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 .
DETAILED ACTION
Claims 1-20 have been examined and are pending.
Information Disclosure Statement
An initialed and dated copy of Applicant’s IDS form 1449 submitted 12/26/2024 and 05/13/2025 is attached to the instant office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because:
Figure 2 illustrates Mobility management network element 1 performing steps 202 and 203. However, the specification of steps 202 and 203 in [0103] and [0108], describes mobility management network element 2 that determines the request information and processes the first request information according to a flow control policy.
Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 6-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 4, Claims 1 and 4 recites:
1. (Currently Amended) A communication method, applied to a mobility management network element, the method comprising: receiving first request information from a terminal device, wherein the first request information is used to request a first service, or the first request information is attach request information or registration request information of the terminal device; and in response to determining the first request information belongs to a first type of information, and determining an original receiving network element of the first type of information is a faulty mobility management network element, processing the first request information according to a flow control policy for the first type of information.
4. (Currently Amended) The communication method according to claim 3, wherein the processing the first request information according to the flow control policy for the first type of information comprises sending first reject information to the terminal device in response to determining an amount of information belonging to the first type of information is less than a first threshold, to reject a service requested by using the first request information; or ignoring the first request information in response to determining the amount of information belonging to the first type of information is greater than or equal to a first the first threshold.
Examiner notes that an interpretation of the claim 1 can result in “receiving first request information from a terminal device, wherein the first request information is attach request information or registration requestion information of the terminal device;”. As such, there is no written description for supporting the claim language from claim 4 “sending first reject information to the terminal device in response to determining an amount of information belonging to the first type of information is less than a first threshold, to reject a service requested by using the first request information” when the first request information is “attach request information or registration requestion information of the terminal device”.
Regarding Claim 6, Claims 1 and 6 recites:
1. (Currently Amended) A communication method, applied to a mobility management network element, the method comprising: receiving first request information from a terminal device, wherein the first request information is used to request a first service, or the first request information is attach request information or registration request information of the terminal device; and in response to determining the first request information belongs to a first type of information, and determining an original receiving network element of the first type of information is a faulty mobility management network element, processing the first request information according to a flow control policy for the first type of information.
6. (Currently Amended) The communication method according to claim 5, wherein the processing the first request information according to the flow control policy for the first type of information comprises: sending first response information to the terminal device in response to determining an amount of information belonging to the first type of information is less than a second threshold, wherein the first response information is first accept information, and the first accept information indicates the attach request information is accepted or the registration request information is accepted, or the first response information indicates that processing of the first request information is rejected; or ignoring the first request information in response to determining the amount of information belonging to the first type of information is greater than or equal to a second the second threshold.
Examiner notes that an interpretation of the claim 1 can result in “receiving first request information from a terminal device, wherein the first request information is used to request a first service;”. As such, there is no written description for supporting the claim language from claim 6 “sending first response information to the terminal device in response to determining an amount of information belonging to the first type of information is less than a second threshold, wherein the first response information is first accept information, and the first accept information indicates the attach request information is accepted or the registration request information is accepted”, when “the first requestion information is used to request a first service.”
Claims 7-12 are rejected for having the same claim language as indicated in parent claim 6 above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 6-12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 4, Claims 1 and 4 recites:
1. (Currently Amended) A communication method, applied to a mobility management network element, the method comprising: receiving first request information from a terminal device, wherein the first request information is used to request a first service, or the first request information is attach request information or registration request information of the terminal device; and in response to determining the first request information belongs to a first type of information, and determining an original receiving network element of the first type of information is a faulty mobility management network element, processing the first request information according to a flow control policy for the first type of information.
4. (Currently Amended) The communication method according to claim 3, wherein the processing the first request information according to the flow control policy for the first type of information comprises sending first reject information to the terminal device in response to determining an amount of information belonging to the first type of information is less than a first threshold, to reject a service requested by using the first request information; or ignoring the first request information in response to determining the amount of information belonging to the first type of information is greater than or equal to a first the first threshold.
Examiner notes that an interpretation of the claim 1 can result in “receiving first request information from a terminal device, wherein the first request information is attach request information or registration requestion information of the terminal device;”. As such, it is vague and unclear why there is sending first reject information to reject a service requested by using the first request information” when the first request information is “attach request information or registration requestion information of the terminal device”.
Regarding Claim 6, Claims 1 and 6 recites:
1. (Currently Amended) A communication method, applied to a mobility management network element, the method comprising: receiving first request information from a terminal device, wherein the first request information is used to request a first service, or the first request information is attach request information or registration request information of the terminal device; and in response to determining the first request information belongs to a first type of information, and determining an original receiving network element of the first type of information is a faulty mobility management network element, processing the first request information according to a flow control policy for the first type of information.
6. (Currently Amended) The communication method according to claim 5, wherein the processing the first request information according to the flow control policy for the first type of information comprises: sending first response information to the terminal device in response to determining an amount of information belonging to the first type of information is less than a second threshold, wherein the first response information is first accept information, and the first accept information indicates the attach request information is accepted or the registration request information is accepted, or the first response information indicates that processing of the first request information is rejected; or ignoring the first request information in response to determining the amount of information belonging to the first type of information is greater than or equal to a second the second threshold.
