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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/11/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-5, 8, and 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0368373 A1 by Youn et al. (hereafter referred to as Youn), in view of US 2019/0394833 A1 by Talebi Fard et al. (hereafter referred to as Talebi Fard).
Regarding claim 1, Youn teaches A method comprising:
receiving, by a wireless device from a network node, an access availability report indication for a multi-access packet data unit (MA-PDU) session (see at least ¶ [00280] and [0428]; “a method for transmitting a report to the UPF through the user plane (UP) when the UE has access to an MA PDU session and either access becomes available or unavailable. The report may be a report for access availability.”); and
sending, by the wireless device to a user plane function, based on the access availability report indication, an access report message indicating: an availability for a first access of the MA-PDU session (see at least ¶ [00280] and [0428]; “Based on the operation above, the UE may generate a report for arbitrary access and transmit the generated report to the UPF through the user plane (UP).”);
a first access type associated with the first access of the MA-PDU session (see at least ¶ [0076], [0283] and [0433]).
Youn does not appear to specifically disclose a first radio access technology type associated with the first access type.
In the same field of endeavor, Talebi Fard teaches a first radio access technology type associated with the first access type (see at least ¶ [0294]; “an MA PDU session may be identified by a MA PDU session ID, a PDU session ID, an MA PDU capability flag, access information, and/or the like. In an example, access information may comprise access type (e.g., 3GPP access, non-3GPP access, and/or the like), RAT information (e.g., E-UTRA, NR, WLAN, NB-IoT, cell identifier, access identifier, and/or the like). In an example, access information may be network instance, or an information element indicating access type, RAT, access point identifier, access network identifier, cell identifier, tunneling information, and/or the like.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Youn with Talebi Fard in order to make the UE aware of request on an available access.
Regarding claim 2, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the receiving the access availability report indication comprises receiving a measurement assistance information parameter comprising the access availability report indication (see at least ¶ [0308]; “1a) The UE may initiate the PDU Session Modification procedure by transmitting an NAS message. The NAS message may include an N1 SM container. The N1 SM container may include a PDU Session Modification Request message, a PDU session ID, and information on integrity protection maximum data rate of the UE. The PDU Session Modification Request message may include a PDU session ID, a packet filter, information on requested QoS, 5GSM core network capability, and the number of packet filters.”).
Regarding claim 3, Youn in view of Talebi Fard teaches the method of claim 2. In addition, Youn teaches wherein the receiving the access availability report indication comprises receiving a packet data unit session establishment accept message comprising the measurement assistance information parameter (see at least ¶ [0308]; “1a) The UE may initiate the PDU Session Modification procedure by transmitting an NAS message. The NAS message may include an N1 SM container. The N1 SM container may include a PDU Session Modification Request message, a PDU session ID, and information on integrity protection maximum data rate of the UE. The PDU Session Modification Request message may include a PDU session ID, a packet filter, information on requested QoS, 5GSM core network capability, and the number of packet filters.”).
Regarding claim 4, Youn in view of Talebi Fard teaches the method of claim 2. In addition, Youn teaches wherein the receiving the measurement assistance information parameter comprises receiving a non-access stratum message, a protocol configuration option, and/or an extended protocol configuration options comprising the measurement assistance information parameter (see at least ¶ [0308]; “1a) The UE may initiate the PDU Session Modification procedure by transmitting an NAS message. The NAS message may include an N1 SM container. The N1 SM container may include a PDU Session Modification Request message, a PDU session ID, and information on integrity protection maximum data rate of the UE. The PDU Session Modification Request message may include a PDU session ID, a packet filter, information on requested QoS, 5GSM core network capability, and the number of packet filters.”).
Regarding claim 5, Youn in view of Talebi Fard teaches the method of claim. In addition, Youn teaches addition wherein the receiving the access availability report indication comprises receiving a packet data unit session establishment accept message comprising the access availability report indication (see at least ¶ [0308]-[0309]).
Regarding claim 8, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the first access of the MA-PDU session is at least one of: an MA-PDU session leg associated with the first access type and the first radio access technology type associated with the first access type; or a child session associated with the first access type and the first radio access technology type associated with the first access type (see at least ¶ [0280] and [0429]).
