DETAILED ACTION
1. This office action is a response to the Application/Control Number: 18/684,621 filed on
02/16/2024.
Claims Status
2. This office action is based upon claims received on 07/06/2026, which replace all prior or other submitted versions of the claims.
-Claims 1-15 are canceled.
-Claims 16, 17, 20, 23, 24, 25, 28 are amended.
-Claims 16-30 are pending.
-Claims 16-30 are rejected.
Notice of Pre-AIA or AIA Status
3. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
4. Acknowledgment is made of a 371 of PCT/KR2022/012281, filed 08/17/2022.
5. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Response to Amendments/Remarks
6. Applicant's remarks/arguments, see page 7, filed on 07/06/2026, with respect to Claim Objections have been considered in light of applicant’s amendments. The claim objections for claims 16, 17, 23, 24, 25 as presented in the previous office action have been withdrawn in light of amendments presented as well as continued utilization by this office action of interpretation previously presented, associated with subsequent recitations of “in case” in dependent claims, after initial recitation of “in case” in the independent claims. The referenced interpretations are made to avoid any potential questions raised about antecedent basis associated with multiple instances of recitations of “in case”, i.e. made without any utilization of an article “the” prior to subsequent instances of “in case” after a first instance of “in case”. For example “in case” first recited in claim 16, and later “in case” recited in claim 17 and claim 23. These individual cases of “in case” are interpreted as distinct cases of “in case” as previously present in the most recent office action.
However, claim 16 and claim 24 continue to recite “to be”, and objections associated with “to be” remain, and are presented below.
7. Applicant's remarks/arguments, see page 7-10, filed on 07/06/2026, with respect to REMARKS/ARGUMENTS, Claim Rejections – 35 USC § 103 have been considered but are moot and not persuasive because the arguments do not apply to the new grounds of rejection being used in the current rejection.
Furthermore, remarks with respect to any applicable Dependent Claims have been considered, and are moot and not persuasive at least via dependency to the independent claims and via individual rejections addressing the specific claims.
The rejection has been revised and set forth below according to the amended claims (see Office Action).
A. To the extent this office action continues to rely on Kim et al. (US 20190141609 A1) i.e. “Kim”, and 3GPP TSG-CT WG1 Meeting #122-e C1-200420 Electronic meeting , Source Qualcomm, 20-28 February 2020 i.e. “3GPP”, where Kim and 3GGP are combined for the rejection of Claim 1 (i.e. also representative of parallel features in other independent claim 24) under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190141609 A1) i.e. “Kim”, in view of 3GPP TSG-CT WG1 Meeting #122-e C1-200420 Electronic meeting , Source Qualcomm, 20-28 February 2020 i.e. “3GPP”, further in view of CHEN (US 20170086062 A1), i.e. “CHEN”, the office respectfully contends applicant’s remarks or arguments directed to Kim and 3GPP are not persuasive.
B. Applicant in applicant’s remarks, utilizing independent claim 1, indicates:
see page 8 (ln 17-21 ) that : “the proposed combination of references as cited in the Office Action does not teach or suggest at least to "in case that the UE is configured for the high priority access in the PLMN, initiating a non access stratum (NAS) transport procedure while the BO timer is running or deactivated, wherein a NAS transport message including the CloT user data is sent in the NAS transport procedure”.
C. In response, since this office action is presented under new grounds of rejection, utilizing portions of claim 1 upon which Kim and 3GGP are relied upon in combination for the rejection of claim 1 (i.e. also representative of parallel features in other independent claim 24) under 35 U.S.C. 103 over Kim in view of 3GPP and CHEN (See office action), the office addresses applicable portions of claim 1 limitations of applicant’s contention in applicant’s remarks, where now Kim is presented in combination with 3GPP and CHEN, and where Kim and 3GPP in combination teach:
A method performed by a user equipment (UE) in a wireless communication system, (Kim – FIG. 12 & ¶0208 […] Proposal 1; ¶0209 […] In the case that a network support CIoT service, the network may forward the indication/information (e.g., NB-IoT support RAT) indicating that it is the RAT in which the CIoT service is supported to a UE through SIB or MIB information; ¶0219 a signal flowchart illustrating Method 1 of Proposal 1 schematically; ¶0220 […] First, a base station (e.g., eNodeB) 200 of a network transmits indication/information informing RAC (e.g., NB-IoT support RAT) that supports the CIoT service and access control information to a wireless device (e.g., CIoT device) 100 through MIB or SIB);
Which the office action respectfully contends and notes discloses: per FIG. 12 ¶0219 i.e. a signal flow chart reads on: A method performed, where per ¶0219 i.e. a base station (e.g., eNodeB) 200 of a network transmits indication/information informing RAC (e.g., NB-IoT support RAT) that supports the CIoT service and access control information to i.e. a wireless device (e.g., CIoT device) 100 reads on: by a user equipment (UE) per ¶0219 FIG. 12 the system comprising the UE 100 and Base station reads on: in a wireless communication system.
