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 .
2. EXAMINER’S NOTE: The claims have been reviewed and considered under the new guidance pursuant to the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG 2019) issued January 7, 2019.
3. This communication is in response to Applicant’s claims filed on 17 July 2024. Claims 1-10 remain pending.
Information Disclosure Statement
4. The Information Disclosure Statement respectfully submitted on 17 July 2024 has been considered by the Examiner.
Continued Prosecution Application
5. This application is a continuation-in-part of Serial No. 17/607,069 filed on 28 October 2021, which is now, US Patent No. 12,058,515, issued on 06 August 2024.
Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Instant Application 18/775,015
Issued Application 12,058,515
1. A communication system including a host computer comprising: a processing circuitry configured to provide user data; and a communication interface configured to forward the user data to a cellular network for transmission to a user equipment (UE), wherein the cellular network comprises a base station for enabling a user plane integrity protection mode in a radio access network packet data convergence protocol (PDCP), wherein the base station comprises a radio interface and a processing circuitry, and wherein the processing circuitry of the base station is configured to: receive a message from a network node that includes an indication of a user plane integrity protection (UP IP) mode supported by the UE; and send, to the UE, a message that includes an indication to activate the UP IP mode for a data radio bearer established between the UE and the base station.
2. The communication system of claim 1, further including the base station.
3. The communication system of claim 2, further including the UE, wherein the UE is configured to communicate with the base station.
4. The communication system of claim 3, wherein: the processing circuitry of the host computer is configured to execute a host application, thereby providing the user data; and the UE comprises processing circuitry configured to execute a client application associated with the host application.
5. A method implemented in a communication system including a host computer, a base station and a user equipment (UE), the method comprising: at the host computer, providing user data; and at the host computer, initiating a transmission carrying the user data to the UE via a cellular network comprising the base station, wherein the base station performs operations comprising: receiving a message from a network node that includes an indication of a user plane integrity protection (UP IP) mode supported by the UE; and sending, to the UE, a message that includes an indication to activate the UP IP mode for a data radio bearer established between the UE and the base station.
6. The method of claim 5, further comprising: at the base station, transmitting the user data.
7. The method of claim 6, wherein the user data is provided at the host computer by executing a host application, the method further comprising: at the UE, executing a client application associated with the host application.
8. A user equipment (UE) for enabling a user plane integrity protection (UP IP) mode in a radio access network packet data convergence protocol (PDCP), the UE comprising: a processor; and a memory coupled to the processor, wherein the memory stores instructions that when executed by the processor causes the processor to: provide an indication of a UP IP mode supported by the UE; send, to a core node, an attach request that includes the indication of the UP IP mode supported by the UE; and receive, from a receiving node, an activation message that includes an indication to the UE to activate the UP IP mode for a data radio bearer established with the receiving node, wherein the receiving node is a long-term evolution (LTE) eNodeB (eNB) and wherein the UP IP mode comprises one of: the UE supports UP IP in new radio PDCP with a New Radio (NR) NodeB (gNB) in a 4G network at a full data rate, and the UE supports UP ID at a defined rate that is less than the full data rate with a gNB in a 4G network.
9. The UE of claim 8, wherein the processor of the UE is configured to: receive a handover command from a source radio access node, wherein the handover command includes a command to the UE to activate the UP IP mode for a data radio bearer established with a target radio access node.
10. The UE of claim 8, wherein the processor of the UE is configured to: receive a reconfiguration request from a master radio access node, wherein the reconfiguration request includes an indication to the UE to activate the UP IP mode for a data radio bearer established with a secondary radio access node; and activate the UP IP mode for the data radio bearer established with the secondary radio access node.
1. A method performed by an E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment, UE, for enabling a user plane integrity protection mode in a New Radio (NR) packet data convergence protocol (PDCP) the method comprising: providing an indication of a user plane integrity protection, UP IP, mode supported by the UE with respect to a 4G system; sending an attach request to a Mobility Management Entity (MME) that includes the indication of the UP IP mode supported by the UE; and receiving an activation message from an eNodeB that includes an indication to the UE to activate the UP IP mode for a data radio bearer established between the UE and the eNodeB.