Regarding claim 10, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the availability is that the first access of the MA-PDU session is available or that the first access of the MA-PDU session is unavailable (see at least ¶ [0280] and [0429]).
Regarding claim 11, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the access report message indicates that the first access of the MA-PDU session is available based on at least one of: successful radio link failure recovery procedure associated with the first access, the first access type and/or the first radio access technology type; the wireless device being within a coverage area of the first access; or the wireless device transitioning to and/or being in a connected mode over the first access (see at least ¶ [0346]).
Regarding claim 12, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the access report message indicates that the first access of the MA-PDU session is unavailable based on at least one of: a radio link failure for a connection of the wireless device with a first radio access network associated with the first access, the first access type and/or the first radio access technology type; the wireless device being out of a coverage area of the first access; or the wireless device transitioning to and/or being in an idle mode and/or inactive mode over the first access (see at least ¶ [0346]).
Regarding claim 13, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches further comprising sending, by the wireless device to the network node, a request to establish the MA-PDU session (see at least ¶ [0280] and [0428]; “During a process of establishing the MA PDU session, the SMF may transmit measurement assistance information by including the information in a PDU Session Establishment Accept message. Based on the operation above, the UE may generate a report for arbitrary access and transmit the generated report to the UPF through the user plane (UP).”).
Regarding claim 14, Youn in view of Talebi Fard teaches the method of claim 13. In addition, Youn teaches wherein the sending the request to establish the MA-PDU session comprises sending a non-access stratum message comprising the request to establish the MA-PDU session (see at least ¶ [0280] and [0429]).
Regarding claim 15, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches further comprising receiving, by the wireless device from the network node, a message indicating an activation or deactivation of the first access (see at least ¶ [0346]; “the UE may transmit an activation request for the MA PDU session or other PDU sessions without including the activation request in the service request message.”).
Regarding claim 16, Youn in view of Talebi Fard teaches the method of claim 15. In addition, Youn teaches wherein the receiving the message indicating the activation or deactivation of the first access is via an access network of the first radio access technology type (see at least ¶ [0346]; “the UE may transmit an activation request for the MA PDU session or other PDU sessions without including the activation request in the service request message.”).
Regarding claim 17, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the network node is a session management function (see at least ¶ [0280] and [0428]; SMF).
Regarding claim 18, Youn teaches A wireless device (see at least Fig. 18 and ¶ [0099]), comprising:
one or more processors (see at least Fig. 18 (1020); processor (DSP/Microprocessor)); and
memory storing instructions that, when executed by the one or more processors (see at least Fig. 18 (1010, 1020)), cause the wireless device to perform:
receiving, from a network node, an access availability report indication for a multi-access packet data unit (MA-PDU) session (see at least ¶ [00280] and [0428]; “a method for transmitting a report to the UPF through the user plane (UP) when the UE has access to an MA PDU session and either access becomes available or unavailable. The report may be a report for access availability.”); and
sending, to a user plane function, based on the access availability report indication, an access report message indicating: an availability for a first access of the MA-PDU session (see at least ¶ [00280] and [0428]; “Based on the operation above, the UE may generate a report for arbitrary access and transmit the generated report to the UPF through the user plane (UP).”);
a first access type associated with the first access of the MA-PDU session (see at least ¶ [0076], [0283] and [0433]).
Youn does not appear to specifically disclose a first radio access technology type associated with the first access type.
In the same field of endeavor, Talebi Fard teaches a first radio access technology type associated with the first access type (see at least ¶ [0294]; “an MA PDU session may be identified by a MA PDU session ID, a PDU session ID, an MA PDU capability flag, access information, and/or the like. In an example, access information may comprise access type (e.g., 3GPP access, non-3GPP access, and/or the like), RAT information (e.g., E-UTRA, NR, WLAN, NB-IoT, cell identifier, access identifier, and/or the like). In an example, access information may be network instance, or an information element indicating access type, RAT, access point identifier, access network identifier, cell identifier, tunneling information, and/or the like.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Youn with Talebi Fard in order to make the UE aware of request on an available access.
