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 .
Response to Amendment
This office action is in reply to Applicant’s Response dated 01/07/2026. Claims 1-2, 5, 8 and 10-20 are amended. Claim 7 is canceled. Claim 21 is new. Claims 1-6 and 8-21 remain pending in the application.
Response to Arguments
The Applicant argues (see page 9) that the PDU session establishment request as described in Chong does not include "an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection," as recited in amended independent claim 1. Instead, Chong merely discloses that the PDU session establishment request includes an indication of whether TCP or UDP is supported. TCP and UDP are not the same as an ethernet protocol and cannot be relied upon to disclose an ethernet protocol.
In response to the Applicant’s argument, a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Chong et al. (U.S. PGPub 2024/0187977) in view of Qiao et al. (WO 2021/035206) is made in view of the amendments made to the independent claims. Chong and the new reference, Qiao, is now relied upon to teach all of the features of amended claim 1.
Double Patenting
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.
Claims 1-4, 8-13 and 16-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 10, 13-14 and 19-20 of copending Application No. 19/047,552 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims cover substantially the same subject matter and recite similar limitations. .
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 1, 10, 17 and 20, claims 1, 10, 17 and 20 of the instant application corresponds to claims 1, 13, 19 and 20 of copending Application No. 19/047,552. See the table below.
Instant Application
copending Application No. 19/047,552
Claims 1, 10 and 20. A user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to:
transmit/receive a request message to establish a protocol data unit (PDU) session or a packet data network (PDN) connection,
wherein the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection, and wherein the indication is included in at least one of a standalone information element or a part of an information element; and
receive/transmit a response message based at least in part on the request message,
wherein the response message includes one or more rules for the PDU session or the PDN connection.
Claims 1 and 19. A user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and operable to cause the UE to:
transmit, to a network equipment (NE), a request message to establish a multi-access protocol data unit (PDU) session,
wherein the request message includes an indication of an access traffic steering-switching-splitting (ATSSS) steering functionality and steering mode for the multi-access PDU session; and
receive, from the NE, a response message based at least in part on the request message,
wherein the response message is associated with whether the NE is capable of supporting the ATSSS steering functionality and steering mode.
Claim 17. A network equipment for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the network equipment to:
receive, a request message to establish a protocol data unit (PDU) session or a packet data network (PDN) connection,
wherein the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection,
wherein the indication is included in at least one of a standalone information element or a part of an information element; and
transmit a response message based at least in part on the request message,
wherein the response includes one or more rules for the PDU session or the PDN connection.
Claims 13 and 20. A network equipment (NE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and operable to cause the NE to:
receive, from a user equipment (UE), a request message to establish a multi-access protocol data unit (PDU) session,
wherein the request message includes an indication of an access traffic steering-switching-splitting (ATSSS) steering functionality and steering mode for the multi-access PDU session; and
transmit, to the UE, a response message based at least in part on the request message,
wherein the response message is associated with whether the NE is capable of supporting the ATSSS steering functionality and steering mode.
Regarding claims 2, 3, 4, 8, 9, 11, 12, 13, 16, 18 and 19, claims 2, 3, 4, 8, 9, 11, 12, 13, 16, 18 and 19 of the instant application corresponds respectively to claims 10, 3, 1, 6, 1, 10, 6, 19, 6, 10 and 14 of the copending Application No. 19/047,552.
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.
Claims 1-2, 8, 10-11 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chong et al. (U.S. PGPub 2024/0187977) in view of Qiao et al. (WO 2021/035206).
Regarding claims 1 and 10, Chong teaches A user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to: transmit a request message to establish a protocol data unit (PDU) session or a packet data network (PDN) connection, (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
wherein the indication is included in at least one of a standalone information element or a part of an information element; and (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
receive a response message based at least in part on the request message, (Chong, see figs. 4-6; see paragraph 0129-0130 sends a PDU session establishment response to UE1 via the AMF, informing UE1 that the PDU session ID1 has been established...PDU session establishment response may carry UE rules defined by the SMF for the PDU session ID1, for example, a QoS rule or a UE route selection policy (URSP) rule; see paragraphs 0141-0143 sends a PDU session establishment response to UE2 via the AMF, informing UE2 that the PDU session ID2 has been established...carry terminal rules established by the SMF for the PDU session ID2, for example, QoS rules and URSP rule )
wherein the response message includes one or more rules for the PDU session or the PDN connection. (Chong, see figs. 4-6; see paragraph 0129-0130 sends a PDU session establishment response to UE1 via the AMF, informing UE1 that the PDU session ID1 has been established...PDU session establishment response may carry UE rules defined by the SMF for the PDU session ID1, for example, a QoS rule or a UE route selection policy (URSP) rule; see paragraphs 0141-0143 sends a PDU session establishment response to UE2 via the AMF, informing UE2 that the PDU session ID2 has been established...carry terminal rules established by the SMF for the PDU session ID2, for example, QoS rules and URSP rule )
However, Chong does not explicitly teach wherein the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection, and
Qiao teaches wherein the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection, and (Qiao, see figs. 21-24; see 0174-0175 based on information received from the AMF (e.g. the UE session capability information) … determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. "Ethernet" PDU Session Type supported in EPC as PDN Type "Ethernet")...determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. Multi-homed IPv6 PDU Session). For example, the HPCF may determine a home URSP rule based on the UE MA-PDU capability indication...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Chong and Qiao to provide the technique of the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection of Qiao in the system of Chong in order to improve traffic congestion or avoid traffic overloading (Qiao, see paragraph 0141).