2. The method of claim 1, wherein the sending the attach request further comprises sending the attach request that includes a default radio bearer setup; and wherein receiving the activation message further includes an indication to the UE to activate the UP IP mode for the data radio bearer established between the UE and the eNodeB.
3. The method of claim 1, wherein the sending the attach request does not include a default radio bearer setup; and further comprising: receiving a message from a receiving node to initiate a security mode procedure with the UE where no data radio bearer with the UE is established.
4. The method of claim 1, further comprising: receiving a handover command from a source radio access node, wherein the handover command includes a command to the UE to activate the UP IP mode for a data radio bearer established with a target radio access node.
5. The method of claim 1, further comprising: receiving a reconfiguration request from a master radio access node, wherein the reconfiguration request includes an indication to the UE to activate the UP IP mode for a data radio bearer established with a secondary radio access node; and activating the UP IP mode for the data radio bearer established with the secondary radio access node.
6. A method performed by a Mobility Management Entity (MME) for enabling a user plane integrity protection mode in a New Radio (NR) packet data convergence protocol, PDCP, the method comprising: handling an indication of a user plane integrity protection mode supported by an E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment, UE, with respect to a 4G system; receiving an attach request from the UE that includes the indication of the UP IP mode supported by the UE; responsive to the attach request, establishing a secure connection between the UE and the radio access network; and sending a message to a long term evolution eNode B that includes the indication of the UP IP mode.
7. The method of claim 6, wherein the handling comprises: receiving an attach request that includes the indication of the UP IP mode and includes a default bearer setup; responsive to the attach request, establishing a secure connection between the UE and the radio access network; and sending a message to long term evolution eNode B that includes the indication of the UP IP mode.
8. The method of claim 7, further comprising: receiving a packet data network connection establishment request from the UE to establish a data bearer with the radio access network; creating a session with the gateway node to establish the default bearer with the UE; and responsive to establishing the default bearer, sending a message to the long term evolution eNodeB that includes the indication of the UP IP mode supported by the UE.
9. The method of claim 7, wherein receiving the attach request does not include a default radio bearer setup; and further comprising: sending a message to the long term evolution eNode B to initiate a context setup procedure with the long term evolution eNode B, wherein the message includes providing the UP IP mode of the UE to the long term evolution eNode B.
10. The method of claim 7, further comprising: establishing a secure packet data network connection with the UE to establish a data radio bearer with the radio access network; creating a session procedure with a gateway node to establish a default bearer with the UE; and initiating a context setup procedure with the receiving node that includes the indication of the UP IP mode supported by the UE.
11. The method of claim 6, further comprising: requesting a location update from a core network server; receiving from the core network server a location update response message that includes subscription data information for the UE as the user plane integrity protection policy; storing the user plane integrity protection policy in the MME; deciding that the user plane integrity protection policy takes precedence over the indication of the UP IP mode received in the attach request; creating a session procedure with the core network to establish a default bearer with the UE; and sending a message to long term evolution eNode B that includes the UP IP mode for the UE and the user plane integrity protection policy.
12. The method of claim 11, further comprising: sending a message to a source core node that includes the complete attach request; receiving a response to the message, wherein the response provides the UP IP mode of the UE to the target core node when the attach request is successfully authenticated; and if the attach request was not successfully integrity protected, sending a request to the UE to resend the attach request that includes the indication of the UP IP mode supported by the UE.
13. The method of claim 6, further comprising: receiving a handover request from a source node; forwarding (1) the handover request to a source core node and (2) the UP IP mode for the UE if the UP IP mode for the UE is stored in the target core node; sending a handover command request to a target node, wherein the handover command request includes the UP IP mode if it is stored in the target core node; and sending the UP IP mode to the source node.
14. A method performed by an eNodeB for enabling a user plane integrity protection mode in a New Radio (NR) packet data convergence protocol, PDCP, the method comprising: receiving a message from a Mobility Management Entity (MME) that includes an indication of a user plane integrity protection, UP IP, mode supported by an E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment with respect to a 4G system, UE; and sending a message to the UE that includes an indication to the UE to activate the UP IP mode for a data radio bearer established between the UE and the eNodeB.
15. The method of claim 14 , wherein the receiving comprises: receiving the UP IP Mode during a security mode command procedure.