the method comprising: identifying cellular internet of things (CloT) user data to be sent (Kim FIG. 12 & ¶0228 […] even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer, in the case that a transmission of exceptional data is required, the NAS layer initiates the NAS signaling request procedure and determines the RRC establishment cause of the RRC connection establishment request and the call type. At this time, the RRC establishment cause is set by being determined to exceptional data. The NAS layer forwards the NAS signaling request message, the RRC establishment cause and the call type to the AS layer (i.e., RRC layer));
Which the office action respectfully contends and notes discloses: per ¶0228 i.e. even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer, i.e. in the case that a transmission of exceptional data is required reads on: the method comprising: identifying cellular internet of things (CloT) user data to be sent i.e. as applied to per ¶0219 FIG. 12 i.e. a wireless device (e.g., CIoT device) 100 ).
[[and]] identifying
or (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight) deactivated (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight) [[,]];
(Kim - ¶0228 See above);
Which the office action respectfully contends and notes discloses: per ¶0228 i.e. even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer reads on: identifying that a back off (BO) timer is running or deactivated .
[[and]] identifying whether the UE is configured for a high priority access in a mobile network, (Kim - ¶0212 […] since the service for MO exceptional service (or exceptional data or exceptional signaling) is urgent data basically, in order to guarantee the RRC connection establishment or RRC connection reestablishment, the NAS layer may provide the indication for passing/skipping the barring check of the access control for the CIoT (or RRC establishment cause field configured as MO exception) to the AS layer (i.e., RRC layer) separately from the indication/information indicating to apply the access control for the CIoT; ¶0228 See above);
Which the office action respectfully contends and notes discloses: per ¶0228 i.e. even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer per ¶0228 i.e. the NAS layer initiates the NAS signaling request procedure and determines the RRC establishment cause of the RRC connection establishment request and the call type. At this time, the RRC establishment cause is set by being determined reads on: identifying whether the UE is configured for per ¶0228 i.e. to exceptional data where per ¶0212 i.e. the service for MO exceptional service (or exceptional data or exceptional signaling) is urgent data basically, in order to guarantee the RRC connection establishment reads on: reads on: a high priority access in a mobile network .
and in case that the UE is configured for the high priority access, initiating a non access stratum (NAS) transport procedure while the BO timer is running or deactivated ,(Kim FIG. 12 & ¶0228 See above; ¶0229 […] the AS layer (i.e., RRC layer) identifies that the NAS signaling request is for the transmission of exceptional data based on the RRC establishment cause, and skips the barring check of the access control but does not perform it based on the indication/information indicating to apply the access control for the CIoT and the indication for passing/skipping the barring check of the access control for the CIoT with respect to exceptional data (or exceptional signaling or exceptional voice call). Accordingly, the AS layer (i.e., RRC layer) transmits the RRC connection request message);
Which the office action respectfully contends and notes discloses: Per ¶0229 i.e. the AS layer (i.e., RRC layer) identifies that the NAS signaling request is for the transmission of exceptional data based on the RRC establishment cause, and skips the barring check of the access control but does not perform it based on the indication/information indicating to apply the access control for the CIoT and the indication for passing/skipping the barring check of the access control for the CIoT with respect to exceptional data (or exceptional signaling or exceptional voice call) reads on: and in case that the UE is configured for the high priority access i.e. emphasis added i.e. in the mobile network , where per ¶0229 i.e. the AS layer (i.e., RRC layer) transmits the RRC connection request message reads on: initiating a non access stratum (NAS) transport procedure as per ¶0229 applies to i.e. the indication for passing/skipping the barring check of the access control for the CIoT with respect to exceptional data and i.e. the NAS signaling request, where furthermore FIG. 12 depicts the barring timer running after barring indication reads on: while the BO timer is running or deactivated ).
The office action furthermore notes that:
Kim does not appear to explicitly teach or strongly suggest (Note: i.e. see italicized portions): access in a public land mobile network (PLMN);
To teach the above referenced claim limitations in combination, the office combines teachings from 3GPP, where:
3GPP teaches: the method comprising: identifying that a back off (BO) timer is running or deactivated, [[and]] identifying whether the UE is configured for a high priority access in a public land mobile network (PLMN), and in case that the UE is configured for the high priority access in the PLMN, initiating a non access stratum (NAS) transport procedure (3GPP Section 6.2.7 […] Handling of DNN based congestion control; ln 14-17 […] If T3396 is running or is deactivated, then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN or without a DNN unless the UE is a UE configured for high priority access in selected PLMN or to report a change of 3GPP PS data off UE status);
Which the office action respectfully contends and notes discloses: as applied to congestion control i.e. per ln 14-17 i.e. If T3396 is running or is deactivated reads on: the method comprising: identifying that a back off (BO) timer is running or deactivated , and per Ln 14-17 i.e. unless the UE is a UE configured for high priority access in selected PLMN reads on: identifying whether the UE is configured for a high priority access in a public land mobile network (PLMN) , where i.e. then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN or without a DNN unless the UE is a UE configured for high priority access i.e. the alternate case of i.e. unless when UE is configured for high priority access reads on: and in case that the UE is configured for the high priority access in the PLMN, i.e. in the alternate case UE allowed to initiate the PDU session establishment procedure reads on: initiating a non access stratum (NAS) transport procedure for sending the CloT user data.
