DETAILED ACTION
Claims status
In response to the application filed on 08/10/2024, claims 1-20 are currently pending for the examination. The present application, filed on or after March 1wl16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without reciting significantly more than the judicial exception.
Issue:
Claim 1 recites "A terminal target plane capability reporting method, performed by a terminal, comprising: reporting target plane capability information of the terminal, wherein a target plane is a protocol function plane configured to support at least one of data collection, data distribution, data security, data privacy, data analysis, or data preprocessing.”
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Analysis:
Step 2A, Prong One
The claim recites limitations directed to the abstract idea of collecting, analyzing, and communicating information. In particular, the claim recites “reporting target plane capability information of a terminal, wherein the target plane is a protocol function plane configured to support data processing”. The claim further recites determining, obtaining, identifying, and/or reporting capability information associated with the protocol function plane.
These limitations describe the collection and evaluation of information, followed by communicating that information to another entity. Such activities constitute an abstract idea in the form of mental processes because they involve observations, evaluations, judgments, and the transmission of information that can practically be performed in the human mind or with the aid of pen and paper. Alternatively, these limitations constitute the management and communication of information between devices, which is another form of abstract information processing recognized under the 2019 Revised Patent Subject Matter Eligibility Guidance.
Step 2A, Prong Two
The claim as a whole does not integrate the judicial exception into a practical application.
The additional claim elements recite generic computer and networking components, including a terminal (user equipment), a network device, wireless communication interfaces, processors, and memory, performing their ordinary and conventional functions of receiving, processing, storing, determining, and transmitting information.
The claim does not improve the functioning of a computer, processor, wireless communication device, or wireless communication network. Nor does it improve any communication protocol or provide a specific technological solution to a technological problem. Rather, the claim merely uses conventional wireless communication components as tools for collecting and reporting capability information associated with a protocol function plane.
Accordingly, the additional elements do not impose any meaningful limit on the judicial exception and therefore fail to integrate the abstract idea into a practical application.
Step 2B
The claim also fails to recite an inventive concept sufficient to transform the judicial exception into patent-eligible subject matter.
The additional elements, individually and as an ordered combination, merely require generic computing and wireless communication components performing well-understood, routine, and conventional activities such as receiving information, determining capability information, storing information, and transmitting signaling messages.
The ordered combination likewise does not amount to significantly more than the abstract idea because the claim simply automates the conventional exchange of capability information between network entities using generic communication hardware.
Consequently, the claim merely applies the abstract idea using conventional computer and networking technology without reciting any unconventional technical solution or improvement to computer functionality.
Therefore, the claim is directed to patent-ineligible subject matter under 35 U.S.C. § 101.
Dependent Claims 2-20 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. § 101 because the additional recited limitations fail to establish that the claims are directed to an abstract idea, and none of the additionally recited limitations amount to significantly more than the abstract idea.
See the relevant case law: Cybersource Corp. V. Retail Decisions, Inc. for comparing received and stored data message.
See the relevant case law: Cyberphone Sys., LLC V. CNN Interactive (Fed. Cir. Feb. 26, 2014) for using categories to organize, storing, and transmitting information.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 10, 12, 13-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RYU et al. (US 2019/0028337 A1).
Regarding claim 1; RYU teaches a terminal target plane capability reporting method, performed by a terminal, comprising:
reporting target plane capability information of the terminal, wherein a target plane is a protocol function plane configured to support data distribution (See Figs. 4a and 4b: The control plane acts as a path through which control messages used for the UE and the network to manage calls are transmitted. The user plane refers to the path through which the data generated in the application layer, for example, voice data, Internet packet data, and so on are transmitted. In what follows, described will be each layer of the control and the user plane of the radio protocol. Note: either the user plane or control plane can be used as a target plane information of the UE/terminal under the BRI. ¶ [0112]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 2; RYU teaches the method wherein the target plane capability information comprises at least one of the following:
a data type supported by the target plane (See Figs. 4s: The radio interface protocol between the UE and the E-UTRAN consists of the physical layer, data link layer, and network layer in the horizontal direction, while in the vertical direction, the radio interface protocol consists of the user plane, which is a protocol stack for delivery of data information, and the control plane, which is a protocol stack for delivery of control signals. ¶ [0111]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 3; RYU teaches the method according to claim 1, wherein the reporting target plane capability information of the terminal comprises: reporting the target plane capability information of the terminal to a core network device (See Fig. 7: Radio Access Network (RAN): a unit including a Node B, a Radio Network Controller (RNC) controlling the Node B, and an eNodeB in the 3GPP network. The RAN is defined at the terminal level and provides a connection to a core network. ¶ [0078]).
Regarding claim 4; RYU teaches the method wherein the reporting the target plane capability information of the terminal to a core network device comprises: transmitting a registration request message to the core network device when accessing a network, wherein the registration request message carries the target plane capability information of the terminal (See Fig. 7: First, a UE camped on the E-UTRAN cell may initiate an attach procedure to a new MME by transmitting an attach request message to an eNB. The attach request message includes the International Mobile Subscriber Identity (IMSI) of the UE and a PDN type that the UE requests. Here, the PDN type indicates the IP version (namely IPv4, IPv4v6, or IPv6) that the UE requests. ¶ [0151-0152]).
Regarding claim 5; RYU teaches the method wherein the reporting target plane capability information of the terminal comprises: reporting the target plane capability information of the terminal to a radio access network device (See Fig. 7: A UE is required to be registered in the network in order to receive a desired service. Such a kind of registration may be referred to as network attachment. In what follows, an initial attach procedure in the E-UTRAN will be described. ¶ [0149]).