16. The method of claim 14, further comprising: if the UP IP mode is received from the MME, indicating to a new radio access node that the new radio access node should activate the UP IP mode for a data radio bearer established with the UE; sending a request to the new radio access node for the new radio access node to activate the UP IP mode for the data radio bearer established with the UE; receiving a response from the new radio access node that indicates that the UP IP mode for the data radio bearer established with the UE will be activated; and initiating a reconfiguration procedure with the UE that includes indicating to the UE to activate the UP IP mode for the data radio bearer established with the new radio access node.
17. The method of claim 14, further comprising: determining a UP IP mode based on if the radio access node receives a user plane integrity protection policy from the MME that indicates that UP IP mode for the data radio bearer should be activated; responsive to receipt of the policy indicating that UP IP mode should be activated, activating the UP IP mode for the data radio bearer.
18. An E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment (UE) for enabling a user plane integrity protection mode in a New Radio (NR) packet data convergence protocol, PDCP, the user equipment comprising: a processor; and a memory coupled to the processor, wherein the memory stores instructions that when executed by the processor causes the processor to perform operations comprising: providing an indication of a user plane integrity protection, UP IP, mode supported by the UE with respect to a 4G system; sending an attach request to a Mobility Management Entity (MME) that includes the indication of the UP IP mode supported by the UE; and receiving an activation message from an eNodeB that includes an indication to the UE to activate the UP IP mode for a data radio bearer established between the UE and the eNodeB.
19. An eNodeB for enabling a user plane integrity protection mode in a New Radio (NR) packet data convergence protocol, PDCP, the eNodeB comprising: a processor; and a memory coupled to the processor, wherein the memory stores instructions that when executed by the processor causes the processor to perform operations comprising: receiving a message from a Mobility Management Entity (MME) that includes an indication of a user plane integrity protection, UP IP, mode supported by an E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment with respect to a 4G system, UE; and sending a message to the UE that includes an indication to the UE to activate the UP IP mode for a data radio bearer established between the UE and the eNodeB.
20. A Mobility Management Entity (MME) for enabling a user plane integrity protection mode in a New Radio (NR) packet data convergence protocol, PDCP, the MME comprising: a processor; and a memory coupled to the processor, wherein the memory stores instructions that when executed by the processor causes the processor to perform operations comprising: handling an indication of a user plane integrity protection mode supported by an E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment, UE, with respect to a 4G system; receiving an attach request from the UE that includes the indication of the UP IP mode supported by the UE; responsive to the attach request, establishing a secure connection between the UE and the radio access network; and sending a message to a long term evolution eNode B that includes the indication of the UP IP mode.
21. The UE of claim 18, wherein the sending the attach request further comprises sending the attach request that includes a default radio bearer setup; and wherein receiving the activation message further includes an indication to the UE to activate the UP IP mode for the data radio bearer established between the UE and the eNodeB.
22. The UE of claim 18, wherein the sending the attach request does not include a default radio bearer setup; and further comprising: receiving a message from a receiving node to initiate a security mode procedure with the UE where no data radio bearer with the UE is established.
23. The UE of claim 18, wherein the operations further comprise: receiving a handover command from a source radio access node, wherein the handover command includes a command to the UE to activate the UP IP mode for a data radio bearer established with a target radio access node.
24. The UE of claim 18, wherein the operations further comprise: receiving a reconfiguration request from a master radio access node, wherein the reconfiguration request includes an indication to the UE to activate the UP IP mode for a data radio bearer established with a secondary radio access node; and activating the UP IP mode for the data radio bearer established with the secondary radio access node.
25. The eNodeB of claim 19, wherein the receiving comprises: receiving the UP IP Mode during a security mode command procedure.
26. The eNodeB of claim 19, wherein the operations further comprise: if the UP IP mode is received from the MME, indicating to a new radio access node that the new radio access node should activate the UP IP mode for a data radio bearer established with the UE; sending a request to the new radio access node for the new radio access node to activate the UP IP mode for the data radio bearer established with the UE; receiving a response from the new radio access node that indicates that the UP IP mode for the data radio bearer established with the UE will be activated; and initiating a reconfiguration procedure with the UE that includes indicating to the UE to activate the UP IP mode for the data radio bearer established with the new radio access node.