The office action furthermore notes that:
Kim in view of 3GPP does not appear to explicitly teach or strongly suggest (Note: i.e. see italicized portions of claim limitations ): wherein a NAS transport message including the CIoT user data is sent in the NAS transport procedure;
To teach the above referenced limitations, the office action combines prior art CHEN from a similar field of endeavor which also teaches other overlapping features. Applicant is directed to the new grounds of rejection (see office action ) for teachings of CHEN.
D. As such, the office action respectfully contends that applicant’s remarks or arguments as cited and directed to Kim and 3GPP are not persuasive since Kim and 3GPP as relied upon, teaches and reads upon portions of claim 1 elements of applicant’s contention as referenced. Furthermore the office action relies upon disclosures of Kim in view of 3GPP and CHEN in combination as presented in the 35 U.S.C. 103 rejection presented herein (See office action), for the rejection of the entirety of claim 1 (i.e. as also applicable to parallel features in claim 24).
Furthermore, the office action respectfully contends that applicant’s arguments against prior art Kim and 3GPP are directed against the references individually, and one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references used to address the rejection of applicant’s claims (See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986)).
E. Applicant is respectfully directed to the new grounds of rejection of claims now presented under 35 U.S.C. 103 as being unpatentable over Kim in view of 3GPP and CHEN, where the disclosure of each and every limitation of the now presented Claim 1 (i.e. as also applicable to parallel features in claim 24) is taught and rejected.
The rejection has been revised and set forth below according to the amended claims (see Office Action).
Claim Objections
8. Claim 16, 24 are objected to because of the following informalities:
A. Regarding claims 16, 24, these claims recite the terms "user data to be sent", which are not a positively cited claim language. Language that suggests or makes optional/intended use (for example, “so that”; “thereby”; “capable of”; “adapted to”; “able to”; “enable to”; “can be”; “may be”; “should be”; “….able”; “combinable”; “configurable”) but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation(s). Such clauses may render parts of the claims optional (see MPEP 2106 and 2111.04). [Note: the limitation recites after “to be” clause is not given patentable weight because it is optional for the positively processing steps. The term may raise a question as to the limiting effect of the language in a claim. A similar alternative term such as a positive action verb to perform the function without any unnecessary ambiguity is suggested.
Examiner interprets the subject claims listed as best possible. Applicant is requested to review and address questions raised and clarify applicant’s objective for the referred to claim language.
Claim Rejections - 35 USC § 103
9. 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
the rationale supporting the rejection, would be the same under either status.
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.
10. Claims 16-22, 24-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190141609 A1) i.e. “Kim”, in view of 3GPP TSG-CT WG1 Meeting #122-e C1-200420 Electronic meeting , Source Qualcomm, 20-28 February 2020 i.e. “3GPP”, further in view of CHEN (US 20170086062 A1), i.e. “CHEN”
Regarding Claim 16. (Currently Amended) Kim teaches: A method performed by a user equipment (UE) in a wireless communication system (Kim – FIG. 12 & ¶0208 […] Proposal 1; ¶0209 […] In the case that a network support CIoT service, the network may forward the indication/information (e.g., NB-IoT support RAT) indicating that it is the RAT in which the CIoT service is supported to a UE through SIB or MIB information; ¶0219 a signal flowchart illustrating Method 1 of Proposal 1 schematically; ¶0220 […] First, a base station (e.g., eNodeB) 200 of a network transmits indication/information informing RAC (e.g., NB-IoT support RAT) that supports the CIoT service and access control information to a wireless device (e.g., CIoT device) 100 through MIB or SIB;
NOTE-DISCLOSURE & TEACHING: per FIG. 12 ¶0219 i.e. a signal flow chart reads on: A method performed, where per ¶0219 i.e. a base station (e.g., eNodeB) 200 of a network transmits indication/information informing RAC (e.g., NB-IoT support RAT) that supports the CIoT service and access control information to i.e. a wireless device (e.g., CIoT device) 100 reads on: by a user equipment (UE) per ¶0219 FIG. 12 the system comprising the UE 100 and Base station reads on: in a wireless communication system),
the method comprising: identifying cellular internet of things (CloT) user data to be sent (Kim FIG. 12 & ¶0228 […] even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer, in the case that a transmission of exceptional data is required, the NAS layer initiates the NAS signaling request procedure and determines the RRC establishment cause of the RRC connection establishment request and the call type. At this time, the RRC establishment cause is set by being determined to exceptional data. The NAS layer forwards the NAS signaling request message, the RRC establishment cause and the call type to the AS layer (i.e., RRC layer);
NOTE-DISCLOSURE & TEACHING: per ¶0228 i.e. even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer, i.e. in the case that a transmission of exceptional data is required reads on: the method comprising: identifying cellular internet of things (CloT) user data to be sent i.e. as applied to per ¶0219 FIG. 12 i.e. a wireless device (e.g., CIoT device) 100 );
[[and]] identifying
