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
Status of Claims
Claims 1-20 are subject to examination.
Specification
The specification is objected to. In paragraph [0001], status of patent application 17/025,367 should be --now U.S. Patent number 12126994 --.
Claim Limitation Interpreted under 35 U.S.C. 112(f) or
pre-AIA 35 USC § 112, Sixth Paragraph
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “means for determining” (twice), “means for generating” (three times), “means for sending”, in the claims.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7, 9-25 of Palanigounder et al, U.S. Patent No. 12126994 in view of Pan et al., CN 109041143 A. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claim 1 contains limitations of the claim 1 of this application.
Claim of the Patent 12126994
Claim of this application 18825112
1. A method for supporting user plane integrity protection (UP IP) for communications with a radio access network (RAN), comprising: checking, by a processor of a wireless device, a capability setting of the wireless device that is configured to indicate to the wireless device whether the wireless device supports UP IP for Evolved Universal Mobile Telecommunications System (UMTS) Terrestrial Radio Access (eUTRA) connections established between the wireless device and a RAN;
determining, by the processor of the wireless device, whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN based on the capability setting of the wireless device; generating, by the processor, a first security capability information element (IE) of a fifth generation (5G) UE security capability including a first UP IP support indication,
wherein the first UP IP support indication indicates to the RAN whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the first UP IP support indication comprises a setting of at least one bit of Evolved Packet System (EPS) Encryption Algorithm (EEA) bits that is different from at least one bit configured to indicate support of EEA or
at least one bit of EPS Integrity Algorithm (EIA) bits that is different from at least one bit configured to indicate support of EIA wherein the first UP IP support indication indicates support of UP IP with one or more algorithms; and
sending, by the processor, the first security capability IE to a base station.
2. The method of claim 1, further comprising: generating, by the processor, a second security capability IE of an S1 user equipment (UE) security capability including a second UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN or UP IP for new radio (NR) connections established between the wireless device and the RAN; and sending, by the processor, the second security capability IE to the base station.
3. The method of claim 2, wherein the second UP IP support indication is a bit setting in the second security capability IE.
4. The method of claim 2, further comprising: determining, by the processor, whether the wireless device supports UP IP for new radio (NR) connections established between the wireless device and the RAN, wherein generating the second security capability IE of the S1 UE security capability including the second UP IP support indication comprises generating the second security capability IE including the second UP IP support indication and a third UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the third UP IP support indication indicates whether the wireless device supports UP IP for NR connections established between the wireless device and the RAN.
5. The method of claim 4, wherein the second UP IP support indication is a first bit setting in the second security capability IE and the third UP IP support indication is a second bit setting in the second security capability IE.
7. The method of claim 1, wherein the RAN is connected to an Evolved Packet Core (EPC) network or a Next Generation Core (NGC) network.
9. The method of claim 1, wherein the first UP IP support indication indicates support of UP IP with one or more algorithms.
10. A wireless device, comprising: a processor configured with processor-executable instructions to: check a capability setting of the wireless device that is configured to indicate to the wireless device whether the wireless device supports user plane integrity protection (UP IP) for Evolved Universal Mobile Telecommunications System (UMTS) Terrestrial Radio Access (eUTRA) connections established between the wireless device and a radio access network (RAN); determine whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN based on the capability setting of the wireless device; generate a first security capability information element (IE) of a fifth generation (5G) UE security capability including a first UP IP support indication, wherein the first UP IP support indication indicates to the RAN whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the first UP IP support indication comprises a setting of at least one bit of Evolved Packet System (EPS) Encryption Algorithm (EEA) bits that is different from at least one bit configured to indicate support of EEA or at least one bit of EPS Integrity Algorithm (EIA) bits that is different from at least one bit configured to indicate support of EIA wherein the first UP IP support indication indicates support of UP IP with one or more algorithms; and send the first security capability IE to a base station.
11. The wireless device of claim 10, wherein the processor is further configured with processor-executable instructions to: generate a second security capability IE of an S1 user equipment (UE) security capability including a second UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN or UP IP for new radio (NR) connections established between the wireless device and the RAN; and send the second security capability IE to the base station.
12. The wireless device of claim 11, wherein the processor is further configured with processor-executable instructions to generate the second UP IP support indication as a bit setting in the second security capability IE.