27. The eNodeB of claim 19, wherein the operations further comprise: determining a UP IP mode based on if the radio access node receives a user plane integrity protection policy from the MME that indicates that UP IP mode for the data radio bearer should be activated; responsive to receipt of the policy indicating that UP IP mode should be activated, activating the UP IP mode for the data radio bearer.
28. The MME of claim 20, wherein the handling comprises: receiving an attach request that includes the indication of the UP IP mode and includes a default bearer setup; responsive to the attach request, establishing a secure connection between the UE and the radio access network; and sending a message to long term evolution eNode B that includes the indication of the UP IP mode.
29. The MME of claim 28, wherein the operations further comprise: receiving a packet data network connection establishment request from the UE to establish a data bearer with the radio access network; creating a session with the gateway node to establish the default bearer with the UE; and responsive to establishing the default bearer, sending a message to the long term evolution eNodeB that includes the indication of the UP IP mode supported by the UE.
30. The MME of claim 28, wherein receiving the attach request does not include a default radio bearer setup; and the operations further comprising: sending a message to the long term evolution eNode B to initiate a context setup procedure with the long term evolution eNode B, wherein the message includes providing the UP IP mode of the UE to the long term evolution eNode B.
31. The MME of claim 28, the operations further comprising: establishing a secure packet data network connection with the UE to establish a data radio bearer with the radio access network; creating a session procedure with a gateway node to establish a default bearer with the UE; and initiating a context setup procedure with the receiving node that includes the indication of the UP IP mode supported by the UE.
7. Claims 1-10 is rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 12,058,515. Although the claims at issue are not identical, they are not patentably distinct from each other because in both instances, the claims are drawn towards user plane integrity protection in 4G system. The omission of “sending an attach request to a Mobility Management Entity (MME) that includes the indication of the UP IP mode supported by the UE and handling an indication of a user plane integrity protection mode supported by an E-UTRA-NR Dual Connectivity (EN-DC) capable user equipment” does not change the scope of the claims for the instant application and the issued application. Similarly, in both instances, a similarity measure may be attained wherein a UE is enabled to use user plane integrity protection in PDCP with an eNB or gNB to protect user plane traffic sent in LTE PDCP between a UE and an eNB.
Claim Objections
8. Claim 8 is objected to because of the following informalities: In the last claim limi. there appears to be a typographical error, the term “UP ID” should be recited as “UP IP”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
9. 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.
10. Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
11. The specification does not provide any description or clear definition for the term “full data rate” and the scope of the claim is unclear. For examining purposes, the Examiner will reject the claims on the basis that “full data rate” can be interpretated as anything at capacity or above capacity is deemed at full rate.
Claim Rejections - 35 USC § 102
12. 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.
13. 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.
14. Applicant has provided evidence in this file showing that the claimed invention and the subject matter disclosed in the prior art reference were owned by, or subject to an obligation of assignment to, the same entity as Telefonaktiebolaget LM Ericsson not later than the effective filing date of the claimed invention, or the subject matter disclosed in the prior art reference was developed and the claimed invention was made by, or on behalf of one or more parties to a joint research agreement in effect not later than the effective filing date of the claimed invention. However, although reference Wifvesson et al. (WO 2019068644 A1) has been excepted as prior art under 35 U.S.C. 102(a)(2), it is still applicable as prior art under 35 U.S.C. 102(a)(1) that cannot be excepted under 35 U.S.C. 102(b)(2)(C).
Applicant may rely on the exception under 35 U.S.C. 102(b)(1)(A) to overcome this rejection under 35 U.S.C. 102(a)(1) by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application, and is therefore not prior art under 35 U.S.C. 102(a)(1). Alternatively, applicant may rely on the exception under 35 U.S.C. 102(b)(1)(B) by providing evidence of a prior public disclosure via an affidavit or declaration under 37 CFR 1.130(b).
15. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wifvesson et al. (WO 2019068644 A1).