or (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight) deactivated (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight)
(Kim - ¶0228 See above; NOTE-DISCLOSURE & TEACHING: per ¶0228 i.e. even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer reads on: identifying that a back off (BO) timer is running or deactivated ) [[,]];
[[and]] identifying whether the UE is configured for a high priority access in a mobile network (Kim - ¶0212 […] since the service for MO exceptional service (or exceptional data or exceptional signaling) is urgent data basically, in order to guarantee the RRC connection establishment or RRC connection reestablishment, the NAS layer may provide the indication for passing/skipping the barring check of the access control for the CIoT (or RRC establishment cause field configured as MO exception) to the AS layer (i.e., RRC layer) separately from the indication/information indicating to apply the access control for the CIoT; ¶0228 See above;
NOTE-DISCLOSURE & TEACHING: per ¶0228 i.e. even before the Barring timer expires or even before receiving the indication/information informing access barring alleviation according to the expiration of the Barring timer per ¶0228 i.e. the NAS layer initiates the NAS signaling request procedure and determines the RRC establishment cause of the RRC connection establishment request and the call type. At this time, the RRC establishment cause is set by being determined reads on: identifying whether the UE is configured for per ¶0228 i.e. to exceptional data where per ¶0212 i.e. the service for MO exceptional service (or exceptional data or exceptional signaling) is urgent data basically, in order to guarantee the RRC connection establishment reads on: reads on: a high priority access in a mobile network ),
and in case that the UE is configured for the high priority access, initiating a non access stratum (NAS) transport procedure while the BO timer is running or deactivated (Kim FIG. 12 & ¶0228 See above; ¶0229 […] the AS layer (i.e., RRC layer) identifies that the NAS signaling request is for the transmission of exceptional data based on the RRC establishment cause, and skips the barring check of the access control but does not perform it based on the indication/information indicating to apply the access control for the CIoT and the indication for passing/skipping the barring check of the access control for the CIoT with respect to exceptional data (or exceptional signaling or exceptional voice call). Accordingly, the AS layer (i.e., RRC layer) transmits the RRC connection request message;
NOTE-DISCLOSURE & TEACHING: Per ¶0229 i.e. the AS layer (i.e., RRC layer) identifies that the NAS signaling request is for the transmission of exceptional data based on the RRC establishment cause, and skips the barring check of the access control but does not perform it based on the indication/information indicating to apply the access control for the CIoT and the indication for passing/skipping the barring check of the access control for the CIoT with respect to exceptional data (or exceptional signaling or exceptional voice call) reads on: and in case that the UE is configured for the high priority access i.e. emphasis added i.e. in the mobile network , where per ¶0229 i.e. the AS layer (i.e., RRC layer) transmits the RRC connection request message reads on: initiating a non access stratum (NAS) transport procedure as per ¶0229 applies to i.e. the indication for passing/skipping the barring check of the access control for the CIoT with respect to exceptional data and i.e. the NAS signaling request, where furthermore FIG. 12 depicts the barring timer running after barring indication reads on: while the BO timer is running or deactivated ),
Kim does not appear to explicitly teach or strongly suggest (Note: i.e. see italicized portions): access in a public land mobile network (PLMN);
3GPP teaches: the method comprising: identifying that a back off (BO) timer is running or deactivated, [[and]] identifying whether the UE is configured for a high priority access in a public land mobile network (PLMN), and in case that the UE is configured for the high priority access in the PLMN, initiating a non access stratum (NAS) transport procedure (3GPP Section 6.2.7 […] Handling of DNN based congestion control; ln 14-17 […] If T3396 is running or is deactivated, then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN or without a DNN unless the UE is a UE configured for high priority access in selected PLMN or to report a change of 3GPP PS data off UE status;
NOTE-DISCLOSURE & TEACHING: as applied to congestion control i.e. per ln 14-17 i.e. If T3396 is running or is deactivated reads on: the method comprising: identifying that a back off (BO) timer is running or deactivated , and per Ln 14-17 i.e. unless the UE is a UE configured for high priority access in selected PLMN reads on: identifying whether the UE is configured for a high priority access in a public land mobile network (PLMN) , where i.e. then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN or without a DNN unless the UE is a UE configured for high priority access i.e. the alternate case of i.e. unless when UE is configured for high priority access reads on: and in case that the UE is configured for the high priority access in the PLMN, i.e. in the alternate case UE allowed to initiate the PDU session establishment procedure reads on: initiating a non access stratum (NAS) transport procedure for sending the CloT user data);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim with teachings of 3GPP, since 3GPP enables procedures where Congestion mechanisms will be applicable to control plane CIoT optimizations, and User experience will not be degraded (3GPP – Page 1 Consequences if not approved Ln 23- 30).