Regarding claim 10; RYU teaches the method wherein the target plane capability information comprises: information indicating that a target plane capability is a capability of a terminal group (See Fig. 7: the SCEF may be used for transmission of a group message. For example, if the SCS/AS sets a group ID of a group to which the SCS/AS intends to send a group message and contents for the SCEF, the message is transmitted to the UEs belonging to the group through a Broadcast Multicast-Service Centre (BM-SC) to the MBMS contents. ¶ [0388]).
Regarding claim 12; RYU teaches the method according to claim 10, wherein the target plane capability information comprises: an identifier of each terminal in the terminal group, and the identifier of the terminal is associated with the target plane capability information belonging to the terminal (See Fig. 7: Local identifier: an identifier used for deriving or obtaining an International Mobile Subscriber Identity (IMSI). A local identifier should be unique within an application domain and is managed by a mobile communication network service provider. ¶ [0077]).
Regarding claim 13; RYU teaches a terminal target plane capability obtaining method, performed by a network function instance, comprising:
receiving target plane capability information of the terminal, wherein a target plane is a protocol function plane configured to support data distribution (See Figs. 4a and 4b: The control plane acts as a path through which control messages used for the UE and the network to manage calls are transmitted. The user plane refers to the path through which the data generated in the application layer, for example, voice data, Internet packet data, and so on are transmitted. In what follows, described will be each layer of the control and the user plane of the radio protocol. Note: either the user plane or control plane can be used as a target plane information of the UE/terminal under the BRI. ¶ [0112]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 14; RYU teaches the method wherein the target plane capability information comprises at least one of the following:
a data type supported by the target plane (See Figs. 4s: The radio interface protocol between the UE and the E-UTRAN consists of the physical layer, data link layer, and network layer in the horizontal direction, while in the vertical direction, the radio interface protocol consists of the user plane, which is a protocol stack for delivery of data information, and the control plane, which is a protocol stack for delivery of control signals. ¶ [0111]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 15; RYU teaches the method according to claim 1, wherein the reporting target plane capability information of the terminal comprises: reporting the target plane capability information of the terminal to a core network device (See Fig. 7: Radio Access Network (RAN): a unit including a Node B, a Radio Network Controller (RNC) controlling the Node B, and an eNodeB in the 3GPP network. The RAN is defined at the terminal level and provides a connection to a core network. ¶ [0078]).
Regarding claim 16; RYU teaches the method wherein the network function instance is a radio access network function instance, and before the receiving target plane capability information of a terminal, the method further comprises: transmitting, by the radio access network function instance, target plane capability enquiry information, wherein the enquiry information indicates target plane capability information that needs to be enquired (See Fig. 7: The E-UTRAN includes eNBs that provide control plane and user plane protocol, and the eNBs are interconnected with each other by means of the X2 interface. ¶ [0102]).
Regarding claim 18; RYU teaches a terminal, comprising: a memory storing computer-readable instructions; and a processor coupled to the memory and configured to execute the computer-readable instructions, wherein the computer-readable instructions, when executed by the processor, cause the processor to perform operations comprising:
reporting target plane capability information of the terminal, wherein a target plane is a protocol function plane configured to support data distribution (See Figs. 4a and 4b: The control plane acts as a path through which control messages used for the UE and the network to manage calls are transmitted. The user plane refers to the path through which the data generated in the application layer, for example, voice data, Internet packet data, and so on are transmitted. In what follows, described will be each layer of the control and the user plane of the radio protocol. Note: either the user plane or control plane can be used as a target plane information of the UE/terminal under the BRI. ¶ [0112]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 19; RYU teaches a network device, comprising: a memory storing computer-readable instructions; and a processor coupled to the memory and configured to execute the computer-readable instructions, wherein the computer-readable instructions, when executed by the processor, cause the processor to perform the terminal target plane capability obtaining method comprising:
receiving target plane capability information of the terminal, wherein a target plane is a protocol function plane configured to support data distribution (See Figs. 4a and 4b: The control plane acts as a path through which control messages used for the UE and the network to manage calls are transmitted. The user plane refers to the path through which the data generated in the application layer, for example, voice data, Internet packet data, and so on are transmitted. In what follows, described will be each layer of the control and the user plane of the radio protocol. Note: either the user plane or control plane can be used as a target plane information of the UE/terminal under the BRI. ¶ [0112]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 20; RYU teaches a non-transitory computer-readable medium storing instructions that, when executed by a processor, cause the processor to perform the terminal target plane capability obtaining method comprising:
reporting target plane capability information of the terminal, wherein a target plane is a protocol function plane configured to support data distribution (See Figs. 4a and 4b: The control plane acts as a path through which control messages used for the UE and the network to manage calls are transmitted. The user plane refers to the path through which the data generated in the application layer, for example, voice data, Internet packet data, and so on are transmitted. In what follows, described will be each layer of the control and the user plane of the radio protocol. Note: either the user plane or control plane can be used as a target plane information of the UE/terminal under the BRI. ¶ [0112]).
[Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner].
Allowable Subject Matter
Claims 6-11 and 17 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yan et al. (US 20230137283 A1 to discuss methods to optimize registration and session establishment in a wireless network).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST).
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/SAI AUNG/Primary Examiner, Art Unit 2416
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