Referring to the rejection of claim 1, Wifvesson et al. discloses a communication system including a host computer comprising: (See Wifvesson et al., Fig. 13, i.e., communication system, item 1300 comprises a host computer, item 1310)
a processing circuitry configured to provide user data; (See Wifvesson et al., Fig. 13 and pg. 37, lines 11-17, i.e., the host computer, item 1310 uses the host application, item 1312 to provide user data)
and a communication interface configured to forward the user data to a cellular network for transmission to a user equipment (UE), wherein the cellular network comprises a base station for enabling a user plane integrity protection mode in a radio access network packet data convergence protocol (PDCP), wherein the base station comprises a radio interface and a processing circuitry, and wherein the processing circuitry of the base station is configured to: (See Wifvesson et al., Fig. 13 and Col. 19, lines 10-24, Col. 22, lines 33-34, and Col. 23, lines 1-5, i.e., communication interface, item 1316, used to forwarding cellular transmission data to a 3GPP type cellular network transmission to a user equipment, item 1330 used to wirelessly access the network via a UPF, a base station, item 1320 that enables a protection layer supporting both integrity and encryption (or ciphering) for the User Plane (UP) between the UE and the RAN, i.e. the gNB. Whenever encryption or integrity is mentioned that is to mean respectively the encryption or the integrity protection feature in this protection layer. Currently in LTE that protection layer is realized by the PDCP protocol. It is expected that in Next Generation Systems, the same protection layer would be realized as well by possibly an enhanced version of the same protocol, i.e. PDCP). The base station, item 1320 comprises a radio interface, item 1327 and a processing circuitry, item 1328 wherein the base station transmits to the UE the user data which was carried in the transmission that the host computer, item 1310 the initiated)
receive a message from a network node that includes an indication of a user plane integrity protection (UP IP) mode supported by the UE; (See Wifvesson et al., pg. 24, lines 31-33, i.e., if the UE is a loT UE, then the UE could indicate that all UP data is preferred to use both encryption and integrity protection for UP data terminated in RAN)
and send, to the UE, a message that includes an indication to activate the UP IP mode for a data radio bearer established between the UE and the base station. (See Wifvesson et al., pg. 27, lines 6-8, pg. 28, line 34, and pg. 29, lines 1-7, i.e., The UE may activate encryption and/or integrity protection for this PDU Session ID between UE and (R)AN if the preference or indications received in PDU Session Establishment Accept message indicates so. If RUS_Dec indicates that UP encryption termination shall be used in RAN then RAN may activate encryption for all the radio bearers serving this Slice ID/PDU Session ID between UE and RAN and if RUS_Dec indicates that UP integrity protection termination shall be used in RAN then RAN may activate integrity protection for the all radio bearers serving this Slice ID/PDU Session ID between UE and RAN)
Referring to the rejection of claim 2, Wifvesson et al. discloses the communication system further including the base station. (See Wifvesson et al., Fig. 13 and pg. 37, lines 18-20, i.e., communication system, item 1300 comprises a base station, item 1320)
Referring to the rejection of claim 3, Wifvesson et al. discloses the communication system further including the UE, wherein the UE is configured to communicate with the base station. (See Wifvesson et al., Fig. 13, pg. 37, lines 33-34 and pg. 38, line 1, i.e., communication system, item 1300 comprises a user equipment, item 1330 and a base station, item 1320 wherein the UE can communicate with a base station via hardware, item 1335 that includes radio interface, item 1337 configured to set up and maintain a wireless connection, item 1370 with a base station)
Referring to the rejection of claim 4, Wifvesson et al. discloses wherein: the processing circuitry of the host computer is configured to execute a host application, thereby providing the user data; (See Wifvesson et al., Fig. 13-14, and pg. 39, lines 24-26, i.e., the host computer, item 1310 comprises processing circuitry, item 1318 and in steps 1410-1411, for providing the user data by executing the host application) and the UE comprises processing circuitry configured to execute a client application associated with the host application. (See Wifvesson et al., Fig. 13-14, and pg. 39, lines 29-31, i.e., the UE, item 1330 comprises processing circuitry, item 1338 and in step 1440, the UE executes a client application associated with the host application executed by the host computer)
