Prosecution Insights
Last updated: April 19, 2026
Application No. 18/684,267

METHOD OF gNB-CU-CP APPARATUS, METHOD OF AMF APPARATUS AND gNB-CU-CP APPARATUS

Non-Final OA §103§112
Filed
Feb 16, 2024
Examiner
NGO, ANGELIE THIEN THAN
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
92%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
42 granted / 57 resolved
+15.7% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
39 currently pending
Career history
96
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 57 resolved cases

Office Action

§103 §112
DETAILED ACTION This communication is responsive to Application #1864267 filed 02/16/2024. Claim(s) 1, 4-12 and 14-22 canceled. Claim(s) 2-3 and 13 is/are subject to examination. 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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: performing a function with the selected gNB-CU-UP apparatus. 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 WU et al. (US 20240089705 A1), hereby referred to as WU, in view of BOGINENI et al. (US 20200404531 A1), hereby referred to as BOGINENI. Claim 2: WU teaches a method of a gNB Centralized Unit Control Plane (gNB-CU-CP) apparatus, the method comprising: receiving a Protocol Data Unit (PDU) session establishment request message from a User Equipment (UE) (WU: FIG. 1B item 172A (“CU-CP”) wherein any base station has a gNB-CU-CP and FIG. 5A item 502A (“First PDU Session Establishment Request (for first MBS))”) wherein UE sends to base station); sending an UPLINK NAS TRANSPORT message to an Access and Mobility management Function (AMF) apparatus, wherein the UPLINK NAS TRANSPORT message includes the PDU session establishment request message (WU: FIG. 5A item 504A (“First PDU Session Establishment Request”) and para 64 (“…the base station 104A sends 504A to the CN 110 a BS-to-CN interface message to the CN 110 (e.g., AMF 164…an UPLINK NAS TRANSPORT message) that includes the first PDU Session Establishment Request message.”) wherein base station, including CU-CP, sends uplink NAS message) and information indicating that the gNB-CU-CP apparatus supports communication with a communication apparatus which executes a function of a gNB Centralized Unit User Plane (gNB-CU-UP) apparatus (WU: para 47 (“The CU-CP(s) 172A select the appropriate CU-UP(s) 172B for the requested services for the UE 102A.”) wherein the information is the requested service/PDU session establishment which indicates a gNB-CU-UP selection); receiving an INITIAL CONTEXT SETUP REQUEST message from the AMF apparatus, wherein the INITIAL CONTEXT SETUP REQUEST message includes information related to the gNB-CU-UP apparatus (WU: FIG. 5A item 506A (“First PDU Session Establish Accept”) and para 65 (“…CN 110 sends 506A to the base station 104 a first CN-to_BS interface message (e.g., an NG interface message or a PDU SESSION RESOURCE SETUP REQUEST message)…”) wherein PDU session resource setup request is an initial context setup request message; para 47 (“The CU-CP(s) 172A select the appropriate CU-UP(s) 172B for the requested services for the UE 102A.”) wherein gNB-CU-UP is selected based on request service/information); selecting the gNB-CU-UP apparatus based on the information related to the gNB-CU-UP apparatus (WU: para 47 (“The CU-CP(s) 172A select the appropriate CU-UP(s) 172B for the requested services for the UE 102A.”) wherein gNB-CU-UP is selected based on request service/information); and performing PDU session establishment procedure for the UE (WU: FIG. 5A item 508A (“First PDU Session Establishment Accept”) wherein PDU is established). However, WU does not explicitly disclose the communication apparatus also executes a function of a User Plane Function (UPF) apparatus. BOGINENI, in the same field of endeavor, teaches the communication apparatus also executes a function of a User Plane Function (UPF) apparatus (BOGINENI: FIG. 2A item 205 and FIG. 3 item 335 wherein a communication has both UPF and CU-UP functions for PDU session establishment). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified WU with BOGINENI, for the benefit of improving effective use of resources and performance (BOGINENI: para 1). Claim 3: WU teaches a method of an Access and Mobility management Function (AMF) apparatus, the method comprising: receiving an UPLINK NAS TRANSPORT message from a gNB Centralized Unit Control Plane (gNB-CU-CP) apparatus, wherein the UPLINK NAS TRANSPORT message includes a Protocol Data Unit (PDU) session establishment request message (WU: FIG. 5A item 504A (“First PDU Session Establishment Request”) and para 64 (“…the base station 104A sends 504A to the CN 110 a BS-to-CN interface message to the CN 110 (e.g., AMF 164…an UPLINK NAS TRANSPORT message) that includes the first PDU Session Establishment Request message.”) wherein base station, including CU-CP, sends uplink NAS message) and information indicating that the gNB- CU-CP apparatus supports communication with a communication apparatus which executes a function of a gNB Centralized Unit User Plane (gNB-CU-UP) apparatus (WU: para 47 (“The