13. The wireless device of claim 11, wherein the processor is further configured with processor-executable instructions to: determine whether the wireless device supports UP IP for new radio (NR) connections established between the wireless device and the RAN, and generate the second security capability IE of the S1 UE security capability including the second UP IP support indication by generating the second security capability IE including the second UP IP support indication and a third UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the third UP IP support indication indicates whether the wireless device supports UP IP for NR connections established between the wireless device and the RAN.
14. The wireless device of claim 13, wherein the processor is further configured with processor-executable instructions to generate the second UP IP support indication as a first bit setting in the second security capability IE and the third UP IP support indication as a second bit setting in the second security capability IE.
15. The wireless device of claim 13, wherein the processor is further configured with processor-executable instructions to generate the second UP IP support indication and the third UP IP support indication as a bit setting in the second security capability IE.
16. The wireless device of claim 10, wherein the processor is further configured with processor-executable instructions to generate the first UP IP support indication to indicate support of UP IP with one or more algorithms.
17. A wireless device, comprising: means for checking a capability setting of the wireless device that is configured to indicate to the wireless device whether the wireless device supports user plane integrity protection (UP IP) for Evolved Universal Mobile Telecommunications System (UMTS) Terrestrial Radio Access (eUTRA) connections established between the wireless device and a radio access network (RAN); means for determining whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN based on the capability setting of the wireless device; means for generating a first security capability information element (IE) of a fifth generation (5G) UE security capability including a first UP IP support indication, wherein the first UP IP support indication indicates to the RAN whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the first UP IP support indication comprises a setting of at least one bit of Evolved Packet System (EPS) Encryption Algorithm (EEA) bits that is different from at least one bit configured to indicate support of EEA or at least one bit of EPS Integrity Algorithm (EIA) bits that is different from at least one bit configured to indicate support of EIA wherein the first UP IP support indication indicates support of UP IP with one or more algorithms; and means for sending the first security capability IE to a base station.
18. The wireless device of claim 17, further comprising: means for generating a second security capability IE of an S1 user equipment (UE) security capability including a second UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN or UP IP for new radio (NR) connections established between the wireless device and the RAN; and means for sending the second security capability IE to the base station.
19. The wireless device of claim 18, wherein the second UP IP support indication is a bit setting in the second security capability IE.
20. The wireless device of claim 18, further comprising: means for determining whether the wireless device supports UP IP for new radio (NR) connections established between the wireless device and the RAN, and means for generating the second security capability IE of the S1 UE security capability including the second UP IP support indication by generating the second security capability IE including the second UP IP support indication and a third UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the third UP IP support indication indicates whether the wireless device supports UP IP for NR connections established between the wireless device and the RAN.
21. The wireless device of claim 20, wherein the second UP IP support indication is a first bit setting in the second security capability IE and the third UP IP support indication is a second bit setting in the second security capability IE.
22. The wireless device of claim 20, wherein the second UP IP support indication and the third UP IP support indication are a bit setting in the second security capability IE.
23. A non-transitory processor-readable storage medium having stored thereon processor-executable instructions to cause a processor of a wireless device to perform operations comprising: checking a capability setting of the wireless device that is configured to indicate to the wireless device whether the wireless device supports user plane integrity protection (UPIP) for Evolved Universal Mobile Telecommunications System (UMTS) Terrestrial Radio Access (eUTRA) connections established between the wireless device and a radio access network (RAN); determining whether the wireless device supports for eUTRA connections established between the wireless device and the RAN based on the capability setting of the wireless device; generating a first security capability information element (IE) of a fifth generation (5G) UE security capability including a first UP IP support indication, wherein the first UP IP support indication indicates to the RAN whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the first UP IP support indication comprises a setting of at least one bit of Evolved Packet System (EPS) Encryption Algorithm (EEA) bits that is different from at least one bit configured to indicate support of EEA or at least one bit of EPS Integrity Algorithm (EIA) bits that is different from at least one bit configured to indicate support of EIA wherein the first UP IP support indication indicates support of UP IP with one or more algorithms; and sending the first security capability IE to a base station.
24. The non-transitory processor-readable storage medium of claim 23, wherein the stored processor-executable instructions are configured to cause the processor to perform operations further comprising: generating a second security capability IE of an S1 user equipment (UE) security capability including a second UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN or UP IP for new radio (NR) connections established between the wireless device and the RAN; and sending the second security capability IE to the base station.
