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 .
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8-12 and 15-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kim et al. (US 2022/0191100, Kim hereafter).
RE claims 1 and 8, Zhou discloses a method and a communication device, comprising: a processor; and a memory storing one or more computer programs (Paragraph 190, UE), which, when executed by the processor, cause the communication device to: transmit first information to a core network element, wherein the first information comprises information related to usage of a policy rule configured by a core network for a terminal device (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”).
RE claims 2 and 9, Zhou discloses the method according to claim 1 and communication device according to claim 8 as set forth above. Note that Zhou further discloses wherein the first information further comprises at least one of: first sub-information, indicating an identified and/or unidentified policy rule (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”)
RE claims 3 and 10, Zhou discloses the method according to claim 1 and communication device according to claim 8 as set forth above. Note that Zhou further discloses wherein transmitting the first information to the core network element comprises: upon receiving a downlink message from the core network element, transmitting a reply message corresponding to the downlink message to the core network element, wherein the reply message comprises the first information (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”)
RE claims 4 and 11, Zhou discloses the method according to claim 1 and communication device according to claim 8 as set forth above. Note that Zhou further discloses upon receiving the downlink message, evaluating a policy rule in the downlink message, and determining an identified and/or unidentified policy rule; and generating the first information based on the identified and/or unidentified policy rule (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”)
RE claims 5 and 12, Zhou discloses the method of claim 3 and communication device of claim 10 as set forth above. Note that Zhou further discloses wherein the reply message is contained in a first container (Paragraph 114: “ … the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112.”).
RE claim 15, Zhou discloses a communication device, comprising: a processor; and a memory storing one or more computer programs, which, when executed by the processor (Paragraph 190, base station), cause the communication device to: receive first information from a terminal device, wherein the first information comprises information related to usage of a policy rule configured by a core network for the terminal device (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”)
RE claim 16, Zhou discloses the communication device according to claim 15 as set forth above. Note that Zhou further discloses wherein the first information further comprises at least one of: first sub-information, indicating an identified and/or unidentified policy rule (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”)
RE claim 17, Zhou discloses the communication device according to claim 15 as set forth above. Note that Zhou further discloses wherein transmitting the first information to the core network element comprises: upon receiving a downlink message from the core network element, transmitting a reply message corresponding to the downlink message to the core network element, wherein the reply message comprises the first information (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”)
RE claim 18, Zhou discloses the communication device according to claim 15 as set forth above. Note that Zhou further discloses wherein a policy rule in the downlink message is configured to be evaluated by the terminal device, and the first information is generated upon determination of an identified and/or unidentified policy rule (Paragraph 114: “When the UE 120 newly receives a Globally Unique Temporary Identifier (GUTI) through the registration accept message of operation 440, the UE 120 may transmit a registration complete message to the AMF 112 to complete the registration procedure in operation 450. According to an embodiment, when the UE 120 receives the MANAGE UE POLICY COMMAND message through the registration accept message of operation 440, the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112. The AMF 112 may transmit the policy container to the PCF 114.”).
RE claim 19, Zhou discloses the communication device of claim 17 as set forth above. Note that Zhou further discloses wherein the reply message is contained in a first container (Paragraph 114: “ … the UE 120 may insert a MANAGE UE POLICY COMPLETE message indicating the MANAGE UE POLICY COMMAND has been well applied in the policy container and transmit the play container to the AMF 112.”).
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.
Claims 6, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Zhang et al. (US 2023/0180309, Zhang hereafter).
RE claims 6, 13 and 20, Zhou discloses the method of claim 3 and communication devices of claim 10 and 17 as set forth above. Zhou does not explicitly disclose wherein transmitting the first information to the core network element comprises: transmitting a packet data unit (PDU) session establishment/modification request to the core network element, wherein the PDU session establishment/modification request comprises the first information.
However, Zhang teaches transmitting a packet data unit (PDU) session establishment/modification request to the core network element, wherein the PDU session establishment/modification request comprises the first information (Paragraph 85:” That is, at 352 UE 115-b may transmit a PDU establishment request message to AMF 310 via second subscription 210-a (e.g., by the second SIM). The PDU establishment request message may indicate to AMF 310 the matching policy to use in establishing the data connection. In some cases, the PDU establishment request message includes a DNN, PDU session type, session and service continuity mode, or any combination thereof.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and devices of Zhou with the teachings of Zhang since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Griot et al. (US 2018/0270840, Griot hereafter).
RE claims 7 and 14, Zhou discloses the method according to claim 1 and communication device according to claim 8 as set forth above. Zhou does not explicitly disclose transmitting a first indication to the core network element, wherein the first indication indicates that the terminal device supports reporting the first information and/or at least one sub-information in the first information; and receiving a second indication from the core network element, wherein the second indication indicates that the core network element supports the terminal device in reporting the first information and/or at least one sub-information in the first information.
However, Griot teaches transmitting a first indication to the core network element, wherein the first indication indicates that the terminal device supports reporting the first information and/or at least one sub-information in the first information (Figure 4, paragraphs 128 : “The UE 115-c may transmit the policy information request message 415 to the AMF 120-c of the core network. In some examples, the policy information request message 415 may be communicated using an Ni interface. The policy information request message 415 may be an NAS message, in some examples. In some instances, (e.g., if the policy request is a standalone request), the policy update request may be transmitted over a NAS transport message. The policy information request message 415 may also be sent as part of a registration request or a service request message. The policy information request message 415 may include a request with no further information, or it may contain specific policies or policy types that the UE 115-c is requesting. The UE 115-c may have been previously configured (via USIM/via NAS signaling or other means) to know which policies can be requested via NAS.”); and receiving a second indication from the core network element, wherein the second indication indicates that the core network element supports the terminal device in reporting the first information and/or at least one sub-information in the first information (Figure 4, Paragraphs 140-144).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and device of Zhou with the teachings of Griot since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James P Duffy whose telephone number is (571)270-7516. The examiner can normally be reached Tuesday-Friday, 9am-6pm EST.
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/James P Duffy/Primary Examiner, Art Unit 2461
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