Prosecution Insights
Last updated: October 02, 2026
Application No. 18/786,566

METHOD AND APPARATUS FOR REGISTERING SERVICE-BASED USER PLANE, COMMUNICATION DEVICE AND SYSTEM, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jul 28, 2024
Priority
Jan 28, 2022 — CN 202210108393.2 +1 more
Examiner
LAM, KENNETH T
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
823 granted / 968 resolved
+25.0% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
980
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
58.3%
+18.3% vs TC avg
§102
11.0%
-29.0% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 968 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Claims 9-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II and Group III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/07/2026. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-6, 8, 21-26, 28-32 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2023/0319687 A1) (Kim herein after). Re Claims 1, 21 and 29, Kim discloses method for registering a service-based user plane, performed by a first network element (processor, memory, [0544]), and non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform operations (storage medium [0545]), comprising: sending a target request to a second network element (UE may extract and store the information of the allowed S-NSSAI and the mapped S-NSSAI included in the registration accept message received from the network (i.e., AMF) in the registration procedure [0184]), wherein the target request is a registration request or a registration update request (UE may extract and store the information of the allowed S-NSSAI and the mapped S-NSSAI included in the registration accept message received from the network (i.e., AMF) in the registration procedure [0184]), and the target request is used to request to register the first network element to the second network element (UE may transmit the PDU session establishment request message by including both the S-NSSAI based on the allowed NSSAI and the corresponding S-NSSAI based on the mapped NSSAI information [0184]); wherein when the first network element registers with the second network element (UE may transmit the PDU session establishment request message by including both the S-NSSAI based on the allowed NSSAI and the corresponding S-NSSAI based on the mapped NSSAI information [0184]), another network element is configured to discover the first network element through the second network element (AMF transmits an SM request message to the SMF. The SM request message may include a subscriber permanent ID, DNN, S-NSSAI, a PDU session ID, an AMD IF, N1 SM information, user location information, and an access technique type. The N1 SM information may include a PDU session ID and a PDU Session Establishment Request message [0192]). Re Claims 2, 22 and 30, Kim discloses the method according to claim 1, the first network element according to claim 21, and the non-transitory computer-readable storage medium according to claim 29, wherein the target request comprises at least one of the following: related information of the first network element or first target indication information, wherein the first target indication information is used to indicate whether the first network element is a service-based user plane network element; and the related information of the first network element comprises at least one of the following: an Internet Protocol (IP) address of User Equipment (UE), a SUbscription Permanent Identifier (SUPI) or a Generic Public Subscription Identifier (GPSI) of the UE, a Data Network Name (DNN) of the UE, Single Network Slice Selection Assistance Information (S-NSSAI) of the UE, a related service supported by the first network element, a related service that is of the first network element and that is requested for subscription, or fourth indication information, wherein the fourth indication information is used to instruct the first network element that requests service orientation to provide the related service of the first network element (UE transmits a NAS message to the AMF. The message may include Single-Network Slice Selection Assistance Information (S-NSSAI), DNN, PDU session ID, a Request type, N1 SM information (including PDU Session Request), and so on [0182]). Re Claims 3, 23 and 31, Kim discloses the method according to claim 2, the first network element according to claim 22, and the non-transitory computer-readable storage medium according to claim 30, wherein the first target indication information comprises at least one of the following: first indication information, second indication information, or third indication information, wherein the first indication information is used to indicate whether the first network element is configured to expose the related service of the first network element to another network element, the second indication information is used to indicate whether the related service of the first network element is allowed to be directly or indirectly subscribed by another network element, and the third indication information is used to indicate whether the first network element has a capability of obtaining a related service of another network element (UE may transmit a message requesting establishment of a PDU (Protocol Data Unit or Packet Data Unit) session related to this network slice to the Next Generation Radio Access Network (NG-RAN) and/or the core network [0310]). Re Claims 4, 24 and 32, Kim discloses the method according to claim 3, the first network element according