DETAILED ACTION
This communication is responsive to applicant’s response filed under 37 C.F.R §1.111 in response to a non-final office action. Claim(s) 2, 3, and 13 have been amended; Claims 1, 4-12, and 14-22 have been canceled; Claim(s) 23-26 have been added. Claim(s) 2-3, 13, and 23-26 are subject to examination.
Acknowledgement is made to the applicant’s amendment to claims 2 and 13 to obviate the previous 35 U.S.C. 112(b) rejection to claims 2 and 13. The previous 35 U.S.C. 112(b) rejection to claims 2 and 13 is/are hereby withdrawn.
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 filed 06/11/2026 have been fully considered but they are not persuasive.
Applicant’s Arguments:
The applicant argues in substance that WU and BOGINENI merely discloses that a CN110 sends a first CN-to-BS interface message to the base station 104a and that the CU-CP selects the appropriate CU-UP(s) for the requested services for the UE102A. WU and BOGINENI does not teach or suggest “information related to the CU-UP apparatus” nor clarify how, or based on what information/at what timing, the CU-CP selects the appropriate CU-UP(s).
Examiner’s Response:
The examiner respectfully disagrees. While WU does not disclose “information related to the CU-UP”, BOGINENI para 31 teaches receiving a collocation guidance message which contains information related to the CU-UP, and at the very least information related to the session which a selected CU-UP will serve. BOGINENI para 32 further defines this collocation guidance as information used to select a CU-UP. The examiner recommends including further language to define how this information is “related” to the CU-UP, such as specific parameters and/or identifiers.
Regarding all other arguments presented by the applicant, the arguments are substantially the same as those which have already been addressed above and in the interest of brevity; the examiner directs the applicant to those response above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 3, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over BOGINENI et al. (US 20200404531 A1) (see 892 03/11/2026), hereby referred to as BOGINENI, in view of YANG et al. (US 20230051495 A1), hereby referred to as YANG.
Claim 2:
BOGINENI teaches a method of a centralized unit control plane (CU-CP) apparatus, the method comprising: receiving a third message from the first core network apparatus, wherein the third message includes information related to the CU-UP apparatus (BOGINENI: para 31 (“AMF 305 generates and transmits a message 340 to CU-CP 315. For example, an N2 PDU Session Request message, which may include N2 session management (SM) information, a PDU Session identifier, and an N1 SM container (PDU Session Establishment Accept). The N2 PDU Session Request message may include the collocation guidance information.”) wherein the third message is message 340 with collocation guidance information related to CU-UP); selecting the CU-UP apparatus based on the information related to the CU-CU-CPUP apparatus (BOGINENI: para 32 (“In response to receiving message 340, CU-CP 315 may select the CU-UP of the edge user plane network device 205 based on the collocation guidance and CN tunnel information 345…generate and transmit message 350, which includes information related to resource allocation for the PDU session…indicate the CU-UP function of edge user plane network device…to be used in support of the PDU session to be created…”) wherein CU-UP is selected based on receive information on how to choose CU-UP); communication with the CU-UP apparatus (BOGINENI: FIG. 3 item 350 wherein CU-CP communicates and chooses the edge UP NW device); and performing a procedure related to the data for the UE (BOGINENI: FIG. 3 item 355 (“Provides radio and care integrated layer service based on collocation guidance for UPF and CU-UP functions.”) wherein the procedure is providing services to establish PDU session for device/UE).
However, BOGINENI does not explicitly disclose receiving a first message related to data from a User Equipment (UE); sending a second message to a first core network apparatus, wherein the second message includes the first message related to the data and information indicating that the CU-CP apparatus supports communication with a communication apparatus which executes a function of a Centralized Unit User Plane (CU-UP) apparatus and a function of an apparatus related to user plane;
YANG, in the same field of endeavor, teaches receiving a first message related to data from a User Equipment (UE) (YANG: para 63 (“…when DU 406 receives a request to establish a session from UE 102…forward a UE context message including the parameters to CU-CP…”) wherein CU-CP receives first message related to setting up data session from UE); sending a second message to a first core network apparatus, wherein the second message includes the first message related to the data and information indicating that the CU-CP apparatus supports communication with a communication apparatus which executes a function of a Centralized Unit User Plane (CU-UP) apparatus and a function of an apparatus related to user plane (YANG: para 63 (“CU-CP 402 may then send a session modification request including some or all of the parameters to AMF 302…”) and para 64-65 (“When AMF 302 receives the request for session from CU-CP 402…SMF304 may select a UPF…then messages AMF…AMF 302 may inform CU-CP…CU-CP 402 may then select CU-UP 404 based on a list of available CU-CPs…”) wherein the second message includes some and/or all of the first message from the UE as an indication of CU-CP support of communication that requires a CU-UP and UPF).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified BOGINENI with YANG, the combination hereby referred to as BOGINENI-YANG with for the benefit of added ability to tune particular performance parameters depending on application for scalability, flexibility, and cost-effectiveness (YANG: para 1).