Regarding claims 2 and 11, Chong teaches wherein the request message further comprises an indication that a user datagram protocol (UDP), an Internet protocol (IP), or a transmission control protocol (TCP) is supported or preferred by the UE. (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...whether the multipath transmission control protocol (MPTCP),, multipath fast UDP Internet connection protocol (MPQUIC)…)
Regarding claims 8 and 16, Chong teaches wherein the request message includes a data network name (DNN) or an access point name (APN), and (Chong, see figs. 4-6; see paragraphs 0116-0120 he PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
wherein the ethernet protocol and (Qiao, see figs. 21-24; see 0174-0175 based on information received from the AMF (e.g. the UE session capability information) … determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. "Ethernet" PDU Session Type supported in EPC as PDN Type "Ethernet")...determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. Multi-homed IPv6 PDU Session). For example, the HPCF may determine a home URSP rule based on the UE MA-PDU capability indication...) The motivation regarding to the obviousness to claims 1 and 10 is also applied to claims 8 and 16.
at least one of the DNN or the APN are input for a steering functionality associated with multipath QUIC (MPQUIC). (Chong, see figs. 4-6; see paragraphs 0116-0120 he PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
Regarding claims 17 and 20, Chong teaches A network equipment for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and operable to cause the network equipment to: receive, a request message to establish a protocol data unit (PDU) session or a packet data network (PDN) connection, (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
wherein the indication is included in at least one of a standalone information element or a part of an information element; and (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
transmit a response message based at least in part on the request message, (Chong, see figs. 4-6; see paragraph 0129-0130 sends a PDU session establishment response to UE1 via the AMF, informing UE1 that the PDU session ID1 has been established...PDU session establishment response may carry UE rules defined by the SMF for the PDU session ID1, for example, a QoS rule or a UE route selection policy (URSP) rule; see paragraphs 0141-0143 sends a PDU session establishment response to UE2 via the AMF, informing UE2 that the PDU session ID2 has been established...carry terminal rules established by the SMF for the PDU session ID2, for example, QoS rules and URSP rule )
wherein the response message includes one or more rules for the PDU session or the PDN connection. (Chong, see figs. 4-6; see paragraph 0129-0130 sends a PDU session establishment response to UE1 via the AMF, informing UE1 that the PDU session ID1 has been established...PDU session establishment response may carry UE rules defined by the SMF for the PDU session ID1, for example, a QoS rule or a UE route selection policy (URSP) rule; see paragraphs 0141-0143 sends a PDU session establishment response to UE2 via the AMF, informing UE2 that the PDU session ID2 has been established...carry terminal rules established by the SMF for the PDU session ID2, for example, QoS rules and URSP rule)
However, Chong does not explicitly teach wherein the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection, and
Qiao teaches wherein the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection, and (Qiao, see figs. 21-24; see 0174-0175 based on information received from the AMF (e.g. the UE session capability information) … determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. "Ethernet" PDU Session Type supported in EPC as PDN Type "Ethernet")...determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. Multi-homed IPv6 PDU Session). For example, the HPCF may determine a home URSP rule based on the UE MA-PDU capability indication...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Chong and Qiao to provide the technique of the request message includes an indication that an ethernet protocol is supported or preferred by the UE for the PDU session or the PDN connection of Qiao in the system of Chong in order to improve traffic congestion or avoid traffic overloading (Qiao, see paragraph 0141).