to claim 23, and the non-transitory computer-readable storage medium according to claim 31, wherein the related service of the first network element comprises at least one of the following: a Quality of Service (QOS) flow bit rate of a first device, a QoS flow packet delay of the first device, a quantity of packets transmitted by the first device, a quantity of packets retransmitted by the first device, resource information of the first network element, load information of the first network element, a traffic volume of the first network element, a throughput of the first network element, a QoS monitoring report of the first network element, or QoS monitoring indication information of the first network element (N2 SM information may include a PDU session ID, a QoS profile, and CN tunnel information. The N1 SM information PDU Session Establishment Accept message. The PDU Session Establishment Accept message may include an allowed QoS rule, an SSC mode, S-NSSAI, and allocated IPv4 address [0210]), wherein the first device is the first network element or the UE, and the QoS monitoring indication information is used to indicate whether the first network element is configured to provide QoS monitoring through service-based signaling (The N2 SM information may include a PDU session ID, (AN) tunnel information, and a list of allowed/rejected QoS profiles. [0224]). Re Claims 5 and 25, Kim discloses the method according to claim 4 and the first network element according to claim 24, wherein each service in the related service of the first network element corresponds to one event identifier (QoS Profile: This is used for providing mapping between a QoS parameter and a QoS flow identifier (QFI) to the RAN [0211]); and after the sending a target request to a second network element, the method further comprises: receiving a subscription request sent by another network element (SMF transmits a Subscriber Data Request message to the UDM. The Subscriber Data Request message may include a subscriber permanent ID and DNN [0194]), wherein the subscription request is used to request to subscribe to the related service of the first network element (subscription data may include an authenticated Request type, an authenticated SSC mode, and information on a default QoS profile [0198]), and the subscription request comprises at least one event identifier (SMF transmits a Subscriber Data Request message to the UDM. The Subscriber Data Request message may include a subscriber permanent ID and DNN [0194]); and sending a service corresponding to the at least one event identifier in the related service of the first network element to the another network element through service-based signaling (SMF transmits an SM response message to the AMF. The message may include a cause, N2 SM information, and N1 SM information. The N2 SM information may include a PDU session ID, a QoS profile, and CN tunnel information. The N1 SM information PDU Session Establishment Accept message. The PDU Session Establishment Accept message may include an allowed QoS rule, an SSC mode, S-NSSAI, and allocated IPv4 address [0210]). Re Claims 6 and 26, Kim discloses the method according to claim 3 and the first network element according to claim 23, wherein the first target indication information comprises the third indication information; and the first network element has a capability of obtaining a related service of a Session Management Function (SMF) network element, and the related service of the SMF network element is a service that the SMF network element is configured to expose, wherein the related service of the SMF network element comprises at least one of the following: UE IP address or prefix provision, or UE IP address or prefix change notification; Protocol Data Unit (PDU) session establishment or PDU session release notification; a User Plane (UP) path change notification service; a change notification service of an access type; a change notification service of a Radio Access Technology (RAT) type; a Public Land Mobile Network (PLMN) change notification service; a QoS Flow Identifier (QFI) configuration service; PDU session information of a wireless local area network; user plane status information; a session management congestion control capability of a PDU session; a UE session behavior trend; UE behavior; or a UE communications trend (AMF transmits an SM request message to the SMF. The SM request message may include a subscriber permanent ID, DNN, S-NSSAI, a PDU session ID, an AMD IF, N1 SM information, user location information, and an access technique type. The N1 SM information may include a PDU session ID and a PDU Session Establishment Request message [0192]). Re Claims 8 and 28, Kim discloses the method according to claim 1 and the first network element according to claim 21, wherein after the sending a target request to a second network element, the method further comprises: receiving a target response sent by the second network element (UE may extract and store the information of the allowed S-NSSAI and the mapped S-NSSAI included in the registration accept message received from the network (i.e., AMF) in the registration procedure [0184]), wherein the target response is a registration response or a registration update response, and the target response is used to instruct the first network element to complete registration or registration update (Registration Accept message and UE Configuration Update Command from the AMF to the UE may be updated to include permissible operating band(s) of each S-NSSAI