While Kim in view of 3GPP teaches: A method performed by a user equipment (UE) in a wireless communication system, the method comprising: identifying cellular internet of things (CIoT) user data to be sent; [[and]] identifying identifying whether the UE is configured for a high priority access in a public land mobile network (PLMN)[[,]]; and in case that the UE is configured for the high priority access in the PLMN, initiating a non access stratum (NAS) transport procedure while the BO timer is running or deactivated,
Kim in view of 3GPP does not appear to explicitly teach or strongly suggest (Note: i.e. see italicized portions of claim limitations ): wherein a NAS transport message including the CIoT user data is sent in the NAS transport procedure;
CHEN teaches: initiating a non access stratum (NAS) transport procedure (CHEN FIG. 7A , FIG. 7B & ¶0059 […] In response to initiating small CIoT data transmission, the mobile communication device 10 sends an RRC Connection Setup Complete message comprising a Service Request message and an indicator for CIoT data to the serving cellular station (step S702) […] ; ¶0060 […] Subsequently, the cellular station informs the mobile communication device 10 to send the CIoT data (step S705), and the mobile communication device 10 includes the CIoT data in a NAS PDU of an UL Information Transfer message and sends the UL Information Transfer message to the cellular station (step S706)) […] ;
NOTE-DISCLOSURE & TEACHING: Per FIG. 7A & 7B & ¶0059 i.e. the mobile communication device 10 sends an RRC Connection Setup Complete message comprising a Service Request message and an indicator for CIoT data to the serving cellular station where per ¶0060 i.e. Subsequently, the cellular station informs the mobile communication device 10 to send the CIoT data (step S705), and the mobile communication device 10 includes the CIoT data in a NAS PDU of an UL Information Transfer message i.e. a Service Request message and an indicator for CIoT data result in i.e. a NAS PDU of an UL Information Transfer message reads on: initiating a non access stratum (NAS) transport procedure );
wherein a NAS transport message including the CIoT user data is sent in the NAS transport procedure (CHEN FIG. 7A , FIG. 7B & ¶0059 7 ¶0060 see above; NOTE-DISCLOSURE & TEACHING: Per FIG. 7A & 7B & ¶0060 i.e. Subsequently, the cellular station informs the mobile communication device 10 to send the CIoT data (step S705), and the mobile communication device 10 includes the CIoT data in a NAS PDU of an UL Information Transfer message reads on: wherein a NAS transport message including the CIoT user data i.e. and sends the UL Information Transfer message to the cellular station (step S706) reads on: is sent in the NAS transport procedure );
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP, with teachings of CHEN, since CHEN enables advantageously, small CIoT data transmission be achieved using only control-plane messages, without the need to establish user-plane Data Radio Bearers (DRBs) and activate AS security for user-plane DRB (CHEN – ¶0064).
Regarding Claim 17. (Currently Amended) Kim in view of 3GPP and CHEN teaches: The method of claim 16,
furthermore 3GPP teaches: wherein the NAS transport procedure is initiated, in case that the BO timer is running or deactivated, and the UE is configured to report a change of packet switched (PS) data off UE status (3GPP - 3GPP Section 6.2.7 […] See claim 16 ; ln 14-17 […] See claim 16; NOTE-DISCLOSURE & TEACHING: as applied to congestion control i.e. per ln 14-17 i.e. If T3396 is running or is deactivated, then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN or without a DNN i.e. unless the UE is a UE configured i.e. in which case UE is i.e. allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN reads on: wherein the NAS transport procedure is initiated , and where the condition includes i.e. If T3396 is running or is deactivated reads on: in case that the BO timer is running or deactivated, where the “unless” condition includes a UE configured for high priority access in selected PLMN i.e. or to report a change of 3GPP PS data off UE status reads on: and the UE is configured to report a change of packet switch (PS) data off UE status ),
;
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP and CHEN, further with teachings of 3GPP, since 3GPP enables procedures where Congestion mechanisms will be applicable to control plane CIoT optimizations, and User experience will not be degraded (3GPP – Page 1 Consequences if not approved Ln 23- 30).