Examiner notes that an interpretation of the claim 1 can result in “receiving first request information from a terminal device, wherein the first request information is used to request a first service;”. As such, there it is vague and unclear why there is “sending first response information being first accept information”, which is clearly for an attach or registration request, when “the first request information is used to request a first service.”
Claims 7-12 are rejected for having the same claim language as indicated in parent claim 6 above.
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.
Claim(s) 1-3, 5, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0332257 A1 to Fan et al. (hereinafter “Fan”) in view of US 2011/0199898 A1 to Cho et al. (hereinafter “Cho”)
Regarding Claim 1 and 15, Fan teaches A communication method, applied to a mobility management network element, the method comprising: (Figure 1 and [0040], illustrates MME)
an apparatus, comprising: a processor; and non-transitory computer-readable storage medium having instructions stored thereon that , when executed by the processor, cause the apparatus to: (Figure 11 and [0149], discloses MME with processor and memory)
receiving first request information from a terminal device, (Figure 5 and [0091], discloses Step 501: After an MME to which UE is attached becomes faulty, a serving MME (i.e. mobility management network element) receives a service request message sent by the UE (i.e. terminal device) using an eNodeB)
wherein the first request information is used to request a first service, or ([0091], the service request message is used to request the MME to which the UE is attached to provide a service for the UE (i.e. request a first service))
in response to determining the first request information belongs to a first type of information, and ([0044], discloses user information of a UE may include subscription data information of the UE, information corresponding to a service of the UE, and the like. When a VoLTE mobile originated and terminated service of the UE (i.e. first type of information), a CSFB mobile originated and terminated service of the UE, and a TAU update service of the UE exist, an MME may acquire, from the user information of the UE, information required for processing these services. [0092] and [0095], discloses Step 502: The serving MME acquires user information of the UE according to the identity of the UE or according to the identity of the UE and the identity of the MME to which the UE is attached)
determining an original receiving network element of the first type of information is a faulty mobility management network element, (Figure 5 and [0091], discloses Step 501: After an MME to which UE is attached becomes faulty, a serving MME receives a service request message sent by the UE using an eNodeB, where the service request message includes an identity of the UE and an identity of the MME to which the UE is attached (i.e. determining original receiving network element is faulty))
processing the first request information according to a flow control policy for the first type of information. ([0105], discloses Step 503: The serving MME provides, according to the user information of the UE, the service corresponding to the service request message for the UE (i.e. processing the first request information))
Fan teaches in [0104] and [0106], rejecting a service due to lack of user information or if the UE is not authorized, but does not explicitly teach processing the first request information according to a flow control policy for the first type of information.
However, in a similar field of endeavor, Cho discloses in [0048], the MME 30 determines whether the current load level of the MME or S-GW/P-GW is greater than the threshold value set in the UE's subscription (i.e. flow control policy) and, if it is, generates a reject message (attach reject or service reject message) and sends the reject message to the UE 10.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Fan to include the above limitations as suggested by Cho, in order for controlling access barring efficiently for the devices when the network load is high as indicated in [0010] of Cho.
Regarding Claim 2, Fan/Cho teaches communication method according to claim 1, further comprising:
Fan further teaches in response to determining an original receiving network element indicated by first information included in the first request information is different from the mobility management network element, (Figure 5 and [0091], discloses Step 501: After an MME to which UE is attached becomes faulty, a serving MME receives a service request message sent by the UE using an eNodeB, where the service request message includes an identity of the UE and an identity of the MME to which the UE is attached (i.e. determining original receiving network element is different)) determining the first request information belongs to the first type of information. [0095], discloses Step 502: The serving MME acquires user information of the UE according to the identity of the UE or according to the identity of the UE and the identity of the MME to which the UE is attached (i.e. determining first request information belongs to the first type of information in response to determining an original receiving network element is different from the mobility management network element))
Regarding Claim 3, Fan/Cho teaches The communication method according to claim 2,
Fan further teaches wherein the first information comprises mobility management entity code (MMEC), or ([0141], discloses the service request message is a VoLTE mobile originated service request message of the UE, or a CSFB request message of the UE, or a 1xCSFB request message of the UE, and the identity of the MME to which the UE is attached is the MMEC of the MME to which the UE is attached)
Regarding Claim 5, Fan/Cho teaches The communication method according to claim 2,
Fan further teaches wherein the first information comprises a globally unique mobility management entity identifier (GUMMEI), or ([0020], discloses the identity of the MME to which the UE is attached is a globally unique temporary identity (GUTI) allocated to the UE by the MME to which the UE is attached (i.e. GUMMEI))
Claims 16 is rejected for having the same limitations as claim 2 above, except the claim is in apparatus format.
Allowable Subject Matter
Claims 4, 6-14, 17-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and further overcoming the 35 USC 112 rejections.
Conclusion
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/JENKEY VAN/ Primary Examiner, Art Unit 2477
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