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 .
Status of Claims
Claims 1-20 are pending in the instant application.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in INDIA on 05/24/2024. It is noted, however, that applicant has not filed a certified copy of the 202441040445 application as required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d), a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/08/2024 was filed before the mailing of a First Office Action on the Merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 6, 11 and 16 are objected to because of the following informalities: Reference numerals need to be removed. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 1-6, 8-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kawasaki et al. US 2020/0120738 A1(hereinafter referred as Kawasaki) in view of Mufti US 2016/0021579 A1.
Regarding claim 1, Kawasaki discloses a method implemented in a core network (CN) (Kawasaki: Figs. 1 & 3, ¶ in a registration procedure or a PDU session establishment procedure for a core network), the method comprising:
establishing (410), via a first access node, a first communication session with a user equipment (UE) (Kawasaki: ¶ 0038, The 5G-RAN_A 120 is a 5G access network, and includes one or more New Radio Access Technology nodes (NR nodes)_A. ¶ 0034, The PDU session may be connectivity and/or a connection between the UE_A 10 and the UPF (the UPF_A 235 and/or the UPF_B 237) via an NR node_A. Fig. 1, ¶ 0186, the UE_A 10 establishes a PDU session with the DN_A 5 providing a PDU connection service via the core network_B);
starting (420), responsive to the receiving of the request, a retransmission timer
(Kawasaki: ¶ 0125, T3, a first timer in the present embodiment is a timer that manages initiate of a procedure for session management such as a PDU session establishment procedure, and/or transmission of a Session Management (SM) message such as a PDU session establishment request message.
[Examiner’s Note: Reference teaches session management (i.e.…handover request/transmission) directed by network timer]);
Kawasaki does not explicitly disclose receiving (413), from the UE via a second access node, a request to establish a second communication session; transmitting (414), to the UE via the second access node, an acceptance to the request; in a first instance (251), responsive to receiving (417) an acknowledgement, from the UE via the second access node, that the second communication session is established: stopping (424) the retransmission timer, and stopping (419) communication with the UE via the first communication session; in a second instance (253), responsive to the retransmission timer expiring (225), retransmitting (415) the acceptance.
However, in the same field of endeavor as the claimed invention, Mufti teaches receiving (413), from the UE via a second access node, a request to establish a second communication session
(Mufti: ¶¶ 0049-0051, Upon initiating the handover, the MME 216 may select the circuit-switched access network 210 to receive the communication session. Such a selection may also be based on one or more measurement report(s), other measurements known to the telecommunication network, or any combination thereof. The MME 216 may also send instructions to the user equipment 204 to prepare the user equipment for the handover… The handover request may include an IMSI for the user equipment 204, the STN-SR, a C-MSISDN for the communication session, a generic source to target transparent container, a mobility management (MM) context, and an emergency indication. The MME 216 may make the handover request of the MSS 212… upon receiving the handover request, the MSS 212 performs resource allocation with the target CS base station 214 by exchanging handover request/acknowledgement messages with the CS base station 214);
transmitting (414), to the UE via the second access node, an acceptance to the request
(Mufti: ¶ 0051, Once the MSS 212 has determined that the CS base station 214 can accept user equipment 204, the MSS 212 then sends a handover response to the MME 216. Such a handover response may be an SRVCC PS to CS response, which may include a target to source transparent container. The MME 216 then sends a handover command message to the user equipment 204 via eNodeB 218, instructing the user equipment 204 to tune its radio to the circuit-switched access network 210 of the CS base station 214. Handover detection then occurs at the CS base station 214, and the CS base station 214 sends a handover complete message to the MSS 212. This concludes handover of access system 228 [Examiner’s Note: The network node transmits response the UE, indicating a new transmission request is accepted and resources are allocated, establishing the acceptance]);
in a first instance (251), responsive to receiving (417) an acknowledgement, from the UE via the second access node, that the second communication session is established
(Mufti: ¶ 0033, Upon receiving a session transfer request from the server 112 and performing the session transfer, the session continuity components 114 respond to the server 112, indicating completion of the session transfer. ¶ 0051, Once the MSS 212 has determined that the CS base station 214 can accept user equipment 204, the MSS 212 then sends a handover response to the MME 216. ¶ 0055, MSS 212 is communicatively connected with circuit-switched access network 210. MSS 212 may be configured to receive the second handover request from MME 216. MSS 212 may be further configured to allocate second access network resources for the communication session, and to initiate a session transfer.