Regarding Claim 18. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The method of claim 16,
furthermore 3GPP teaches: wherein the BO timer includes at least one of (note: limitations subsequent to recitation “at least one of” are interpreted as presented in the alternative and not required together i.e. for the purposes of carrying patentable weight)
a first BO timer associated with a data network name (DNN) (3GPP - 3GPP Section 6.2.7 […] See claim 16 ; ln 14-17 […] See claim 16; NOTE-DISCLOSURE & TEACHING: as applied to congestion control i.e. per ln 14-17 i.e. If T3396 is running or is deactivated reads on: wherein the BO timer includes at least one of a first BO timer, where i.e. If T3396 is running or is deactivated, then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization for the respective DNN reads on: associated with a data network name (DNN) ),
a second BO timer associated with a combination of the DNN and a single network slice selection assistance information (S-NSSAI) (note: limitations subsequent to recitation “at least one of” are interpreted as presented in the alternative and not required together i.e. for the purposes of carrying patentable weight),
or (note: limitations separated by a recitation “or” are interpreted as presented in the alternative and not required together i.e. for the purposes of patentable weight)
a third BO timer associated with the S-NSSAI (note: limitations subsequent to recitation “at least one of” are interpreted as presented in the alternative and not required together i.e. for the purposes of carrying patentable weight).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP and CHEN, further with teachings of 3GPP, since 3GPP enables procedures where Congestion mechanisms will be applicable to control plane CIoT optimizations, and User experience will not be degraded (3GPP – Page 1 Consequences if not approved Ln 23- 30).
Regarding Claim 19. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The method of claim 18,
furthermore 3GPP teaches: wherein the first BO timer includes a T3396 timer (3GPP - 3GPP Section 6.2.7 […] See claim 16 ; ln 14-17 […] See claim 16; NOTE-DISCLOSURE & TEACHING: as applied to congestion control i.e. per ln 14-17 i.e. If T3396 is running or is deactivated reads on: wherein the first BO timer includes a T3396 timer), the second BO timer includes a T3584 timer (NOTE: Claim 19 depends from claim 18, and the claim 19 limitations recite “the second BO timer” and “the third BO timer” which associate with and recite “a second BO timer” and “a third BO timer” presented in the alternative in claim 18, and therefore the limitations in claim 19 “the second BO timer” and “the third BO timer” are also deemed and interpreted as presented in the alternative and not required),
and the third BO timer includes a T3585 timer (NOTE: Claim 19 depends from claim 18, and the claim 19 limitations recite “the second BO timer” and “the third BO timer” which associate with and recite “a second BO timer” and “a third BO timer” presented in the alternative in claim 18, and therefore the limitations in claim 19 “the second BO timer” and “the third BO timer” are also deemed and interpreted as presented in the alternative and not required).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP and CHEN, further with teachings of 3GPP, since 3GPP enables procedures where Congestion mechanisms will be applicable to control plane CIoT optimizations, and User experience will not be degraded (3GPP – Page 1 Consequences if not approved Ln 23- 30).
Regarding Claim 20. (Currently Amended) Kim in view of 3GPP and CHEN teaches: The method of claim 16,
furthermore CHEN teaches: wherein the CIoT user data is transmitted (CHEN FIG. 7A , FIG. 7B & ¶0059 7 ¶0060 see above; NOTE-DISCLOSURE & TEACHING: Per FIG. 7A & 7B & ¶0060 i.e. Subsequently, the cellular station informs the mobile communication device 10 to send the CIoT data (step S705), and the mobile communication device 10 includes the CIoT data in a NAS PDU of an UL Information Transfer message reads on: wherein the CIoT user data is transmitted i.e. and sends the UL Information Transfer message to the cellular station (step S706) and i.e. a NAS PDU reads on: via a control plane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP and CHEN, further with teachings of 3GPP, since 3GPP enables procedures where Congestion mechanisms will be applicable to control plane CIoT optimizations, and User experience will not be degraded (3GPP – Page 1 Consequences if not approved Ln 23- 30).
Regarding Claim 21. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The method of claim 16,
furthermore Kim teaches: further comprising: receiving, from a base station, a message including a value of the BO timer (Kim ¶0139 […] if the core network performs the NAS level congestion control, a back-off timer value is transmitted to a UE in an idle mode or a connected mode by being carried on a NAS reject message. In this case, the UE does not request an EMM/GMM/(E)SM signal to the network until the back-off timer expires.; NOTE-DISCLOSURE & TEACHING: per ¶0139 i.e. a back-off timer value is transmitted to a UE in an idle mode or a connected mode by being carried on a NAS reject message such as from eNodeB in FIG. 12 reads on: further comprising: receiving, from a base station, a message including a value of the BO timer);
and starting the BO timer based on the value of the BO timer (Kim ¶0139 See above; NOTE-DISCLOSURE & TEACHING: per ¶0139 i.e. the UE does not request an EMM/GMM/(E)SM signal to the network until the back-off timer expires reads on: and starting the BO timer based on the value of the BO timer such as also per FIG. 12 & ¶0226 i.e. the AS layer (i.e., RRC layer) forwards an indication indicating that the access is barred to the NAS layer. Further, the AS layer (i.e., RRC layer) drives a Barring timer. When the Barring timer expires, the AS layer informs by providing indication/information informing access barring alleviation to the NAS layer. ).