in the Configured S-NSSAI and to include permissible operating band(s) of each S-NSSAI in the Mapping of Configured S-NSSAI [0277]). Claim Rejections - 35 USC § 103 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 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) 7 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2023/0319687 A1) (Kim herein after) in view of Chong et al. (US 2022/0150685 A1) (Chong herein after). Re Claims 7 and 27, Kim discloses the method according to claim 3 and the first network element according to claim 23, except wherein the first target indication information comprises the third indication information; and the first network element is configured to obtain a related service of a NetWork Data Analytics Function (NWDAF) network element, and the related service of the NWDAF network element is an analytics function, a data collection function, or a statistical function that the NWDAF network element is configured to expose, wherein the related service of the NWDAF network element comprises at least one of the following: load level information; service experience information; network element load information; network performance statistics or prediction; UE mobility statistics or prediction; UE communication analytics or prediction; terminal abnormal behavior analytics or prediction; user data congestion analytics or prediction; QoS sustainability analytics or prediction; session management congestion control experience analytics or prediction; redundant transmission experience analytics or prediction; wireless local area network performance analytics or prediction; UE dispersion; data network performance analytics or prediction; or a capability of the related service of the NWDAF network element. However, Chong discloses communication network wherein the first network element may be a data analysis network element or any other network function network element that needs to obtain the user plane data. The data analysis network element may be the NWDAF network element shown in FIG. 1, or may be a network element that is in a future communication system and that has a function of the NWDAF network element. A data management network element in this application may be the UDM network element ([0108]). The association relationship between the UE and the SMF serving the UE may be configured by an operator, or may be stored by the NWDAF in a data collection and data association procedure. For example, if the NWDAF finds, from collected data corresponding to the UE, that session management data of the UE comes from one SMF, the SMF is determined as the SMF serving the UE. The NWDAF stores the association relationship between the UE and the SMF serving the UE ([0123]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Kim, by making use of the technique taught by Chong, in order to improve the signaling efficiency. Both references are within the same field of telecommunication, and in particular of 5G mobile communication, the modification does not change a fundamental operating principle of Kim, nor does Kim teach away from the modification (Kim merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the NWDAF network element taught by Chong is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein the first target indication information comprises the third indication information; and the first network element is configured to obtain a related service of a NetWork Data Analytics Function (NWDAF) network element, and the related service of the NWDAF network element is an analytics function, a data collection function, or a statistical function that the NWDAF network element is configured to expose, wherein the related service of the NWDAF network element comprises at least one of the following: load level information; service experience information; network element load information; network performance statistics or prediction; UE mobility statistics or prediction; UE communication analytics or prediction; terminal abnormal behavior analytics or prediction; user data congestion analytics or prediction; QoS sustainability analytics or prediction; session management congestion control experience analytics or prediction; redundant transmission experience analytics or prediction; wireless local area network performance analytics or prediction; UE dispersion; data network performance analytics or prediction; or a capability of the related service of the NWDAF network element. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tiwari et al. (US 2024/0236910 A1) – method of first access and mobility management function (AMF) for registration procedure Xu et al. (US 2024/0098675 A1) – TAG management method and related apparatus Li et al. (US 2022/0322202 A1) – path selection or path switching and charging for proximity service communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH T LAM whose telephone number is (571)270-1862. The examiner can normally be reached M-F 8:30-5:00 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, Hannah S. Wang can be reached at (571) 272-9018. 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. /KENNETH T LAM/Primary Examiner, Art Unit 2631
Read full office action

Prosecution Timeline

Jul 28, 2024
Application Filed
Sep 14, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
96%
With Interview (+11.2%)
2y 4m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 968 resolved cases by this examiner. Grant probability derived from career allowance rate.

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