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 .
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-6, 10-17, and 53 is/are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Wang (2020/0128450).
As to claim 1, (Currently Amended) Wang discloses A method performed by a first (intermediate) session management function (SMF), comprising:
sending to a second (anchor) SMF a first request (step 208/308) comprising a state of a user plane connection or an indication, wherein the state or the indication indicates whether there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF; and
receiving a first response (step 210/310) from the second SMF. See [0080]-[0084], [0106]-[0110], [0120]-[0124], Fig.2, etc.
It is noted that the BRI of the method is sending data and receiving a response. The contents of the sent data (a state of a user plane connection or an indication, wherein the state or the indication indicates whether there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF) is a nonfunctional descriptive limitation not carrying patentable weight because the contents do not interact with or depend on any functional step of the method.
As to claim 2, (Original) Wand discloses The method according to claim 1, wherein the state of the user plane connection comprises at least one of: ACTIVATED, DEACTIVATED, ACTIVATING, SUSPENDED, or a list of protocol data unit (PDU) sessions to be activated. See [0105], [0119].
As to claims 3-5, (Currently Amended) The method according to claim 1, further comprising:
when the state of the user plane connection sent in the first request is ACTIVATED or DEACTIVATED or SUSPENDED or when the indication indicates there is not an ongoing procedure during which the first SMF is not able to handle update request from the second SMF, after receiving the first response from the second SMF, receiving a second request for enforcing at least one updated policy or releasing a protocol data unit (PDU) session from the second SMF; or
when the state of the user plane connection sent in the first request is ACTIVATING or when the indication indicates there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF, after receiving the first response from the second SMF and when a timer of the second SMF expires, receiving a second request for enforcing at least one updated policy or releasing a protocol data unit (PDU) session from the second SMF; or
when the first response comprises a PDU session identifier and the state of the user plane connection sent in the first request is the list of one or more PDU sessions to be activated, checking if the PDU session identifier is included in the list of one or more PDU sessions to be activated, sending information indicating that a PDU session corresponding to the PDU session identifier is activated to the second SMF when the PDU session identifier is included in the list of one or more PDU sessions to be activated and after the PDU session corresponding to the PDU session identifier is activated, and receiving a second request for enforcing at least one updated policy or releasing a PDU session from the second SMF.
See Figs. 2-3 and citations above. The claims three limitations are all contingent on a particular limitation which need not be performed thus do not carry patentable weight. See MPEP 2111.04.
As to claim 6, (Currently Amended) Wang discloses The method according to claim 1, wherein the first request is a PDU session update request and the first response is a PDU session update response. See Fig. 2-3.
As to claim 10, (Currently Amended) Wang discloses The method according to claim 1,wherein the first request is sent and the first response is received during a procedure of UE triggered service request with intermediate SMF (I-SMF) insertion or change, a procedure of UE triggered service request without I-SMF change or removal, inter access and mobility function (AMF) idle mobility with user plane (UP) connection activation with intermediate SMF (I-SMF) insertion or change, intra AMF idle mobility with UP connection activation with intermediate SMF (I-SMF) insertion or change, or Evolved Packet System (EPS) to Fifth Generation System (5GS) Idle mode mobility using N26 interface. See Figs 2-3.
As to claim 11, (Currently Amended) Wang discloses The method according to claim 1, wherein the first SMF is an I-SMF and the second SMF is an SMF, the first SMF is a visited SMF and the second SMF is a home SMF, or the first SMF is an I-SMF and the second SMF is a Packet Data Network Gateway control plane (PGW-C) combined with SMF. See Figs 2-3.
Claims 12-17 reciprocally correspond to claims 1-4 (claims 14-16 to claim 3) and are treated the same.
As to claim 53, (Currently Amended) Wang discloses A first session management function (SMF), comprising:
a processor (inherent); and a memory (inherent) coupled to the processor, said memory containing instructions executable by said processor, whereby said first SMF is operative to:
send to a second SMF a first request comprising a state of a user plane connection or an indication, wherein the state or the indication indicates whether there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF; and
receive a first response from the second SMF, as applied above to claim 1.
Claim(s) 1-7, 10-17, and 53 is/are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Gan et al. (2021/0136864), hereinafter “Gan”.
As to claim 1, (Currently Amended) Gan discloses A method performed by a first session management function (SMF), comprising:
sending to a second SMF a first request (PDUSession_Create Request / PDUSession_Update Request) comprising a state of a user plane connection or an indication (indicator), wherein the state or the indication indicates whether there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF; and
receiving a first response (PDUSession_Create Response / PDUSession_Update Response) from the second SMF. See Figs 7-13, [0145]-[0148], [0181]-[0189], etc.
It is noted that the BRI of the method is sending data and receiving a response. The contents of the sent data (a state of a user plane connection or an indication, wherein the state or the indication indicates whether there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF) is a nonfunctional descriptive limitation not carrying patentable weight because the contents do not interact with or depend on any functional step of the method.