Regarding Claim 22. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The method of claim 16,
furthermore 3GPP teaches: wherein the BO timer corresponds to a fifth generation session management (5GSM) timer (3GPP - 3GPP Section 6.2.7 […] See claim 16 ; ln 11-17 […] The timer T3396 associated with no DNN will never be started due to any 5GSM procedure related to an emergency PDU session also See claim 16; NOTE-DISCLOSURE & TEACHING: as applied to congestion control i.e. per ln 14-17 i.e. If T3396 is running or is deactivated reads on: wherein the BO timer, where i.e. If T3396 is running or is deactivated, then the UE is neither allowed to initiate the PDU session establishment procedure nor, the PDU session modification procedure nor the transfer of user data using control plane CIoT 5GS optimization, where i.e. The timer T3396 associated with no DNN will never be started due to any 5GSM procedure related to an emergency PDU session reads on: corresponds to a fifth generation session management (5GSM) timer for the respective DNN).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP and CHEN, further with teachings of 3GPP, since 3GPP enables procedures where Congestion mechanisms will be applicable to control plane CIoT optimizations, and User experience will not be degraded (3GPP – Page 1 Consequences if not approved Ln 23- 30).
Regarding Claim 24. (Currently Amended) KIM teaches: A user equipment (UE) in a wireless communication system(KIM – FIG. 12 & ¶0208 […] Proposal 1; ¶0209 […] In the case that a network support CIoT service, the network may forward the indication/information (e.g., NB-IoT support RAT) indicating that it is the RAT in which the CIoT service is supported to a UE through SIB or MIB information; ¶0219 a signal flowchart illustrating Method 1 of Proposal 1 schematically; ¶0220 […] First, a base station (e.g., eNodeB) 200 of a network transmits indication/information informing RAC (e.g., NB-IoT support RAT) that supports the CIoT service and access control information to a wireless device (e.g., CIoT device) 100 through MIB or SIB;
NOTE-DISCLOSURE & TEACHING: per FIG. 12 ¶0219 i.e. a signal flow chart, where per ¶0219 i.e. a base station (e.g., eNodeB) 200 of a network transmits indication/information informing RAC (e.g., NB-IoT support RAT) that supports the CIoT service and access control information to i.e. a wireless device (e.g., CIoT device) 100 reads on: A user equipment (UE) per ¶0219 FIG. 12 the system comprising the UE 100 and Base station reads on: in a wireless communication system),
the UE comprising: a transceiver; and a controller coupled with the transceiver and configured to (FIG.14 & ¶0285 […] the wireless device 100 includes a storage means 101, a controller 102 and a transceiver unit 103; ¶0287 […] the controllers 102 and 202 perform the methods stored in the storage means 101 ; NOTE-DISCLOSURE & TEACHING: per FIG. 14 & ¶0285 i.e. a controller 102 and a transceiver unit 103 reads on: the UE comprising: a transceiver; and a controller coupled with the transceiver . Per ¶0287 i.e. the controllers 102 and 202 perform the methods stored reads on: and configured to: ):
(See the rejection of Claim 16, Claim 24 recites similar and parallel features to Claim 16, and the rationale for the rejection of Claim 16 applies similarly to Claim 24. Where applicable, minor differences between claims are noted as appropriate)
identify cellular internet of things (CIoT) user data to be sent, [[and]] identity identify whether the UE is configured for a high priority access in a public land mobile network (PLMN)[[,]]2and in case that the UE is configured for the high priority access in the PLMN, initiate a non access stratum (NAS) transport procedure while the BO timer is running or deactivated wherein a NAS transport message including the CIoT user data is sent in the NAS transport procedure (See the rejection of Claim 16, Claim 24 recites similar and parallel features to Claim 16, and the rationale for the rejection of Claim 16 applies similarly to Claim 24. Where applicable, minor differences between claims are noted as appropriate).
Regarding Claim 25. (Currently Amended) Kim in view of 3GPP and CHEN teaches: The UE of claim 24,
(See the rejection of Claim 17, Claim 25 recites similar and parallel features to Claim 17, and the rationale for the rejection of Claim 17 applies similarly to Claim 25. Where applicable, minor differences between claims are noted as appropriate) wherein the NAS transport procedure is initiated, in case that the BO timer is running or deactivated, and the UE is configured to report a change of packet switch (PS) data off UE status(See the rejection of Claim 17, Claim 25 recites similar and parallel features to Claim 17, and the rationale for the rejection of Claim 17 applies similarly to Claim 25. Where applicable, minor differences between claims are noted as appropriate).