Claim 3:
BOGINENI teaches a method of a first core network apparatus, the method comprising: sending a second message to a second core network apparatus, wherein the second message includes the information (BOGINENI: FIG. 3 item 320 wherein the first core network apparatus is the AMF and the second core network device is the SMF); receiving a third message from the second core network apparatus wherein the third message includes information related to the apparatus related to the user plane (BOGINENI: FIG. 3 item 335 and para 30 (“…SMF 225 may select edge user plane network device 205 as the UPF based on the user location information, DNN information…included in PDU Session Create Context Request message…generate and transmit message 330…The collocation guidance information may indicate the UPF function…is to be used in support of the PDU session to be created…”) wherein message 335 includes the collocation guidance which is the third message related to user plane given to the AMF); receiving a fourth message from the second core network apparatus, wherein the fourth message includes information related to the CU-UP apparatus (BOGINENI: para 31 (“…SMF 225 may generate and transmit a Namf_Communication_N1N2 Message Transfer Response, to AMF 305…include a PDU Session Identifier, N2 SM Information (QoS Profile, core network (CN) Tunnel Information, S-NSSAI…PDU Session Type, and other such information…include the collocation guidance information…”) wherein the second core network is the SMF which transmits to the AMF the information to CU-CP for CU-UP selection); sending a fifth message to the CU-CP apparatus, wherein the fifth message includes the information related to the CU-UP apparatus, wherein the information related to the CU-UP apparatus is used for selecting the CU-UP apparatus by the CU-CP apparatus (BOGINENI: para 31 (“AMF 305 generates and transmits a message 340 to CU-CP 315. For example, an N2 PDU Session Request message, which may include N2 session management (SM) information, a PDU Session identifier, and an N1 SM container (PDU Session Establishment Accept). The N2 PDU Session Request message may include the collocation guidance information.”) wherein the fifth message is message 340 with collocation guidance information related to CU-UP); and performing a procedure related to data (BOGINENI: FIG. 3 item 355 (“Provides radio and care integrated layer service based on collocation guidance for UPF and CU-UP functions.”) wherein the procedure is providing data services to establish PDU session for device/UE).
However, BOGINENI does not explicitly disclose receiving a first message from a Centralized Unit Control Plane (CU-CP) apparatus, wherein the first message includes message related to data and information indicating that the CU-CP apparatus supports communication with a communication apparatus which executes a function of a Centralized Unit User Plane (CU-UP) apparatus and a function of an apparatus related to user plane.
YANG, in the same field of endeavor, teaches receiving a first message from a Centralized Unit Control Plane (CU-CP) apparatus, wherein the first message includes message related to data and information indicating that the CU-CP apparatus supports communication with a communication apparatus which executes a function of a Centralized Unit User Plane (CU-UP) apparatus and a function of an apparatus related to user plane (YANG: para 63 (“CU-CP 402 may then send a session modification request including some or all of the parameters to AMF 302…”) and para 64-65 (“When AMF 302 receives the request for session from CU-CP 402…SMF304 may select a UPF…then messages AMF…AMF 302 may inform CU-CP…CU-CP 402 may then select CU-UP 404 based on a list of available CU-CPs…”) wherein the second message includes some and/or all of the first message from the UE as an indication of CU-CP support of communication that requires a CU-UP and UPF).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified BOGINENI with YANG, the combination hereby referred to as BOGINENI-YANG with for the benefit of added ability to tune particular performance parameters depending on application for scalability, flexibility, and cost-effectiveness (YANG: para 1).
Claim 13:
BOGINENI teaches a Centralized Unit Control Plane (CU-CP) apparatus comprising one or more memories storing instructions and one or more processors configured to execute the instructions (BOGINENI: FIG. 4).
For further limitations, see rejection for claim 2 above.