[Examiner’s Note: The MSS receives confirmation that the second access network (circuit-switched) can accept the UE, which indicates the second communication session is established. ¶ 0033, describes the response indicating session transfer completion, matching “acknowledgment… that the second communication session is established.]):
stopping (424) the retransmission timer
(Mufti: ¶ 0057, MSS 212 may include a timer configured to measure a response time substantially between the initiation of the session transfer and the rejection of the session transfer. ¶ 0107, At 908, the core network device starts a timer, records a current time, or otherwise establishes a time base for subsequent blocks. ¶ 0114, At 920, the core network device may send an SRVCC PS to CS response, e.g., according to a configuration setting of the core network device. The response may be a positive response indicating that, e.g., MME 216 may proceed with the handover.
[Examiner’s Note: ¶ 0057 and ¶ 0107 describe the timer setup during session transfer. ¶ 0114 shows positive response leading to process continuation, implying timer completion without expiry (i.e., stopped upon success). Successful handover implies no further timer tracking is needed, i.e., timer stopped]), and
stopping (419) communication with the UE via the first communication session
(Mufti: ¶ 0034, Upon receiving such instructions, the user equipment 106 carries them out, completing the handover 104. ¶ 0051, The MME 216 then sends a handover command message to the user equipment 204 via eNodeB 218, instructing the user equipment 204 to tune its radio to the circuit-switched access network 210 of the CS base station 214. See Fig. 3, ¶ 0065, At block 302, the UE 204 terminates communication with eNodeB 218 and commences communicating with CS BS 214…MME 216 then directs eNodeB 218 to release resources formerly associated with the communication session (“UE Context Release”).
[Examiner’s Note: The UE switches from first access network (eNodeB/packet-switched) to second access network (CS BS/circuit-switched). ¶ 0065, explicitly states UE “terminates communication with eNodeB 218” and ¶¶ 0034, 51, describe releasing first network resources after successful handover.]);
in a second instance (253), responsive to the retransmission timer expiring (225), retransmitting (415) the acceptance
(Mufti: ¶ 0110, At 914, the core network device determines whether the timer has expired, i.e., whether a selected time has elapsed since the session transfer was initiated (block 908). In this way, the core network device awaits a rejection of the session transfer within a selected time. If the selected time has not elapsed, the next block is block 910. If the selected time has elapsed, and the session transfer has neither been accepted nor rejected, e.g., by ATCF 220, the next block may be block 920. ¶ 0114, At 920, the core network device may send an SRVCC PS to CS response, e.g., according to a configuration setting of the core network device. The response may be a positive response indicating that, e.g., MME 216 may proceed with the handover. ¶ 0115, Alternatively, the response may be an SRVCC PS to CS rejection (a negative response) indicating that, e.g., MME 216 may not proceed with the handover. ¶ 0118, As indicated by the stippled arrow, in response to the rejection of the session transfer, MSS 212 rejects the handover (block 916). In the illustrated example, MSS 212 sends an SRVCC PS to CS response including a rejection to MME 216. ¶ 0123, MSS 212 receives the handover request, initiates a session transfer, and starts a timer (at 1206). Within time period 1208, MSS 212 receives a rejection of the session transfer, e.g., the illustrated SIP 488 Not Acceptable response, from ATCF 220. This causes MSS 212 to reject the handover, so originating UE 1202 is still attached to the first access network at the time marked 1210.
