with eUTRA; or Option 7—5G core based Dual Connectivity (eUTRA master—NR secondary).[0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system […] In the security capability IE, supported NR integrity protection algorithms for NR can be in octet 4 and integrity protection algorithms for eUTRA can be in octet 6. A UE can indicate EPS UE Security Capability to the network using a separate IE in 5GS (known as S1 UE Security Capability in 5GS), and the UE can use the same IE when the UE registers to EPS (4G)”). Regarding claim 44, as applied to claim 43 above, LEE discloses wherein the signaling is non-access stratum (NAS) signaling or Radio Resource Control (RRC) signaling, ([0005] “The UE can specify a security capability to the 5G core network to indicate whether UP IP is supported by the UE, and the UE can use UP IP in communicating with the 5G core network in non-access stratum (NAS) signaling and/or in communicating with the base station using access stratum (AS) signaling”). Regarding claim 47, as applied to claim 43 above, LEE discloses wherein the network node is an eNB or a Mobility Management Entity (MME), ([0082], (FIG. 7), [0040], [0042] “The base station may also be referred to as a gNB, Node B, evolved Node B (eNB), an access point, a base transceiver station, a radio base station, a radio transceiver, a transceiver function, a basic service set (BSS), an extended service set (ESS), a transmit reception point (TRP), or some other suitable terminology”). Regarding claim 48, as applied to claim 43 above, LEE discloses wherein the processing circuitry is configured to receive the signaling from the wireless communication device, ([0094] “The components of the UE 104 may [...] be implemented with one or more ASICs adapted to perform […] applicable functions in hardware. [...] the components of the base station 102 may [...] be implemented with one or more application specific integrated circuits (ASICs) adapted to perform […] applicable functions in hardware. [0081], [0070] […] UP IP support determining component 352 can receive the capability indicator in RRC signaling from the UE 104, which may include a 5G UE security capability IE, as described above, having at least one bit that indicates whether the UE support UP IP when connected to EPS”). Regarding claim 49, as applied to claim 43 above, LEE discloses wherein the processing circuitry is configured to transmit the signaling to another network node, wherein the network node is in an EPS and wherein the another network node is either in the EPS or in a 5G System (5GS), ([0094] “The components of the UE 104 may [...] be implemented with one or more ASICs adapted to perform […] applicable functions in hardware. [...] Similarly, the components of the base station 102 may [...] be implemented with one or more application specific integrated circuits (ASICs) adapted to perform […] applicable functions in hardware. [0080]- [0081], [0070] […] UP IP support determining component 352 can receive the capability indicator in RRC signaling from the UE 104, which may include a 5G UE security capability IE, as described above, having at least one bit that indicates whether the UE support UP IP when connected to EPS, [0024] In 5G, a UE can signal support of UP IP over NR to the 5GC network using UE security capability information element (IE) during UE registration to 5G system”). Regarding claim 50, as applied to claim 43 above, LEE discloses wherein the network node is a secondary gNB for EN-DC, ( [0024], [0023] ”[…] 5G NR can be connected to 5GC (5G system (5GS)) or EPC (evolved packet system (EPS)) using option 3 (EPC based Dual Connectivity of eUTRA and NR RAT) or EN-DC (eUTRA and NR dual connectivity [..] UP IP may possibly be supported in the following RAN options (e.g., when at least one RAN node includes LTE or eUTRA): […] Option 3—EPC based Dual Connectivity of eUTRA and NR RAT; Option 4—5G core based Dual Connectivity (NR master—eUTRA secondary)[…]”; and wherein the processing circuitry is further configured to activate or deactivate user plane integrity protection over NR in EN-DC based on the capability indicated by the signaling, ([0094] “The components of the UE 104 may [...] be implemented with one or more ASICs adapted to perform […] applicable functions in hardware. [...] Similarly, the components of the base station 102 may [...] be implemented with one or more application specific integrated circuits (ASICs) adapted to perform […] applicable functions in hardware”. [0005] [0026] support for UP IP may be indicated and/or supported in various RAT/core network combinations (e.g., Options 1, 3, 4, 5, 7 listed above) (see paragraph [0023]). […]in handover from NR connected to 5GC to eUTRA, source base station can benefit from knowing the target eUTRA base station's UP IP capability to determine handover. In an example, protocol data unit (PDU) sessions that require UP IP may not be transferred to target eUTRA base station. Otherwise, handover may result in unexpected service disruption and/or security issue (e.g., handover to target eUTRA base station may result in turning off (or deactivating) UP IP for all DRBs at the target)”). 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. 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. 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. Claims 28, 32, 41, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 20220046489 A1) hereinafter LEE, in view of Tripathi; Nishithkumar D. Parker (US 20220070738 A1) hereinafter Tripathi. Regarding claim 28, as applied to claim 25 above, LEE does not disclose wherein the signaling is transmitted: in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message; and/or during, or as part of, a procedure for initial context setup, path switch, or handover. In the same field of endeavor, Tripathi discloses wherein the signaling is transmitted: in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message; and/or during, or as part of, a procedure for initial context setup, path switch, or handover, ([0085] “gNB 103 asks UE 116 to report “the time since last handover” from the UE's perspective. [0100] UE 116 transmits a capability signaling 930 through gNB 103 to the NAS Anchor 905. In the capability signaling 930, UE 116 explicitly conveys its support for the adjusted QoS to the MME in a NAS message such as Attach Request, TAU Request, and Service Request. In certain embodiments, UE 116 specifies the Network Type and the MME infers the UE's support for the adjusted QoS”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal support of UP IP, disclosed by LEE ([0024], [0023]) to incorporate the capability signaling 930, disclosed by Tripathi. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to report the signaling capability through NAS message such as Attach Request or TAU Request, Tripathi ([0085] [0100]). Regarding claim 32, as applied to claim 30 above, LEE does not disclose wherein the signaling is transmitted or received in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message. In the same field of endeavor, Tripathi discloses wherein the signaling is transmitted or received in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message, ([0085] “gNB 103 asks UE 116 to report “the time since last handover” from the UE's perspective. [0100] UE 116 transmits a capability signaling 930 through gNB 103 to the NAS Anchor 905. In the capability signaling 930, UE 116 explicitly conveys its support for the adjusted QoS to the MME in a NAS message such as Attach Request, TAU Request, and Service Request. In certain embodiments, UE 116 specifies the Network Type and the MME infers the UE's support for the adjusted QoS”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal support of UP IP, disclosed by LEE ([0024], [0023]) to incorporate the capability signaling 930, disclosed by Tripathi. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to report the signaling capability through NAS message such as Attach Request or TAU Request, Tripathi ([0085] [0100]). Regarding claim 41, as applied to claim 38 above, LEE does not disclose wherein the signaling is transmitted: in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message; and/or during, or as part of, a procedure for initial context setup, path switch, or handover. In the same field of endeavor, Tripathi discloses wherein the signaling is transmitted: in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message; and/or during, or as part of, a procedure for initial context setup, path switch, or handover, ([0085] “gNB 103 asks UE 116 to report “the time since last handover” from the UE's perspective. [0100] UE 116 transmits a capability signaling 930 through gNB 103 to the NAS Anchor 905. In the capability signaling 930, UE 116 explicitly conveys its support for the adjusted QoS to the MME in a NAS message such as Attach Request, TAU Request, and Service Request. In certain embodiments, UE 116 specifies the Network Type and the MME infers the UE's support for the adjusted QoS”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal support of UP IP, disclosed by LEE ([0024], [0023]) to incorporate the capability signaling 930, disclosed by Tripathi. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to report the signaling capability through NAS message such as Attach Request or TAU Request, Tripathi ([0085] [0100]). Regarding claim 45, as applied to claim 43 above, LEE does not disclose wherein the processing circuitry is configured to transmit or receive the signaling in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message. In the same field of endeavor, Tripathi discloses wherein the processing circuitry is configured to transmit or receive the signaling in an Attach Request message, a Tracking Area Update message, a Security Mode Complete message, or a Service Request message, ([0085] “gNB 103 asks UE 116 to report “the time since last handover” from the UE's perspective. [0100] UE 116 transmits a capability signaling 930 through gNB 103 to the NAS Anchor 905. In the capability signaling 930, UE 116 explicitly conveys its support for the adjusted QoS to the MME in a NAS message such as Attach Request, TAU Request, and Service Request. In certain embodiments, UE 116 specifies the Network Type and the MME infers the UE's support for the adjusted QoS”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal support of UP IP, disclosed by LEE ([0024], [0023]) to incorporate the capability signaling 930, disclosed by Tripathi. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to report the signaling capability through NAS message such as Attach Request or TAU Request, Tripathi ([0085] [0100]). Claims 33 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 20220046489 A1) hereinafter LEE, in view of NAKARM et al (CN 111328457 A) hereinafter NAKARM. Regarding claim 33, as applied to claim 30 above, LEE does not disclose wherein the signaling is received during, or as part of: a procedure for initial context setup, path switch, or handover; or a procedure for requesting the addition of an SgNB for EN-DC. In the same field of endeavor, NAKARM discloses wherein the signaling is received during, or as part of: a procedure for initial context setup, path switch, or handover; or a procedure for requesting the addition of an SgNB for EN-DC, ([Claim 16] “wherein receiving the signaling comprises: during the handover procedure, receiving a handover request message from the core network equipment (16). the switching request message includes information indicating that the new NAS security context field to be used as basis for the AS security context”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal support of UP IP, disclosed by LEE ([0024], [0023]) to incorporate the handover procedure, disclosed by NAKARM. One of ordinary skill in the art would have been motivated to make this modification in order to receive the signaling during the HO procedure, NAKARM ([Claims 16]). Regarding claim 46, as applied to claim 30 above, LEE does not disclose wherein the processing circuitry is configured to receive the signaling during, or as part of: a procedure for initial context setup, path switch, or handover; or a procedure for requesting the addition of an SgNB for EN-DC. In the same field of endeavor, NAKARM discloses wherein the processing circuitry is configured to receive the signaling during, or as part of: a procedure for initial context setup, path switch, or handover; or a procedure for requesting the addition of an SgNB for EN-DC, (“the radio access network device comprises is configured into any step of executing any shown in FIG. 3-5 of the corresponding circuit or circuit system. These circuits or circuit system in this aspect may include dedicated to performing certain functions of processing circuitry and/or one or more microprocessors and memory”; Claims 16. wherein receiving the signaling comprises: during the handover procedure, receiving a handover request message from the core network equipment (16). the switching request message includes information indicating that the new NAS security context field to be used as basis for the AS security context. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal support of UP IP, disclosed by LEE ([0024], [0023]) to incorporate the handover procedure, disclosed by NAKARM. One of ordinary skill in the art would have been motivated to make this modification in order to receive the signaling during the HO procedure, NAKARM ([Claims 16]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT GRANT whose telephone number is (703)756-1136. The examiner can normally be reached 9:00 am - 7:00 pm, Monday - Thursday. 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, Rafael Perez-Gutierrez can be reached on 571-272-7915. 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. /GILBERT M. GRANT/Examiner, Art Unit 2642 /Rafael Pérez-Gutiérrez/Supervisory Patent Examiner, Art Unit 2642
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Prosecution Timeline

Feb 09, 2024
Application Filed
May 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+25.0%)
3y 3m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 23 resolved cases by this examiner. Grant probability derived from career allowance rate.

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