Claim(s) 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over BOGINENI in view of YANG, the combination hereby referred to as BOGINENI-YANG, and in further view of CHAUHAN et al. (US 20220311826 A1) (see 892 03/11/2026), hereby referred to as CHAUHAN.
Claim 23:
BOGINENI-YANG teaches the method according to claim 2, wherein the third message includes an identifier related to the data (BOGINENI: para 31 (“AMF 305 generates and transmits a message 340 to CU-CP 315. For example, an N2 PDU Session Request message, which may include N2 session management (SM) information, a PDU Session identifier, and an N1 SM container (PDU Session Establishment Accept). The N2 PDU Session Request message may include the collocation guidance information.”) wherein the third message includes PDU session identifier), and wherein the information related to the CU-UP apparatus indicates the CU-UP apparatus in a best couple of the apparatus related to the user plane and the CU-UP apparatus for the data (BOGINENI: FIG. 2A wherein collocation guidance can relate to a CU-UP collocated with the UPF).
However, BOGINENI-YANG does not explicitly disclose wherein the information related to the CU-UP apparatus includes information indicating a Fully Qualified Domain Name (FQDN) or an Internet Protocol (IP) address or the IP address with a Tunnel Endpoint Identifier (TEID) of the CU-UP apparatus.
CHAUHAN, in the same field of endeavor, teaches wherein the information related to the CU-UP apparatus includes information indicating an Internet Protocol (IP) address of the CU-UP apparatus (CHAUHAN: para 73 (“SMF 304 may send the IP address of UPF…to CU-CP….”) and para 80 (“AMF 302 may send a message to CU-CP…message may include…IPv6 address of UPF…”) or para 59 )”SMF…may send a message, to CU-CP…requestion…to modify its resources…(PDU) Session Resource Modify Request message…identify the location of a selected UPF…).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified BOGINENI-YANG with CHAUHAN for the benefit of added ability to tune particular performance parameters depending on application for scalability, flexibility, and cost-effectiveness (CHAUHAN: para 1).
Claim 24:
BOGINENI-YANG-CHAUHAN teaches The method according to claim 23, wherein the information indicating that the CU-CP apparatus supports the communication with the communication apparatus which executes the function of the CU-UP apparatus and the function of the apparatus related to the user plane indicates that a connection between the CU-UP apparatus and the apparatus related to the user plane is not required (BOGINENI: FIG. 2 item 220 and para 48 (“When it is determined that the collocation guidance information is not included in the message…an external CU-UP is selected…”) wherein the CU-CP has the option of selection a CU-UP which is not collocated with the UPF), and wherein the information related to the CU-UP apparatus is based on the information indicating that the CU-CP apparatus supports the communication with the communication apparatus which executes the function of the CU-UP apparatus and the function of the apparatus related to the user plane (YANG: para 63 (“CU-CP 402 may then send a session modification request including some or all of the parameters to AMF 302…”) and para 64-65 (“When AMF 302 receives the request for session from CU-CP 402…SMF304 may select a UPF…then messages AMF…AMF 302 may inform CU-CP…CU-CP 402 may then select CU-UP 404 based on a list of available CU-CPs…”) wherein the second message includes some and/or all of the first message from the UE as an indication of CU-CP support of communication that requires a selection of a CU-UP and UPF).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified BOGINENI and CHAUHAN with YANG for the benefit of added ability to tune particular performance parameters depending on application for scalability, flexibility, and cost-effectiveness (YANG: para 1).
Claim 25:
BOGINENI-YANG teaches the method according to claim 3, wherein the fifth message includes an identifier related to the data (BOGINENI: para 31 (“AMF 305 generates and transmits a message 340 to CU-CP 315. For example, an N2 PDU Session Request message, which may include N2 session management (SM) information, a PDU Session identifier, and an N1 SM container (PDU Session Establishment Accept). The N2 PDU Session Request message may include the collocation guidance information.”) wherein the third message includes PDU session identifier).
For further limitations, see rejection for claim 23 above.
Claim 26:
BOGINENI-YANG-CHAUHAN teaches the method according to claim 25. For further limitations, see rejection for claim 24 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELIE T NGO whose telephone number is (571)272-0180. The examiner can normally be reached Mon - Thur: 8am - 5pm; 2nd Fri: 8am - 3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached at (571) 270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.T.N./Examiner, Art Unit 2416
/SHARMIN CHOWDHURY/Primary Examiner, Art Unit 2416
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