[Examiner’s Note: ¶ 0110 describes timer expiry determination. ¶¶ 0114, 115 show the response sent after timeout (either positive or negative). The “retransmitting acceptance” concept maps to sending the final handover response after timer expires, the MSS transmits the acceptance/rejection to complete the process, i.e., retransmission. ¶ 0123, illustrates this flow timing. Retransmission is inferred from timeout handling logic]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, receiving (413), from the UE via a second access node, a request to establish a second communication session; transmitting (414), to the UE via the second access node, an acceptance to the request; in a first instance (251), responsive to receiving (417) an acknowledgement, from the UE via the second access node, that the second communication session is established: stopping (424) the retransmission timer, and stopping (419) communication with the UE via the first communication session; in a second instance (253), responsive to the retransmission timer expiring (225), retransmitting (415) the acceptance, as disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Regarding claim 2, Kawasaki in view of Mufti teaches the method of claim 1, wherein the second communication session is a fifth-generation mobility management (5GMM) procedure session (Kawasaki: ¶ 0038, The 5G-RAN_A 120 is a 5G access network, and includes one or more New Radio Access Technology nodes (NR nodes)_A 122. The NR node_A 122 is a radio base station to which UE_A 10 is connected through a 5G radio access (5G Radio Access)).
Regarding claim 3, Kawasaki in view of Mufti teaches the method of claim 1, wherein the second communication session is a fifth-generation session management (5GSM) procedure session (Kawasaki: ¶ 0038, The 5G-RAN_A 120 is a 5G access network, and includes one or more New Radio Access Technology nodes (NR nodes)_A 122. The NR node_A 122 is a radio base station to which UE_A 10 is connected through a 5G radio access (5G Radio Access)).
Regarding claim 4, Kawasaki in view of Mufti teaches the method of claim 1, wherein the request includes an indication that the UE supports handover acknowledgement (Mufti: ¶ 0114, At 920, the core network device may send an SRVCC PS to CS response, e.g., according to a configuration setting of the core network device. The response may be a positive response indicating that, e.g., MME 216 may proceed with the handover. This response configuration may be used, e.g., when a session transfer is likely to succeed. The SRVCC PS to CS positive response may then trigger a handover command to the originating UE 1002; [Examiner’s Note: reference describes the core network device sends an SRVCC PS to CS response based on a configuration setting. This positive response acts as an acknowledgment that triggers a handover command to the user equipment.]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, the acceptance includes an indication for handover acknowledgement, as disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Regarding claim 5, Kawasaki in view of Mufti teaches the method of claim 1, wherein the acceptance includes an indication for handover acknowledgement (Mufti: ¶ 0114, At 920, the core network device may send an SRVCC PS to CS response, e.g., according to a configuration setting of the core network device. The response may be a positive response indicating that, e.g., MME 216 may proceed with the handover. This response configuration may be used, e.g., when a session transfer is likely to succeed. The SRVCC PS to CS positive response may then trigger a handover command to the originating UE 1002; [Examiner’s Note: reference describes an SRVCC PS to CS positive response that indicates the Mobility Management Entity (MME) may proceed with the handover, functioning as an acceptance indication that triggers the subsequent handover command.]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, the acceptance includes an indication for handover acknowledgement, as disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Regarding claim 6, Kawasaki in view of Mufti teaches the method of claim 1, further comprising: releasing (430) the first communication session via the first access node responsive to the receiving of the acknowledgement (Mufti: ¶ 0053, ATCF 220 then sends a SIP INVITE request to the SCCAS 224 to inform the SCCAS 224 of the switch and cause it to release the source access leg, and responds to the SIP INVITE request of the MSS 212, completing the session transfer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, releasing (430) the first communication session via the first access node responsive to the receiving of the acknowledgement, as disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Regarding claim 8, Kawasaki in view of Mufti teaches the method of claim 6, wherein: the first access node is a long-term evolution (LTE) access node or a new radio (NR) access node (Kawasaki: ¶ 0037, For example, the E-UTRAN_A 80 is an access network for LTE and includes one or more eNBs A 45. The eNB_A 45 is a radio base station to which the UE_A 10 connects through an Evolved Universal Terrestrial Radio Access (E-UTRA)); and the releasing