25. The non-transitory processor-readable storage medium of claim 24, wherein the stored processor-executable instructions are configured to cause the processor to perform operations further comprising: determining whether the wireless device supports UP IP for new radio (NR) connections established between the wireless device and the RAN, and generating the second security capability IE of the S1 UE security capability including the second UP IP support indication by generating the second security capability IE including the second UP IP support indication and a third UP IP support indication, wherein the second UP IP support indication indicates whether the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN and the third UP IP support indication indicates whether the wireless device supports UP IP for NR connections established between the wireless device and the RAN.
1. A method for supporting user plane integrity protection (UP IP) for communications with a radio access network (RAN), comprising:
determining, by a processor of a wireless device, that the wireless device supports UP IP for Evolved Universal Mobile Telecommunications System (UMTS) Terrestrial Radio Access (eUTRA) connections established between the wireless
device and the RAN based on a capability setting of the wireless device;
generating, by the processor, a fifth generation (5G) user equipment (UE) security capability information element (IE) including an UP IP support indication,
wherein: a bit of an Evolved Packet System (EPS) Integrity Algorithm (EIA) support indication is configured to indicate to the RAN that the wireless device supports UP IP for eUTRA connections established between the wireless device and the RAN; and
the EIA support indication is further configured to indicate to the RAN that the wireless device supports one or more EIA algorithms; and
sending, by the processor, the 5G UE security capability IE to a base station.
2. The method of claim 1, wherein the UP IP support indication is a first UP IP
support indication, the method further comprising: generating, by the processor, an S1 UE security capability IE including a
second UP IP support indication, wherein the second UP IP support indication
indicates whether the wireless device supports UP IP for eUTRA connections
established between the wireless device and the RAN or UP IP for new radio (NR)
connections established between the wireless device and the RAN; and
sending, by the processor, the S1 UE security capability IE to the base station.
3. The method of claim 2, wherein the second UP IP support indication is a bit in the
S1 UE security capability IE.
4. The method of claim 2, further comprising:
determining, by the processor, whether the wireless device supports UP IP for
new radio (NR) connections established between the wireless device and the RAN,
wherein generating the S1 UE security capability IE including the second UP
IP support indication comprises generating the S1 UE security capability IE including
the second UP IP support indication and a third UP IP support indication, wherein the
second UP IP support indication indicates whether the wireless device supports UP IP
for eUTRA connections established between the wireless device and the RAN and the
third UP IP support indication indicates whether the wireless device supports UP IP
for NR connections established between the wireless device and the RAN.
5. The method of claim 4, wherein the second UP IP support indication is a first bit in
the S1 UE security capability IE and the third UP IP support indication is a second bit
in the S1 UE security capability IE.
6. The method of claim 1, wherein the RAN is connected to an Evolved Packet Core
(EPC) network or a Next Generation Core (NGC) network.
7. The method of claim 1, wherein the UP IP support indication indicates support of
UP IP with one or more algorithms.
8. A wireless device, comprising:
a processor configured with processor-executable instructions to:
determine that the wireless device supports user plane integrity
protection (UP IP) for Evolved Universal Mobile Telecommunications System
(UMTS) Terrestrial Radio Access (eUTRA) connections established between
the wireless device and a radio access network (RAN) based on a capability
setting of the wireless device;
generate a fifth generation (5G) user equipment (UE) security capability
information element (IE) including an UP IP support indication, wherein:
a bit of an Evolved Packet System (EPS) Integrity Algorithm
(EIA) support indication is configured to indicate to the RAN that the
wireless device supports UP IP for eUTRA connections established
between the wireless device and the RAN; and
the EIA support indication is further configured to indicate to the
RAN that the wireless device supports one or more EIA algorithms; and
send the 5G UE security capability IE to a base station.
9. The wireless device of claim 8, wherein the UP IP support indication is a first UP
IP support indication, and wherein the processor is further configured with processor-
executable instructions to:
generate an S1 UE security capability IE including a second UP IP support
indication, wherein the second UP IP support indication indicates whether the wireless
device supports UP IP for eUTRA connections established between the wireless
device and the RAN or UP IP for new radio (NR) connections established between the
wireless device and the RAN; and
send the S1 UE security capability IE to the base station.