As to claim 2, (Original) Gan discloses The method according to claim 1, wherein the state of the user plane connection (inherently) comprises at least one of: ACTIVATED, DEACTIVATED, ACTIVATING, SUSPENDED, or a list of protocol data unit (PDU) sessions to be activated.
As to claim 3, (Currently Amended) Gan discloses The method according to claim 1, further comprising:
when the state of the user plane connection sent in the first request is ACTIVATED or DEACTIVATED or SUSPENDED or when the indication indicates there is not an ongoing procedure during which the first SMF is not able to handle update request from the second SMF, after receiving the first response from the second SMF, receiving a second request for enforcing at least one updated policy or releasing a protocol data unit (PDU) session from the second SMF; or
when the state of the user plane connection sent in the first request is ACTIVATING or when the indication indicates there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF, after receiving the first response from the second SMF and when a timer of the second SMF expires, receiving a second request for enforcing at least one updated policy or releasing a protocol data unit (PDU) session from the second SMF; or
when the first response comprises a PDU session identifier and the state of the user plane connection sent in the first request is the list of one or more PDU sessions to be activated, checking if the PDU session identifier is included in the list of one or more PDU sessions to be activated, sending information indicating that a PDU session corresponding to the PDU session identifier is activated to the second SMF when the PDU session identifier is included in the list of one or more PDU sessions to be activated and after the PDU session corresponding to the PDU session identifier is activated, and receiving a second request for enforcing at least one updated policy or releasing a PDU session from the second SMF.
See Figs. 7-13 and citations above. The claims three limitations are all contingent on a particular limitation which need not be performed thus do not carry patentable weight. See MPEP 2111.04.
As to claim 4, (Original) Gan discloses The method according to claim 3, wherein the second request is a protocol data unit (PDU) session update request. See Fig.9
As to claim 5, (Currently Amended) Gan discloses The method according to claim 3, wherein the second request comprises at least one updated policy or PDU session release information. [0143].
As to claim 6, (Currently Amended) Gan discloses The method according to claim 1, wherein the first request is a PDU session update request and the first response is a PDU session update response. See Fig.9.
As to claim 7, (Currently Amended) Gan discloses The method according to claim 1, wherein the first request is a PDU session create request and the first response is a PDU session create response. See Figs 7-13.
As to claim 10, (Currently Amended) Gan discloses The method according to claim 1,wherein the first request is sent and the first response is received during a procedure of UE triggered service request with intermediate SMF (I-SMF) insertion or change, a procedure of UE triggered service request without I-SMF change or removal, inter access and mobility function (AMF) idle mobility with user plane (UP) connection activation with intermediate SMF (I-SMF) insertion or change, intra AMF idle mobility with UP connection activation with intermediate SMF (I-SMF) insertion or change, or Evolved Packet System (EPS) to Fifth Generation System (5GS) Idle mode mobility using N26 interface. See Figs 7-13.
As to claim 11, (Currently Amended) Gan discloses The method according to claim 1, wherein the first SMF is an I-SMF and the second SMF is an SMF, the first SMF is a visited SMF and the second SMF is a home SMF, or the first SMF is an I-SMF and the second SMF is a Packet Data Network Gateway control plane (PGW-C) combined with SMF. See Figs 7-13.
Claims 12-17 reciprocally correspond to claims 1-4 (claims 14-16 to claim 3) and are treated the same.
As to claim 53, (Currently Amended) Gan discloses A first session management function (SMF), comprising:
a processor (1470); and a memory (1480) coupled to the processor, said memory containing instructions executable by said processor, whereby said first SMF is operative to:
send to a second SMF a first request comprising a state of a user plane connection or an indication, wherein the state or the indication indicates whether there is an ongoing procedure during which the first SMF is not able to handle update request from the second SMF; and
receive a first response from the second SMF, as applied above to claim 1.
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) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over either Wang or Gan as applied to claim 1 above, and further in view of Dao (2020/0329008).
As to claim 8, (Currently Amended) Either Wang or Gan disclose The method according to claim 1, is silent to yet in an analogous art Dao discloses wherein the first request further comprises information on policy control request trigger condition and (claim 9) wherein the information on policy control request trigger condition comprises at least one of: user equipment (UE) location information, a UE time zone, or a serving network function identifier. See [0392]-[0394]. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify the methods of either Wang or Gan wherein the first request further comprises information on policy control request trigger condition (claim 8) and (claim 9) wherein the information on policy control request trigger condition comprises at least one of: user equipment (UE) location information, a UE time zone, or a serving network function identifier as taught by Dao for the purpose of enabling policy updates / conveyance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5.
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, Yuwen Pan can be reached at 571-272-7855. 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.
LESTER G. KINCAID
Primary Patent Examiner
Art Unit 2649
/LESTER G KINCAID/Primary Examiner, Art Unit 2649