of the first communication session includes releasing a data radio bearer (DRB) associated with the first communication session (Mufti: ¶ 0065, MME 216 then directs eNodeB 218 to release resources formerly associated with the communication session (“UE Context Release”). ENodeB 218, in response, directs originating UE 204 to release resources dedicated to the transfer of streaming data, e.g., of voice or video (“Bearer Delete” message)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, the releasing of the first communication session includes releasing a data radio bearer (DRB) associated with the first communication session, as disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of ensuring transport network layer and user plane paths are properly detached further enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Regarding claim 9, Kawasaki in view of Mufti teaches the method of claim 1, further comprising: in the second instance, restarting (435) the retransmission timer after the retransmitting of the acceptance (Mufti: Fig. 9, ¶ 0110, If the selected time has elapsed, and the session transfer has neither been accepted nor rejected, e.g., by ATCF 220, the next block may be block 920 (re-transmission). Fig. 9, ¶ 0114, at 920, the core network device may send an SRVCC PS to CS response…The SRVCC PS to CS positive response may then trigger a handover command to the originating UE 1002. Fig. 10, ¶ 0116, Originating UE 1002 has initiated the communication session to terminating UE 1004. ENodeB 218 requests a handover (“HO Req”) in response to a measurement report from user equipment, in this example originating UE 1002. In this example, MSS 212 receives the handover request (“SRVCC PS to CS”) from MME 216. Fig. 10, ¶ 0117, At 1006, MSS 212 starts the timer, as described above with reference to block 908…i.e. timer restarts). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, in the second instance, restarting (435) the retransmission timer after the retransmitting of the acceptance, as disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Regarding claim 10, Kawasaki in view of Mufti teaches the method of claim 1, wherein the first communication session is one of: (i) a protocol data unit (PDU) communication session or (ii) a packet data network (PDN) connection session (Kawasaki: ¶ 0080, The UE_A 10 transmits and/or receives (communicates) user data by using a Protocol Data Unit (or Packet Data Unit, PDU) session to and from (with) the DN_A 5; [Examiner Note: Only one element is required to satisfy the claimed limitation. Emphasis added.]).
Features of claims 11-16 and 18-20 correspond to features of claims 1-6 and 8-10, respectively, and are therefore rejected using the same rationale(s) and same prior art(s) applied to claims 1-6 and 8-10, above.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kawasaki et al. US 2020/0120738 A1 (hereinafter referred as Kawasaki) in view of Mufti US 2016/0021579 A1, and in further view of Kang et al. US 2018/0279411 A1 (hereinafter referred as Kang).
Regarding claim 7, Kawasaki in view of Mufti teaches the method of claim 6, wherein: the first access node is an evolved packet data gateway (ePDG) access node or a non-third generation partnership project interworking function (N3IWF) access node (Mufti: ¶ 0026, The telecommunication network device 102 may be a gateway device, such as an Evolved Packet Data Gateway (ePDG)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use these above-mentioned features disclosed by Mufti with the system disclosed by Kawasaki, since doing so would have achieved the desirable result of enabling the handover to occur without loss of continuity to the communication session [Mufti: ¶ 0032].
Kawasaki in view of Mufti do not explicitly disclose the releasing of the first communication session includes releasing an internet key exchange (IKE) security association (SA) tunnel associated with the first communication session.
However, in the same field of endeavor as the claimed invention, Kang teaches the releasing of the first communication session includes releasing an internet key exchange (IKE) security association (SA) tunnel associated with the first communication session (Kang: ¶ 0058, in order to release IKE security association (SA) and child IPSec SA which may exist, the N3IWF 230 transmits the IKE information exchange message to the user equipment.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, releasing of the first communication session includes releasing an internet key exchange (IKE) security association (SA) tunnel associated with the first communication session, as disclosed by Kang, with the systems disclosed by Kawasaki and Mufti, since doing so would have achieved the desirable result of providing a method for releasing a context of a user equipment in a non-3GPP access network [Kang: ¶ 0007].
Features of claim 17 correspond to features of claim 7, and is therefore rejected using the same rationale(s) and same prior art(s) applied to claim 7, above.
Conclusion
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/T.O.F./Examiner, Art Unit 2414
/SITHU KO/Primary Examiner, Art Unit 2414
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