Referring to the rejection of claim 5, Wifvesson et al. discloses a method implemented in a communication system including a host computer, a base station and a user equipment (UE), the method comprising: (See Wifvesson et al., Fig. 13 and pg. 39, lines 21-22, i.e., communication system, item 1300 comprises a host computer, item 1310, a base station, item 1320, and a user equipment, item 1330)
at the host computer, providing user data; (See Wifvesson et al., Fig. 14 and pg. 39, line 24, i.e., in step 1410, the host computer provides user data)
and at the host computer, initiating a transmission carrying the user data to the UE via a cellular network comprising the base station, wherein the base station performs operations comprising: (See Wifvesson et al., Fig. 14 and pg. 39, lines 26-31, i.e., In step 1420, the host computer initiates a transmission carrying the user data to the UE. In step 1430, the base station transmits to the UE the user data which was carried in the transmission that the host computer initiated. In step 1440, the UE executes a client application associated with the host application executed by the host computer)
receiving a message from a network node that includes an indication of a user plane integrity protection (UP IP) mode supported by the UE; (See Wifvesson et al., pg. 24, lines 31-33, i.e., if the UE is a loT UE, then the UE could indicate that all UP data is preferred to use both encryption and integrity protection for UP data terminated in RAN)
and sending, to the UE, a message that includes an indication to activate the UP IP mode for a data radio bearer established between the UE and the base station. (See Wifvesson et al., pg. 27, lines 6-8, pg. 28, line 34, and pg. 29, lines 1-7, i.e., The UE may activate encryption and/or integrity protection for this PDU Session ID between UE and (R)AN if the preference or indications received in PDU Session Establishment Accept message indicates so. If RUS_Dec indicates that UP encryption termination shall be used in RAN then RAN may activate encryption for all the radio bearers serving this Slice ID/PDU Session ID between UE and RAN and if RUS_Dec indicates that UP integrity protection termination shall be used in RAN then RAN may activate integrity protection for the all radio bearers serving this Slice ID/PDU Session ID between UE and RAN)
Referring to the rejection of claim 6, Wifvesson et al. discloses further comprising: at the base station, transmitting the user data. (See Wifvesson et al., Fig. 14 and pg. 39, lines 27-28, i.e., In step 1430, the base station transmits to the UE the user data which was carried in the transmission that the host computer initiated)
Referring to the rejection of claim 7, Wifvesson et al. discloses wherein the user data is provided at the host computer by executing a host application, the method further comprising: at the UE, executing a client application associated with the host application. (See Wifvesson et al., Fig. 14, and pg. 39, lines 29-31, i.e., In step 1440, the UE executes a client application associated with the host application executed by the host computer)
Claim Rejections - 35 USC § 103
16. 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.
17. 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.
18. Applicant has provided a submission in this file that the claimed invention and the subject matter disclosed in the prior art reference were owned by, or subject to an obligation of assignment to, the same entity as Telefonaktiebolaget LM Ericsson not later than the effective filing date of the claimed invention, or the subject matter disclosed in the prior art reference was developed and the claimed invention was made by, or on behalf of one or more parties to a joint research agreement not later than the effective filing date of the claimed invention. However, although subject matter disclosed in the reference Wifvesson et al. (WO 2019068644 A1) has been excepted as prior art under 35 U.S.C. 102(a)(2), it is still applicable as prior art under 35 U.S.C. 102(a)(1) that cannot be excepted under 35 U.S.C. 102(b)(2)(C).
Applicant may overcome this rejection under 35 U.S.C. 102(a)(1) by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application, and is therefore, not prior art as set forth in 35 U.S.C. 102(b)(1)(A). Alternatively, applicant may rely on the exception under 35 U.S.C. 102(b)(1)(B) by providing evidence of a prior public disclosure via an affidavit or declaration under 37 CFR 1.130(b).
19. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wifvesson et al. (WO 2019068644 A1) in view of Yoo et al. (Pub No. 2019/0289650).
