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 . Claims 1-15 are currently pending.
Claim Objections
Claims 10-14 are objected to under 37 CFR 1.75 as being a substantial duplicate of claims 2-6 respectively. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-4, 7-12, and 15 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by “T334 for MUSIM”, 3GPP TSG-CT WG1 Meeting #131-e, C1-215121, 24.301 CR 3549, referred hereafter as D1.
Regarding claim 1, D1 discloses a method performed by a User Equipment (UE) in a wireless communication system, the method comprising, transmitting, to a network, a SERVICE REQUEST message, wherein the SERVICE REQUEST message is a CONTROL PLANE SERVICE REQUEST message; receiving, from the network, a SERVICE ACCEPT message; and starting a timer when a condition is met (section 5.3.1.2.1 x): start the timer T3440 if the UE receives a SERVICE ACCEPT message and the UE has set request type in the UE request type IE in the CONTROL PLANE SERVICE REQUEST message).
Regarding claim 2, D1 further suggest wherein the condition is that the SERVICE ACCEPT message is received, the UE has set the Control plane service type of the CONTROL PLANE SERVICE REQUEST message to "mobile terminating request" and the "active" flag in the Control plane service type IE to 0, the user plane radio bearers have not been set up, and the CONTROL PLANE SERVICE REQUEST message was sent from EMM-IDLE mode (section Reason for Change, Case 3: UE shall send the CONTROL PLANE SERVICE REQUEST message and setting control plane service type IE to “mobile terminating request”. Setting the active flag to 0 in the request IE (Case 1)) (Section 10.2, T3440; the UE in EMM-IDLE mode without the active flag set and without the signalling active flag set, and the user plane radio bearers have not been setup as described in subclause 5.3.1.2.1 case b).
Regarding claim 3, D1 further suggest wherein the timer is T3440 (section 5.3.1.2.1 x): start the timer T3440 if the UE receives a SERVICE ACCEPT message).
Regarding claim 4, D1 further suggest wherein the condition is that the CONTROL PLANE SERVICE REQUEST message is sent, the UE did not set the Control plane service type IE to "emergency services fallback", the UE has not included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message indicates that no user-plane resources of any PDU sessions are to be re-established (section 5.3.1.2.1 d): starting the timer T3440 and the UE has no CS fallback emergency call, CS fallback call, 1xCS fallback emergency call, or 1xCS fallback call pending) (section 10.2 T3447; REGISTRATION REQUEST for mobility and periodic registration update with Follow-on request indicator set to "No follow-on request pending" and without Uplink data status IE included).
Regarding claim 7, D1 discloses a method performed by a network in a wireless communication system, the method comprising, receiving, to a User Equipment (UE), a SERVICE REQUEST message, wherein the SERVICE REQUEST message is a CONTROL PLANE SERVICE REQUEST message; and transmitting, from the network, a SERVICE ACCEPT message, wherein a timer is stared when a condition is met (section 5.3.1.2.1 x): start the timer T3440 if the UE receives a SERVICE ACCEPT message and the UE has set request type in the UE request type IE in the CONTROL PLANE SERVICE REQUEST message).
Regarding claim 8, D1 further suggest wherein the condition is at least one of: the SERVICE ACCEPT message is sent, the UE has set the Control plane service type of the CONTROL PLANE SERVICE REQUEST message to "mobile terminating request" and the "active" flag in the Control plane service type IE to 0, the user plane radio bearers have not been set up, and the CONTROL PLANE SERVICE REQUEST message was sent from EMM-IDLE mode (section Reason for Change, Case 3: UE shall send the CONTROL PLANE SERVICE REQUEST message and setting control plane service type IE to “mobile terminating request”. Setting the active flag to 0 in the request IE (Case 1)) (Section 10.2, T3440; the UE in EMM-IDLE mode without the active flag set and without the signalling active flag set, and the user plane radio bearers have not been setup as described in subclause 5.3.1.2.1 case b), the CONTROL PLANE SERVICE REQUEST message is received, the UE did not set the Control plane service type IE to "emergency services fallback", the UE has not included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message indicates that no user-plane resources of any PDU sessions are to be re- established, (section 5.3.1.2.1 d): starting the timer T3440 and the UE has no CS fallback emergency call, CS fallback call, 1xCS fallback emergency call, or 1xCS fallback call pending) (section 10.2 T3447; REGISTRATION REQUEST for mobility and periodic registration update with Follow-on request indicator set to "No follow-on request pending" and without Uplink data status IE included) or the UE did not set the Control plane service type IE to "emergency services fallback", the UE has not included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message indicates that no user-plane resources of any PDU sessions are to be re- established (section 5.3.1.2.1 d): starting the timer T3440 and the UE has no CS fallback emergency call, CS fallback call, 1xCS fallback emergency call, or 1xCS fallback call pending) (section 10.2 T3447; REGISTRATION REQUEST for mobility and periodic registration update with Follow-on request indicator set to "No follow-on request pending" and without Uplink data status IE included).