CU-CP(s) 172A select the appropriate CU-UP(s) 172B for the requested services for the UE 102A.”) wherein the information is the requested service/PDU session establishment which indicates a gNB-CU-UP selection), sending an INITIAL CONTEXT SETUP REQUEST message to the gNB-CU-CP apparatus, wherein the INITIAL CONTEXT SETUP REQUEST message includes the information related to the gNB-CU-UP apparatus (WU: FIG. 5A item 506A (“First PDU Session Establish Accept”) and para 65 (“…CN 110 sends 506A to the base station 104 a first CN-to_BS interface message (e.g., an NG interface message or a PDU SESSION RESOURCE SETUP REQUEST message)…”) wherein PDU session resource setup request is an initial context setup request message; para 47 (“The CU-CP(s) 172A select the appropriate CU-UP(s) 172B for the requested services for the UE 102A.”) wherein gNB-CU-UP is selected based on request service/information); and performing PDU session establishment procedure (WU: FIG. 5A item 508A (“First PDU Session Establishment Accept”) wherein PDU is established). However, WU does not explicitly disclose the communication apparatus also executes a function of a User Plane Function (UPF) apparatus; sending a NsmfPDUSession_CreateSMContext Request message to a Session Management Function (SMF) apparatus, wherein the NsmfPDUSession_CreateSMContext Request message includes the information; receiving a NsmfPDUSession_CreateSMContext response message from the SMF apparatus, wherein the NsmfPDUSession_CreateSMContext response message includes information related to the UPF apparatus; receiving a NamfCommunication_N1 N2MessageTransfer message from the SMF apparatus, wherein the NamfCommunication_N1 N2MessageTransfer message includes information related to the gNB-CU-UP apparatus; BOGINENI, in the same field of endeavor, teaches the communication apparatus also executes a function of a User Plane Function (UPF) apparatus (BOGINENI: FIG. 2A item 205 and FIG. 3 item 335 wherein a communication has both UPF and CU-UP functions for PDU session establishment); sending a NsmfPDUSession_CreateSMContext Request message to a Session Management Function (SMF) apparatus, wherein the NsmfPDUSession_CreateSMContext Request message includes the information (BEGINENI: FIG. 3 item 320 (“Nsmf_PDUSession_CreateSMContext Request”) and para 29 (“..may include…SUPI…DNN…S-NSSAI…PDU Session Identifier…an AMF identifier, a Request Type, User location information, and other information…”) wherein the information is information related to the service request); receiving a NsmfPDUSession_CreateSMContext response message from the SMF apparatus, wherein the NsmfPDUSession_CreateSMContext response message includes information related to the UPF apparatus (BEGINENI: FIG. 3 item 335; para 30 (“In response to receiving PDU Session Create Context Request Message…SMF 225 may select edge user plane network device 205 as the UPF based on user location information, DNN information 325 (and other information included…collocation guidance information may indicate the UPF function of edge user plane network device…”); and para 31 (“…SMF…transmit a Namf_Communication_N1N2 Message Transfer Response, to AMF…include a PDU session identifier…other such information…”) wherein information related to the UPF apparatus includes collocation guidance information); receiving a NamfCommunication_N1 N2MessageTransfer message from the SMF apparatus, and wherein the NamfCommunication_N1 N2MessageTransfer message includes information related to the gNB-CU-UP apparatus (BEGINENI: FIG. 3 item 335 (“Namf_Communicaition_N1N2 Message Transfer (collocation guidance)”) and para 32 (“…collocation guidance information for UPF and CU-UP function…”) wherein the message includes information related to UPF and gNB-CU-UP). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified WU with BOGINENI, for the benefit of improving effective use of resources and performance (BOGINENI: para 1). Claim 13: WU teaches a gNB Centralized Unit Control Plane (gNB-CU-CP) apparatus comprising one or more memories storing instructions and one or more processors configured to execute the instructions (WU: para 36 (“The base station…can include one or more general-purpose processors…a computer-readable memory storing machine-readable instructions…”)). For further limitations, see rejection for claim 2 above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CHAUHAN et al. (US 20220311826 A1). 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. 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, 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. 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. /A.T.N./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Feb 16, 2024
Application Filed
Mar 07, 2026
Non-Final Rejection — §103, §112 (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
74%
Grant Probability
92%
With Interview (+18.5%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 57 resolved cases by this examiner. Grant probability derived from career allow rate.

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