10. The wireless device of claim 9, wherein the processor is further configured with
processor-executable instructions to generate the second UP IP support indication as a
bit in the S1 UE security capability IE.
11. The wireless device of claim 9, wherein the processor is further configured with
processor-executable instructions to:
determine whether the wireless device supports UP IP for new radio (NR)
connections established between the wireless device and the RAN, and
generate the S1 UE security capability IE including the second UP IP support
indication by generating the S1 UE security capability IE including the second UP IP
support indication and a third UP IP support indication, wherein the second UP IP
support indication indicates whether the wireless device supports UP IP for eUTRA
connections established between the wireless device and the RAN and the third UP IP
support indication indicates whether the wireless device supports UP IP for NR
connections established between the wireless device and the RAN.
12. The wireless device of claim 11, wherein the processor is further configured with
processor-executable instructions to generate the second UP IP support indication as a
first bit setting in the SI UE security capability IE and the third UP IP support
indication is a second bit in the S1 UEsecurity capability IE.
13. The wireless device of claim 8, wherein the processor is further configured with
processor-executable instructions to generate the UP IP support indication to indicate
support of UP IP with one or more EIA algorithms.
14. A wireless device, comprising:
means for determining that the wireless device supports user plane integrity
protection (UP IP) for Evolved Universal Mobile Telecommunications System
(UMTS) Terrestrial Radio Access (eUTRA) connections established between the
wireless device and a radio access network (RAN) based on a capability setting of the
wireless device;
means for generating a fifth generation (5G) user equipment (UE) security
capability information element (IE) including an UP IP support indication, wherein:
a bit of an Evolved Packet System (EPS) Integrity Algorithm (EIA)
support indication is configured to indicate to the RAN that the wireless device
supports UP IP for eUTRA connections established between the wireless
device and the RAN; and
the EIA support indication is further configured to indicate to the RAN
that the wireless device supports one or more EIA algorithms; and
means for sending the 5G UE security capability IE to a base station.
15. The wireless device of claim 14, wherein the UP IP support indication is a first
UP IP support indication, the wireless device further comprising:
means for generating an S1 UE security capability IE including a second UP IP
support indication, wherein the second UP IP support indication indicates whether the
wireless device supports UP IP for eUTRA connections established between the
wireless device and the RAN or UP IP for new radio (NR) connections established
between the wireless device and the RAN; and
means for sending the S1 UE security capability IE to the base station.
16. The wireless device of claim 15, wherein the second UP IP support indication is a
bit in the S1 UE security capability IE.
17. The wireless device of claim 15, further comprising:
means for determining whether the wireless device supports UP IP for new
radio (NR) connections established between the wireless device and the RAN,
wherein means for generating the S1 UE security capability IE including the
second UP IP support indication comprises means for generating the S1 UE security
capability IE including the second UP IP support indication and a third UP IP support
indication, wherein the second UP IP support indication indicates whether the wireless
device supports UP IP for eUTRA connections established between the wireless
device and the RAN and the third UP IP support indication indicates whether the
wireless device supports UP IP for NR connections established between the wireless
device and the RAN.
18. The wireless device of claim 17, wherein the second UP IP support indication is a
first bit in the S1 UE security capability IE and the third UP IP support indication is a
second bit in the S1 UE security capability IE.
19. The wireless device of claim 14, wherein the RAN is connected to an Evolved
Packet Core (EPC) network or a Next Generation Core (NGC) network.
20. The wireless device of claim 14, wherein the UP IP support indication indicates
support of UP IP with one or more EIA algorithms.
Regarding the above limitations of claim 1 that are not in claim 1 of the patent, Pan discloses, a setting of a bit of EPS encryption algorithm bit that is different from a bit configured to indicate support of EEA (
the security capability of the security capability and the 5G can comprises an encryption algorithm and an integrity protection algorithm. the encryption algorithm or integrity protection algorithm needed to reserve space to store one or more bits, second last para, page 12
space of 5 G of the encryption algorithm is many bits (bit), wherein the value of each bit represents an encryption algorithm. can be obtained by a combination of bit values at different positions represents the support of corresponding encryption algorithm. For example, when all bits are 0, representing only supports the 5G encryption algorithm 1. wherein the encryption algorithm 1 is a null algorithm, when all bits are 0, representing only supports the 5G encryption algorithm 1, when the other bit is 1, then the 5G encryption algorithm 1 is also supported. for example, the first bit is 1, it represents supports the 5G encryption algorithm 2 and a 5G encryption algorithm 1, the third bit is 1, it represents supports 5G encryption algorithm 3 and 5G encryption algorithm 1, other value of each bit may also represent an encryption algorithm here, para 7, page 13.