Regarding claim 9, D1 discloses a User Equipment (UE), the UE comprising: a transceiver; and a controller coupled with the transceiver and configured to control to: transmit, to a network, a SERVICE REQUEST message, wherein the SERVICE REQUEST message is a CONTROL PLANE SERVICE REQUEST message, receive, from the network, a SERVICE ACCEPT message, and start a timer when a condition is met (section 5.3.1.2.1 x): start the timer T3440 if the UE receives a SERVICE ACCEPT message and the UE has set request type in the UE request type IE in the CONTROL PLANE SERVICE REQUEST message).
Regarding claim 10, D1 further suggest wherein the condition is that the SERVICE ACCEPT message is received, the UE has set the Control plane service type of the CONTROL PLANE SERVICE REQUEST message to "mobile terminating request" and the "active" flag in the Control plane service type IE to 0, the user plane radio bearers have not been set up, and the CONTROL PLANE SERVICE REQUEST message was sent from EMM-IDLE mode (section Reason for Change, Case 3: UE shall send the CONTROL PLANE SERVICE REQUEST message and setting control plane service type IE to “mobile terminating request”. Setting the active flag to 0 in the request IE (Case 1)) (Section 10.2, T3440; the UE in EMM-IDLE mode without the active flag set and without the signalling active flag set, and the user plane radio bearers have not been setup as described in subclause 5.3.1.2.1 case b).
Regarding claim 11, D1 further suggest wherein the timer is T3440 (section 5.3.1.2.1 x): start the timer T3440 if the UE receives a SERVICE ACCEPT message).
Regarding claim 12, D1 further suggest wherein the condition is that the CONTROL PLANE SERVICE REQUEST message is sent, the UE did not set the Control plane service type IE to "emergency services fallback", the UE has not included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Uplink data status IE in the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message indicates that no user-plane resources of any PDU sessions are to be re-established (section 5.3.1.2.1 d): starting the timer T3440 and the UE has no CS fallback emergency call, CS fallback call, 1xCS fallback emergency call, or 1xCS fallback call pending) (section 10.2 T3447; REGISTRATION REQUEST for mobility and periodic registration update with Follow-on request indicator set to "No follow-on request pending" and without Uplink data status IE included).
Regarding claim 15, D1 discloses a network, the network comprising: a transceiver; and a controller coupled with the transceiver and configured to control to: receive, to a User Equipment (UE), a SERVICE REQUEST message, wherein the SERVICE REQUEST message is a CONTROL PLANE SERVICE REQUEST message, and transmit, from the network, a SERVICE ACCEPT message, wherein a timer is stared when a condition is met (section 5.3.1.2.1 x): start the timer T3440 if the UE receives a SERVICE ACCEPT message and the UE has set request type in the UE request type IE in the CONTROL PLANE SERVICE REQUEST message).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of “[J020] issue on missing indication to stop the NAS timer T3540”; 3GPP TSG-RAN WG2 Meeting #103 R2-1812945, referred hereafter as D2.
