DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: a user plane function element, a tag management function element, and a first network element in claim 14.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Support for these limitations can be found in figure 1 and paragraphs [0077], [0080], and [0083]-[0084] of US publication No. 2024/0381453 A1.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 14 is objected to because of the following informalities: insert a period (“.”) at the end of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 9 recites the limitation “performing the first operation on the at least one electronic tag.” Since the method of claim 9 is applied to an access network device, the access network device is performing the first operation on the at least one electronic tag. Examples of the first operation are listed in claim 11. However, the first operation(s) are performed by the electronic tag, not the access network node (see paragraphs [0034], [0057]-[0064]). For example, performing a write or erase operation on the tag involves performing a write operation in the memory bank of the electronic tag or a multi-word erasing operation in the memory banks of the electronic tag. These operations are performed in the electronic tag, not the access network node as recited in the claim. Therefore, the claim limitation “performing the first operation on the at least one electronic tag,” as recited in claim 9, is not taught, suggested, or made obvious by the applicant’s specification and thus constitutes new matter because the limitation cannot be performed in the access network node.
Claims 10-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement by virtue of being dependent on a claim 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.
Claim 15 are 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.
Claim 15 recites the limitation “a tag management function network element” and “a user plane function network element.” It is unclear as to how whether this is the same tag management function network element and user plane function network element recited in claim 14, or a second tag management function network element and user plane function network element.
Allowable Subject Matter
Claims 1-8, 14, and 16-20 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 1, the instant invention discloses determining a transmission mode based on the first information, wherein the transmission mode is transmission via a user plane; and triggering establishment of a transmission channel between an access network device and a user plane function network element, wherein the transmission channel is used for transmission of a result of the operation on the information about the electronic tag. The above novel features, in combination with the other recited limitations in the claim, are not taught, suggested, or made obvious by any prior art of record, alone, or in combination.
Claims 2-8 are allowed by virtue of being dependent on claim 1.
Regarding claim 14, the instant invention discloses an access network device configured to: determine at least one electronic tag based on the second message; perform the first operation on the at least one electronic tag; and send the execution result of the first operation to the user plane function network element; and a tag management function network element configured to: obtain first information, and determine a transmission mode based on the first information, wherein the transmission mode is transmission via a user plane; and trigger establishment of a transmission channel between the access network device and the user plane function network element, wherein the transmission channel is used for transmission of a result of the operation on the information about the electronic tag. The above novel features, in combination with the other recited limitations in the claim, are not taught, suggested, or made obvious by any prior art of record, alone, or in combination.
Claims 16-20 are allowed by virtue of being dependent on claim 14.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mueck et al US 20230007483 discloses a core network that comprises a plurality of network elements, which are configured to offer various data and telecommunications services to customers/subscribers (e.g., users of UEs and IoT devices) who are connected to the core network via a radio access network RAN.
Lee et al US 20170012956 discloses a network node implementing a user plane network function (e.g. IoTF) for data transmission initiated by an IoT device.
Kim et al US 20140213188 discloses a system provides NFC service, comprising a second mobile terminal including, an NFC module for acquiring an NFC Data Exchange Format (NDEF) message from an NFC tag and an executable NFC application supporting automatically forwarding information comprising the NFC Data Exchange Format (NDEF) message data to a first mobile terminal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUMIDE T AJIBADE AKONAI whose telephone number is (571)272-6496. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES N APPIAH can be reached at 571-272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3648
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