DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the communication filed on 7/30/2024. Claims 1-20 are pending.
Examiner Note
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Priority
This application claims priority of 63/304,779, filed 1/31/2022. The assignee of record is Ofinno, LLC. The listed inventor(s) is/are: Talebi Fard, Peyman; Park, Kyungmin; Dinan, Esmael Hejazi; Chun, SungDuck; Qiao, Weihua.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 9/11/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
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.
(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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by 3GPP (3GPP TS 24.193 V17.3.0, 2021-12, copy included in applicant 9/11/2024 submission, thank you; hereinafter 3GPP193)
For Claim 1, 3GPP193 teaches 1 method comprising: receiving, by a wireless device from a network element, a measurement assistance information for a performance measurement function of a multi-access packet data unit (MA-PDU) session, wherein the measurement assistance information comprises:
a first field indicating that a first address, associated with a first access of the MA-PDU session, is for a first radio access technology (3GPP193 5.4.1); and
a second field indicating that a second address, associated with a second access of the MA-PDU session, is for a second radio access technology (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4);
sending, to a user plane function, at least one echo request to measure performance of at least one of the first access and the second access of the MA-PDU session (3GPP193 5.4.2.1.1, Figs 6.1.5.2-1, 6.1.5.2-4); and
receiving, from the user plane function, at least one echo response ((3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 2, 3GPP193 teaches the method of claim 1, wherein the at least one echo request comprises: at least one first packet comprising the first address and a first echo request to measure performance of the first access; and/or at least one second packet comprising the second address and a second echo request to measure performance of the second access (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 3, 3GPP193 teaches the method of claim 1, wherein the second access has a same access type as the first access and a different radio access technology type from the first access (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 4, 3GPP193 teaches the method of claim 1, wherein an access type of the first access and/or the second access comprises at least one of a 3rd generation partnership project (3GPP) access type, a non-3GPP access type, and/or an underlay network access type (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 5, 3GPP193 teaches the method of claim 1, wherein the first radio access technology is a new radio (NR) radio access technology type and/or the second radio access technology is a long term evolution (LTE) radio access technology type (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 6, 3GPP193 teaches the method of claim 1, wherein the network element is a session management function (SMF) (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 7, 3GPP193 teaches the method of claim 1, wherein the receiving the measurement assistance information comprises receiving a packet data unit session establishment accept message, a non-access stratum message, a protocol configuration option, and/or an extended protocol configuration options comprising the measurement assistance information (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim 8, 3GPP193 teaches the method of claim 1, further comprising sending, to the network element, a non-access stratum message comprising a request to establish the MA-PDU session (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim(s) 9 & 16, the claim(s) is/are substantially similar to claim 1 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 10 & 17, the claim(s) is/are substantially similar to claim 2 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 11, the claim(s) is/are substantially similar to claim 3 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 12 & 19, the claim(s) is/are substantially similar to claim 4 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 13, the claim(s) is/are substantially similar to claim 5 and therefore is/are rejected for the same reasoning set forth above.
For Claim 14, 3GPP193 teaches the wireless device of claim 9, wherein the instructions further cause the wireless device to: send, to the network element, a non-access stratum message comprising a request to establish the MA-PDU session, wherein the network element is a session management function (SMF) (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim(s) 15, the claim(s) is/are substantially similar to claim 7 and therefore is/are rejected for the same reasoning set forth above.
For Claim 18, 3GPP193 teaches the non-transitory computer-readable medium of claim 16, wherein the second access has a same access type as the first access and a different radio access technology type from the first access, wherein the access type of the first access and/or the second access comprises at least one of a 3rd generation partnership project (3GPP) access type, a non-3GPP access type, and/or an underlay network access type (3GPP193 5.4.1, Figs 6.1.5.2-1, 6.1.5.2-4).
For Claim(s) 20, the claim(s) is/are substantially similar to claim 14 and therefore is/are rejected for the same reasoning set forth above.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed below, thank you:
i. US 20230247482 A1
Please see PTO-892 for additional listing of relevant prior art made of record but not relied upon, thank you.
Conclusion
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/MICHAEL A KELLER/
Primary Patent Examiner, Art Unit 2446
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