Regarding claim 5, D1 disclose all the subject matter of the claimed invention as recited in claim 1 above without explicitly suggest wherein the condition is that the UE has not included the Allowed PDU session status IE or has included the Allowed PDU session status IE indicating there is no PDU session(s) for which the UE allowed the user-plane resource to be re-established over 3GPP access in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Allowed PDU session status IE in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message does not indicate that any user-plane resources of any PDU sessions are to be re-established. However, D2 from the same or similar field of endeavor suggests wherein the condition is that the UE has not included the Allowed PDU session status IE or has included the Allowed PDU session status IE indicating there is no PDU session(s) for which the UE allowed the user-plane resource to be re-established over 3GPP access in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Allowed PDU session status IE in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message does not indicate that any user-plane resources of any PDU sessions are to be re-established (section 5.3.1.2, b); Starting the timer T3540 if the UE has not included the Allowed PDU session status IE in the REGISTRATION REQUEST message) (section 5.5.1.3.4; If the Uplink data status IE is not included in the REGISTRATION REQUEST message, the AMF may indicate the SMF to re-establish the user-plane resources for the PDU sessions). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in D1’s method/system where the condition is that the UE has not included the Allowed PDU session status IE or has included the Allowed PDU session status IE indicating there is no PDU session(s) for which the UE allowed the user-plane resource to be re-established over 3GPP access in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Allowed PDU session status IE in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message does not indicate that any user-plane resources of any PDU sessions are to be re-established as suggested by D2. The motivation would have been to add an appropriate indication to NAS (see section 1; Introduction).
Regarding claim 13, D1 disclose all the subject matter of the claimed invention as recited in claim 1 above without explicitly suggest wherein the condition is that the UE has not included the Allowed PDU session status IE or has included the Allowed PDU session status IE indicating there is no PDU session(s) for which the UE allowed the user-plane resource to be re-established over 3GPP access in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Allowed PDU session status IE in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message does not indicate that any user-plane resources of any PDU sessions are to be re-established. However, D2 from the same or similar field of endeavor suggests wherein the condition is that the UE has not included the Allowed PDU session status IE or has included the Allowed PDU session status IE indicating there is no PDU session(s) for which the UE allowed the user-plane resource to be re-established over 3GPP access in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Allowed PDU session status IE in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message does not indicate that any user-plane resources of any PDU sessions are to be re-established (section 5.3.1.2, b); Starting the timer T3540 if the UE has not included the Allowed PDU session status IE in the REGISTRATION REQUEST message) (section 5.5.1.3.4; If the Uplink data status IE is not included in the REGISTRATION REQUEST message, the AMF may indicate the SMF to re-establish the user-plane resources for the PDU sessions). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in D1’s method/system where the condition is that the UE has not included the Allowed PDU session status IE or has included the Allowed PDU session status IE indicating there is no PDU session(s) for which the UE allowed the user-plane resource to be re-established over 3GPP access in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message, or the UE has included the Allowed PDU session status IE in the SERVICE REQUEST message or the CONTROL PLANE SERVICE REQUEST message but the SERVICE ACCEPT message does not indicate that any user-plane resources of any PDU sessions are to be re-established as suggested by D2. The motivation would have been to add an appropriate indication to NAS (see section 1; Introduction).
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of Lin (US 20230035327 A1).
Regarding claim 6, D1 disclose all the subject matter of the claimed invention as recited in claim 1 above without explicitly suggest wherein the timer is T3540. However, Lin from the same or similar field of endeavor suggests wherein the timer is T3540 (paragraph [0027]; the UE can start a guard timer (T3440, or T3540) upon receiving the SERVICE ACCEPT message from the network). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in D1’s method/system the T3540 timer as suggested by Lin to guarantee releasing of NAS signal connection. The motivation would have been to improve service with better performance (paragraphs [0027] [0040]).
Regarding claim 14, D1 disclose all the subject matter of the claimed invention as recited in claim 1 above without explicitly suggest wherein the timer is T3540. However, Lin from the same or similar field of endeavor suggests wherein the timer is T3540 (paragraph [0027]; the UE can start a guard timer (T3440, or T3540) upon receiving the SERVICE ACCEPT message from the network). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in D1’s method/system the T3540 timer as suggested by Lin to guarantee releasing of NAS signal connection. The motivation would have been to improve service with better performance (paragraphs [0027] [0040]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG-CHUONG Q VU whose telephone number is (571)270-3945. The examiner can normally be reached Monday-Friday (9:30-5:30 PM EST.).
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, AYAZ SHEIKH can be reached at 571-272-3795. 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.
HOANG-CHUONG Q. VU
Primary Examiner
Art Unit 2476
/HOANG-CHUONG Q VU/Primary Examiner, Art Unit 2476
Prosecution Insights