Regarding claims 18 and 21, Chong teaches wherein the request message further comprises an indication that a user datagram protocol (UDP), an Internet protocol (IP), or a transmission control protocol (TCP) is supported or preferred by the UE. (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...whether the multipath transmission control protocol (MPTCP), multipath fast UDP Internet connection protocol (MPQUIC)…)
Regarding claim 19, Chong teaches wherein the request message includes a data network name (DNN) or an access point name (APN), and (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
wherein the ethernet protocol and (Qiao, see figs. 21-24; see 0174-0175 based on information received from the AMF (e.g. the UE session capability information) … determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. "Ethernet" PDU Session Type supported in EPC as PDN Type "Ethernet")...determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. Multi-homed IPv6 PDU Session). For example, the HPCF may determine a home URSP rule based on the UE MA-PDU capability indication...) The motivation regarding to the obviousness to claims 17 and 20 is also applied to claims 19.
at least one of the DNN or the APN are input for a steering functionality associated with multipath QUIC (MPQUIC), and (Chong, see figs. 4-6; see paragraphs 0116-0120 the PDU session establishment request may further include...multipath fast UDP Internet connection protocol (MPQUIC), or splitting/aggregation capability based on underlying protocols is supported...data network name (DNN) information...; see paragraph 0123 on the basis of SMF selection with reference to information such as the DNN or the S-NSSAI, the AMF may further select an SMF with a special capability, that is, an SMF supporting terminal aggregation (UE aggregation), with reference to the first indication)
the at least one processor is further configured to cause the NE to: check whether the DNN or APN can comply with the indicated ethernet protocol; and (Qiao, see figs. 21-24; see 0174-0175 based on information received from the AMF (e.g. the UE session capability information) … determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. "Ethernet" PDU Session Type supported in EPC as PDN Type "Ethernet")...determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. Multi-homed IPv6 PDU Session). For example, the HPCF may determine a home URSP rule based on the UE MA-PDU capability indication... determine GFBR of accepted QoS to 10 Mbits which may be supported by the VPFMN…. response message may comprise the home URSP rule and/or the accepted QoS information. In response to the message received from the HPCF, the VPCF may determine a visited URSP rule based on the home URSP rule. The visited URSP may be the same as the home URSP rule. The visited URSP may be different from the home URSP rule. In an example action, the VPCF may send to the AMF a response message (e.g. AM policy establish response).
transmit the response message including the one or more rules in response to the DNN or APN being able to comply with the indicated ethernet protocol. (Qiao, see figs. 21-24; see 0174-0175 based on information received from the AMF (e.g. the UE session capability information) … determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. "Ethernet" PDU Session Type supported in EPC as PDN Type "Ethernet")...determine PDU session type selection information in a home URSP rule based on the 5GSM core network capability information (e.g. Multi-homed IPv6 PDU Session). For example, the HPCF may determine a home URSP rule based on the UE MA-PDU capability indication... determine GFBR of accepted QoS to 10 Mbits which may be supported by the VPFMN…. response message may comprise the home URSP rule and/or the accepted QoS information. In response to the message received from the HPCF, the VPCF may determine a visited URSP rule based on the home URSP rule. The visited URSP may be the same as the home URSP rule. The visited URSP may be different from the home URSP rule. In an example action, the VPCF may send to the AMF a response message (e.g. AM policy establish response). The motivation regarding to the obviousness to claims 17 and 20 is also applied to claims 19.
Claims 3-4, 9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Chong-Qiao in view of Chun et al. (WO 2024/197180).
Regarding claims 3 and 12, Chong-Qiao teaches all of the features of claims 1 and 10. However, Chong-Qiao does not explicitly teach wherein the part of the information element comprises a capability information element, and wherein the capability information element comprises a fifth generation (5G) session management (5GSM) capability information element.
Chun teaches wherein the part of the information element comprises a capability information element, and wherein the capability information element comprises a fifth generation (5G) session management (5GSM) capability information element. (Chun, see figs. 10-12 and 22-24; see paragraph 0316 message may comprise at least one of a PDU session ID, requested PDU session type, a requested SSC mode, 5GSM capability, PCO (or ePCO)…the 5GSM capability may comprise at least one of an indication of whether the UE supports the feature of multiple access paths...the 5GSM capability of the fifth SM message may indicate that the UE supports the feature of multiple access paths)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Chong-Qiao and Chun to provide the technique of a capability information element, and wherein the capability information element comprises a fifth generation (5G) session management (5GSM) capability information element of Chun in the system of Chong-Qiao in order to improve speed, security and efficiency (Chun, see paragraph 0199).
Regarding claims 4 and 13, Chong-Qiao teaches all of the features of claims 1 and 10. However, Chong-Qiao does not explicitly teach wherein the part of the information element comprises an access traffic steering, switching, splitting (ATSSS) request protocol configuration options (PCO) parameter container within an additional container,
wherein the additional container is identified as an ATSSS request and is included within an extended PCO (ePCO) information element.