the length of the security capability is several bytes. wherein the byte 1 represents the cell name of the security capability, byte 2 represents the length of the safety capability of the content. byte 3 and byte 4 are respectively used for storing the 5G security capability, such as byte 3 is used for storing encryption algorithm 5G security capability in byte 4 used for storing the integrity protection algorithm 5G security capability in byte 4 and byte 5 used for storing the 5G security capability, byte 5 is used for storing integrity protection algorithm in the 5G security capability. For example, bit position 8 of byte 4 is 1, it is shown that supports evolved packet system evolved packet system (EPS) encryption algorithm (EPS bytecode algorithm, EEA) 0, byte, bit 7 4 is 1, it means that supports EPS encryption algorithm EEA1, bit position 8 of byte 5 is 1, representing supporting EPS integrity protection algorithm (EPS Integrity algorithm, EIA) 0, last para, page 12.
byte 1 represents the cell name of the security capability, byte 2 represents the length of the safety capability of the content. byte 3 and byte 4 used for storing the 4G security capability, wherein the byte 3 is used for storing encryption algorithm 4G security capability in byte 4 is used to store integrity protection algorithm in the 4G security capability. For example, bit position 8 of byte 3 is 1, it is shown that supports evolved packet system (Evolved Packet System, EPS) encryption algorithm (EPS bytecode algorithm, EEA) 0, byte, bit 7 3 is 1, it means that supports EPS encryption algorithm EEA1, bit position 8 of byte 4 is 1, representing supporting EPS integrity protection algorithm (EPS Integrity algorithm, EIA) 0, second last para, page 20.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by the patent claim to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing of well-known usage of bit(s) for the specifying of which algorithm is used. This would enable utilize either EPS encryption algorithm or EPS integrity algorithm mentioned with the security capability for establishing a connection, second last par, page 14.
Claims 8 and 14 contain similar limitations of claim 1 and hence subject to the same rejections.
Claims 2-7 depend upon claim 1, claims 9-13 depend upon claim 8, claims 15-20 depend upon claim 14 and hence subject to the same rejections.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim”.
In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Bern, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). '' ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Allowable Subject Matter
Claims 1-20 are not subject prior art for the same reasons as in the parent application, but subject to the double patenting rejections.
Conclusion
Pertinent prior arts: Zhu et al., 20200008069
[0017] FIGS. 1A-1C are diagrams illustrating an exemplary multi-RAT dual connectivity network environments in which systems and methods described herein may be implemented. In particular, FIG. 1A is a diagram of an exemplary network environment 102 for introducing a 5G network/devices. As shown in FIG. 1A, environment 102 may include 4G-capable user equipment (UE) 105, Evolved Universal Mobile Telecommunications System (UMTS) Terrestrial Radio Access (E-UTRA)—5G New Radio (NR) Dual Connectivity (EN-DC)—capable UE 110, an E-UTRA network including one or more eNodeBs (eNB) 125, a 5G NR RAN 130 including one or more mmWave gNBs 135, an evolved packet core (EPC) network 150 with network devices 155, and an Internet Protocol (IP) multimedia subsystem (IMS) network 160. 4G UE 105 and EN-DC UE 110 may be collectively referred to herein as “end devices” or generically as “end device.” Similarly, eNB 125 and mmWave gNB 135 may be collectively referred to herein as “wireless stations 125/135” or generically as “wireless station 125/135.” According to other embodiments, environment 102 may include additional networks, fewer networks, and/or different types of networks than those illustrated and described herein. [0032] NGC network 170 includes a core network to support standalone 5G standards. For example, NGC network 170 may include various network devices 175 that support the core part of a next generation network. By way of further example, NGC network 170 may include a user plane function (UPF). [0034] Similar to eNB/gNB 145, combined eNB/gNB 148 may include a network device and other components that allow 5G SA UE 115 to wirelessly connect to 5G NR RAN 130 and NGC network 170.
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/HARESH N PATEL/Primary Examiner, Art Unit 2496
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