Regarding 26. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The UE of claim 24,
(See the rejection of Claim 18, Claim 26 recites similar and parallel features to Claim 18, and the rationale for the rejection of Claim 18 applies similarly to Claim 26. Where applicable, minor differences between claims are noted as appropriate)
wherein the BO timer includes at least one of a first BO timer associated with a data network name (DNN), a second BO timer associated with a combination of the DNN and a single network slice selection assistance information (S-NSSAI), or a third BO timer associated with the S-NSSAI(See the rejection of Claim 18, Claim 26 recites similar and parallel features to Claim 18, and the rationale for the rejection of Claim 18 applies similarly to Claim 26. Where applicable, minor differences between claims are noted as appropriate).
Regarding Claim 27. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The UE of claim 26, (See the rejection of Claim 19, Claim 27 recites similar and parallel features to Claim 19, and the rationale for the rejection of Claim 19 applies similarly to Claim 27. Where applicable, minor differences between claims are noted as appropriate) wherein the first BO timer includes a T3396 timer, the second BO timer includes a T3584 timer, and the third BO timer includes a T3585 timer (See the rejection of Claim 19, Claim 27 recites similar and parallel features to Claim 19, and the rationale for the rejection of Claim 19 applies similarly to Claim 27. Where applicable, minor differences between claims are noted as appropriate).
Regarding Claim 28. (Currently Amended) Kim in view of 3GPP and CHEN teaches: The UE of claim 24,
(See the rejection of Claim 20, Claim 28 recites similar and parallel features to Claim 20, and the rationale for the rejection of Claim 20 applies similarly to Claim 28. Where applicable, minor differences between claims are noted as appropriate) wherein the CIoT user data is transmitted (See the rejection of Claim 20, Claim 28 recites similar and parallel features to Claim 20, and the rationale for the rejection of Claim 20 applies similarly to Claim 28. Where applicable, minor differences between claims are noted as appropriate).
Regarding Claim 29. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The UE of claim 24,
(See the rejection of Claim 21, Claim 29 recites similar and parallel features to Claim 21, and the rationale for the rejection of Claim 21 applies similarly to Claim 29. Where applicable, minor differences between claims are noted as appropriate) wherein the controller is further configured to: receive, from a base station, a message including a value of the BO timer, and start the BO timer based on the value of the BO timer (See the rejection of Claim 21, Claim 29 recites similar and parallel features to Claim 21, and the rationale for the rejection of Claim 21 applies similarly to Claim 29. Where applicable, minor differences between claims are noted as appropriate).
Regarding Claim 30. (Previously Presented) Kim in view of 3GPP and CHEN teaches: The UE of claim 24, (See the rejection of Claim 22, Claim 30 recites similar and parallel features to Claim 22, and the rationale for the rejection of Claim 22 applies similarly to Claim 30. Where applicable, minor differences between claims are noted as appropriate) wherein the BO timer corresponds to a fifth generation session management (5GSM) timer(See the rejection of Claim 22, Claim 30 recites similar and parallel features to Claim 22, and the rationale for the rejection of Claim 22 applies similarly to Claim 30. Where applicable, minor differences between claims are noted as appropriate).
11. Claims 23 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of 3GPP and CHEN, further in view of GRIOT et .al (US 20180098240 A1), i.e. “GRIOT”.
Regarding Claim 23. (Currently Amended) Kim in view of 3GPP and CHEN teaches: The method of claim 16,
Kim in view of 3GPP and CHEN does not appear to explicitly teach or strongly suggest (i.e. See Italicized portions): stopping the BO timer in case that downlink CIoT user data is received from a base station;
GRIOT teaches: further comprising: stopping the BO timer in case that downlink CIoT user data is received from a base station (GRIOT ¶0093 […] while the back-off timer is running, the UE may not send any NAS messages to the MME if a NAS data PDU with user data is included (i.e., data transfer via Control Plane CIoT EPS Optimization). However, there are a few exceptions.[…] if the UE receives MT data while the back-off timer is running, the UE may stop the back-off timer.; NOTE-DISCLOSURE & TEACHING: per ¶0093 i.e. the UE may stop the back-off timer reads on: further comprising: stopping the BO timer , where UE is associated with NAS data PDU with user data is included (i.e., data transfer via Control Plane CIoT EPS Optimization) and per ¶0093 i.e. if the UE receives MT data while the back-off timer is running the UE may stop the back-off timer reads on: in case that downlink CIoT user data is received from a base station ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of 3GPP and CHEN, with teachings of GRIOT, since GRIOT enables improved communications between access points and stations in a wireless network (GRIOT - ¶0005).
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 MALICK A SOHRAB whose telephone number is (571)272-4347. The examiner can normally be reached on Mo-Fri 9:00 am - 5:00 pm. 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, Edan Orgad can be reached on (571) 272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A.S./
Examiner, Art Unit 2414
08/07/2026.
/EDAN ORGAD/Supervisory Patent Examiner, Art Unit 2414
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