Referring to the rejection of claim 8, (Wifvesson et al. modified by Yoo et al.) discloses a user equipment (UE) for enabling a user plane integrity protection (UP IP) mode in a radio access network packet data convergence protocol (PDCP), the UE comprising: (See Wifvesson et al., Fig. 7A and pg. 22, lines 33-34 and pg. 23, lines 1-5, i.e., a user equipment, item 14 enables a protection layer supporting both integrity and encryption (or ciphering) for the User Plane (UP) between the UE and the RAN, i.e. the gNB. Whenever encryption or integrity is mentioned that is to mean respectively the encryption or the integrity protection feature in this protection layer. Currently in LTE that protection layer is realized by the PDCP protocol. It is expected that in Next Generation Systems, the same protection layer would be realized as well by possibly an enhanced version of the same protocol, i.e. PDCP)
a processor; (See Wifvesson et al., Fig. 7A, i.e., the UE, item 14 includes a processing circuitry, item 1338 which comprises one or more processors to execute instructions)
and a memory coupled to the processor, wherein the memory stores instructions that when executed by the processor causes the processor to: (See Wifvesson et al., Fig. 7A, i.e., the UE, item 14 includes a memory, item 820 for storing instructions)
provide an indication of a UP IP mode supported by the UE; (See Wifvesson et al., pg. 24, lines 31-33, i.e., if the UE is a loT UE, then the UE could indicate that all UP data is preferred to use both encryption and integrity protection for UP data terminated in RAN)
send, an attach request that includes the indication of the UP IP mode supported by the UE; (See Wifvesson et al., pg. 24, lines 31-33, i.e., a UE to AMF request is attached and sent if the UE is a loT UE, then the UE could indicate that all UP data is preferred to use both encryption and integrity protection for UP data terminated in RAN)
and receive, from a receiving node, an activation message that includes an indication to the UE to activate the UP IP mode for a data radio bearer established with the receiving node, (See Wifvesson et al., pg. 27, lines 6-8, pg. 28, line 34 and pg. 29, lines 1-7, i.e., The UE may activate encryption and/or integrity protection for this PDU Session ID between UE and (R)AN if the preference or indications received in PDU Session Establishment Accept message indicates so. If RUS_Dec indicates that UP encryption termination shall be used in RAN then RAN may activate encryption for all the radio bearers serving this Slice ID/PDU Session ID between UE and RAN and if RUS_Dec indicates that UP integrity protection termination shall be used in RAN then RAN may activate integrity protection for the all radio bearers serving this Slice ID/PDU Session ID between UE and RAN)
and wherein the UP IP mode comprises one of: the UE supports UP IP in new radio (NR) (See Wifvesson et al., pg. 6, lines 13-17, i.e., the CN makes a decision of whether or not RAN node is to activate UP AS security, e.g., in the form of user plane integrity protection and/or confidentiality protection. Figure 1 shows this decision as being made by a CN node 16, e.g., that performs user plane session management such as by implementing a session management function (SMF) in a 5G or New Radio (NR) CN)
and the UE supports UP ID at a defined rate that is less than the full data rate with a gNB in a 4G network. (See Wifvesson et al., pg. 8, lines 11-16, pg. 19, lines 32-34, and pg. 20, lines 1-3, i.e., the UE, item 40 and the gNB, item 42 is referred to as AS (access stratum). The AS security comprises of confidentiality and integrity protection of the user plane traffic and if the user plane traffic is deemed highly sensitive or high priority, the indications may indicate that the CN activate UP AS security and that the RAN node is not allowed to override the CN's decision. But if the user plane traffic is less sensitive or lower priority, the overrule allowance indication indicate that the RAN node is allowed to override the CN's decision)
However, Wifvesson et al. fail to explicitly disclose sending an attach request to a core node and a new radio PDCP with a New Radio (NR) NodeB (gNB).
Yoo et al. discloses a method for establishing a radio bearer by a user equipment in a wireless communication system.