Chun teaches wherein the part of the information element comprises an access traffic steering, switching, splitting (ATSSS) request protocol configuration options (PCO) parameter container within an additional container, (Chun, see figs. 10-12 and 22-24; see paragraph 0316 message may comprise at least one of a PDU session ID, requested PDU session type, a requested SSC mode, 5GSM capability, PCO (orePCO)…; see paragraph 0341 a thirty-first ePCO, eMM capability, request type...the UE supports the feature of ATSSS, indication that the UE supports MA PDU session over the first access path and/or the second access path, and/or the like...)
wherein the additional container is identified as an ATSSS request and is included within an extended PCO (ePCO) information element. (Chun, see figs. 10-12 and 22-24; see paragraph 0316 message may comprise at least one of a PDU session ID, requested PDU session type, a requested SSC mode, 5GSM capability, PCO (orePCO)…; see paragraph 0341 a thirty-first ePCO, eMM capability, request type...the UE supports the feature of ATSSS, indication that the UE supports MA PDU session over the first access path and/or the second access path, and/or the like...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Chong-Qiao and Chun to provide the technique of an access traffic steering, switching, splitting (ATSSS) request protocol configuration options (PCO) parameter container within an additional container and the additional container is identified as an ATSSS request and is included within an extended PCO (ePCO) information element of Chun in the system of Chong-Qiao in order to improve speed, security and efficiency (Chun, see paragraph 0199).
Regarding claim 9, Chong-Qiao teaches all of the features of claim 1. However, Chong-Qiao does not explicitly teach wherein at least one user plane resource of a multiple access PDU (MA-PDU) session is established based at least in part on the PDU session or the PDN connection.
Chun teaches wherein at least one user plane resource of a multiple access PDU (MA-PDU) session is established based at least in part on the PDU session or the PDN connection. (Chun, see figs. 10-12; see paragraph 0316 the UE may determine to establish a MA-PDU session, by using the one or more access paths. To establish the MA-PDU session, the UE may construct a fifth SM MSG (e.g., SM MSG 5)…)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Chong-Qiao and Chun to provide the technique of at least one user plane resource of a multiple access PDU (MA-PDU) session is established based at least in part on the PDU session or the PDN connection of Chun in the system of Chong-Qiao in order to improve speed, security and efficiency (Chun, see paragraph 0199).
Claims 5-6 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chong-Qiao in view of Catovic et al. (U.S. PGPub 2023/0144323).
Regarding claims 5 and 14, Chong-Qiao teaches all of the features of claims 1 and 10. However, Chong-Qiao does not explicitly teach wherein the indication comprises at least one bit, and wherein a value of the at least one bit is indicative of whether a connect protocol is supported or preferred by the UE.
Catovic teaches wherein the indication comprises at least one bit, and wherein a value of the at least one bit is indicative of whether a connect protocol is supported or preferred by the UE. (Catovic, see figs. 6A-7; see paragraph 0065 request message to the base station indicating a capability for a MA PDU session associated with a MUSIM device ...capability may be, for example, a flag (e.g., a ‘0’ bit for lack of support and a ‘1’ bit for support, or vice-versa)...; see paragraph 0079 including a UE capability 630 for a MA PDU session...a flag (e.g., a ‘0’ bit for lack of support and a ‘1’ bit for support, or vice-versa). ..; see also paragraph 0085)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Chong-Qiao and Catovic to provide the technique of at least one bit, and wherein a value of the at least one bit is indicative of whether the connect protocol is supported or preferred by the UE of Catovic in the system of Chong-Qiao in order to enhance capability indication by flagging a '0' for lack of support or '1' for support of a capability (Catovic, see paragraph 0056).
Regarding claims 6 and 15, Chong-Qiao-Catovic teaches wherein a first value of the at least one bit is indicative of the connect protocol supported or preferred by the UE, and wherein a second value of the at least one bit is indicative of the connect protocol not supported or not preferred by the UE. (Catovic, see figs. 6A-7; see paragraph 0065 request message to the base station indicating a capability for a MA PDU session associated with a MUSIM device ...capability may be, for example, a flag (e.g., a ‘0’ bit for lack of support and a ‘1’ bit for support, or vice-versa)...; see paragraph 0079 including a UE capability 630 for a MA PDU session...a flag (e.g., a ‘0’ bit for lack of support and a ‘1’ bit for support, or vice-versa). ..; see also paragraph 0085) The motivation regarding to the obviousness to claims 5 and 14 is also applied to claims 6 and 15.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MENG VANG whose telephone number is (571)270-7023. The examiner can normally be reached M-F 8AM-2PM, 3PM-5PM.
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, NICHOLAS TAYLOR can be reached at (571) 272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MENG VANG/Primary Examiner, Art Unit 2443
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