Regarding claim 19, Youn in view of Talebi Fard teaches the wireless device of claim 18. In addition, Youn teaches wherein the instructions, when executed by the one or more processors, further cause the wireless device to perform sending, to the network node, a request to establish the MA-PDU session (see at least ¶ [0280] and [0428]; “During a process of establishing the MA PDU session, the SMF may transmit measurement assistance information by including the information in a PDU Session Establishment Accept message. Based on the operation above, the UE may generate a report for arbitrary access and transmit the generated report to the UPF through the user plane (UP).”).
Regarding claim 20, Youn teaches A method comprising:
receiving, by a user plane function from a wireless device, based on an access availability report indication for a multi-access packet data unit (MA-PDU) session, an access report message indicating: an availability for a first access of the MA-PDU session (see at least ¶ [00280] and [0428]; “a method for transmitting a report to the UPF through the user plane (UP) when the UE has access to an MA PDU session and either access becomes available or unavailable. The report may be a report for access availability.”);
a first access type associated with the first access of the MA-PDU session (see at least ¶ [0076], [0283] and [0433]).
Youn does not appear to specifically disclose a first radio access technology type associated with the first access type.
In the same field of endeavor, Talebi Fard teaches a first radio access technology type associated with the first access type (see at least ¶ [0294]; “an MA PDU session may be identified by a MA PDU session ID, a PDU session ID, an MA PDU capability flag, access information, and/or the like. In an example, access information may comprise access type (e.g., 3GPP access, non-3GPP access, and/or the like), RAT information (e.g., E-UTRA, NR, WLAN, NB-IoT, cell identifier, access identifier, and/or the like). In an example, access information may be network instance, or an information element indicating access type, RAT, access point identifier, access network identifier, cell identifier, tunneling information, and/or the like.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Youn with Talebi Fard in order to make the UE aware of request on an available access.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Youn in view of Talebi Fard, as applied to claims 1 and 8 above, further in view of US 2021/0022203 A1 by Kang et al. (hereafter referred to as Kang).
Regarding claim 6, Youn in view of Talebi Fard teaches the method of claim 1. In addition, Youn teaches wherein the MA-PDU session is a packet data unit session associated with the first access and a second access.
However, Youn in view of Talebi Fard fails to specifically disclose the second access having a same access type as the first access and a different radio access technology type from the first access.
In the same field of endeavor, Kang teaches the second access having a same access type as the first access and a different radio access technology type from the first access (see at least ¶ [0061]; “the access type may include only 3GPP access network, include only non-3GPP access network”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combination of Youn in view of Talebi Fard with Kang in order to assist in controlling User Plane connection.
Regarding claim 9, Youn in view of Talebi Fard teaches the method of claim 8.
However, Youn in view of Talebi Fard does not appear to specifically teach wherein the MA-PDU session is a packet data unit session associated with the first access and a second access, the second access having a same access type as the first access and a different radio access technology type from the first access, and wherein the sending the access report message comprises sending the access report message via the second access of the MA-PDU session.
In the same field of endeavor, Kang teaches wherein the MA-PDU session is a packet data unit session associated with the first access and a second access, the second access having a same access type as the first access and a different radio access technology type from the first access, and wherein the sending the access report message comprises sending the access report message via the second access of the MA-PDU session (see at least ¶ [0061]; “the access type may include only 3GPP access network, include only non-3GPP access network”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combination of Youn in view of Talebi Fard with Kang in order to assist in controlling User Plane connection.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Youn in view of Talebi Fard, as applied to claim 1 above, further in view of WO 2022/032464 by Zhou et al. (hereafter referred to as Zhou).
Regarding claim 7, Youn in view of Talebi Fard teaches the method of claim 1.
However, Youn in view of Talebi Fard does not appear to specifically disclose wherein the access report message is a performance measurement function protocol (PMFP) access report message.
In the same field of endeavor, Zhou teaches wherein the access report message is a performance measurement function protocol (PMFP) access report message (see at least pg. 7 lines 1-10; performance measurement function protocol (PMFP)).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combination of Youn in view of Talebi Fard with Zhou in order to assist in access traffic steering.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA W COSME whose telephone number is (571)270-7225. The examiner can normally be reached M-F 7:30-4.
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/NATASHA W COSME/Primary Examiner, Art Unit 2465
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