Yoo et al. discloses send, to a core node, an attach request; (See Yoo et al., para. 0056 and 0152, i.e., the UE, item 100 and the eNB, item 200 may establish the (default) SRB of the LTE-PDCP version corresponding to the 4G core network, item 300 through the RRC connection establishment procedure in initial access, and the UE transmit an NAS message including information related to the core network which the UE 100 desires to access and an attach request message to the eNB in one way through the RRC connection setup complete message (i.e. user plane integrity protection)
Yoo et al. discloses wherein the receiving node is a long-term evolution (LTE) eNodeB (eNB) (See Yoo et al., para. 0061, i.e., the eNB may include a 5G eNB (new radio base station (gNB)) using 5G radio access technology (New Radio (NR)), a 4G eNB (LTE-eNB) using 4G radio access technology (E-UTRA), and an eNB (eLTE eNB) using radio access technology evolved from 4G (evolved E-UTRA). Further, the eNB (eLTE eNB) may simultaneously support the 4G radio access technology and the 5G radio access technology and may access a 4G core network and a 5G core network)
Yoo et al. discloses PDCP with a New Radio (NR) NodeB (gNB) in a 4G network at a full data rate, (See Yoo et al., para. 0061, 0064, and 0323-0324, i.e., a signaling radio bearer corresponding to a core network may include at least one of a Long-Term Evolution (LTE)—Packet Data Convergence Protocol (PDCP) version SRB corresponding to the 4G core network and a New Radio—PDCP (NR-PDCP) version SRB corresponding to the 5G core network interworking together which is deemed above the capacity/higher data transmission/higher priority than that of a 4G core network)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine Wifvesson et al.’s a method for configuring user plane access stratum (AS) security in a wireless communication system that includes a radio access network (RAN) and a core network (CN) modified with Yoo et al.’s method for establishing a radio bearer by a user equipment in a wireless communication system.
Motivation for such an implementation would enable a signaling radio bearer corresponding to a core network may include at least one of a Long-Term Evolution (LTE)—Packet Data Convergence Protocol (PDCP) version SRB corresponding to the 4G core network and a New Radio—PDCP (NR-PDCP) version SRB corresponding to the 5G core network. (See Yoo et al., para. 0064)
Referring to the rejection of claim 9, (Wifvesson et al. modified by Yoo et al.) discloses wherein the processor of the UE is configured to: receive a handover command from a source radio access node, wherein the handover command includes a command to the UE to activate the UP IP mode for a data radio bearer established with a target radio access node. (See Wifvesson et al., pg. 23, lines 32-34 and pg. 24, lines 1-9, i.e., When the UE is moving in the network, and changing the point of attached to the network (i.e. handover command), the UE preference and network policy decision information need to be forwarded in the network side between the network nodes e.g. between two base-stations, or between to access management entities. Examples of such actions are: (i) In handover event, the source access management entity (AMF) informs the target AMF; (ii) In Xn-handover between two base-stations, the source base-station needs to inform the target base-station whether to enable or disable encryption and/or integrity protection of UP. This information could be sent on the Xn interface from the source node to the target node; (iii) In dual connectivity between two base-stations, the master base-station needs to inform the secondary base-station per DRB whether to enable or disable encryption and/or integrity protection of UP. This information could be sent on the Xn interface from the master base-station to the secondary base-station)
Referring to the rejection of claim 10, (Wifvesson et al. modified by Yoo et al.) discloses wherein the processor of the UE is configured to: receive a reconfiguration request from a master radio access node, wherein the reconfiguration request includes an indication to the UE to activate the UP IP mode for a data radio bearer established with a secondary radio access node; and activate the UP IP mode for the data radio bearer established with the secondary radio access node. (See Wifvesson et al., pg. 24, lines 5-9, pg. 26, lines 29-34, pg. 27, lines 1-12 and pg. 12, lines 22-26, i.e. This information could be sent on the Xn interface from the source node to the target node; (iii) In dual connectivity between two base-stations, the master base-station needs to inform the secondary base-station per DRB whether to enable or disable encryption and/or integrity protection of UP. This information could be sent on the Xn interface from the master base-station to the secondary base-station. The (R)AN indicates the policy decision to UE. If (R)AN actives encryption and/or integrity protection for this PDU Session ID/Slice ID between UE and (R)AN, then the (R)AN shall indicate the selected algorithms for integrity protection and/or encryption of UP data sent on all the radio bearers serving this PDU Session ID in the RRC Connection Reconfiguration message to the UE. The RRC Connection Reconfiguration message is integrity protected. (R)AN to UE: RRC Connection Reconfiguration (Option2: for radio bearers serving the same Slice ID/PDU Session ID: selected encryption algorithms and/or integrity algorithm for protection of UP data). The RAN performs RRC Connection Reconfiguration with the UE for all the PDU Sessions activated and Data Radio Bearers)
Conclusion
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/COURTNEY D FIELDS/Examiner, Art Unit 2436 December 29, 2025
/SHEWAYE GELAGAY/Supervisory Patent Examiner, Art Unit 2436