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 28-43 have been examined and are pending.
Information Disclosure Statement
An initialed and dated copy of Applicant’s IDS form 1449 submitted 07/23/2024 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.
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)(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.
Claim(s) 28-37, 39-43 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0116822 A1 to Sahin et al. (hereinafter “Sahin”)
Regarding Claim 28, Sahin teaches A method of a session management function element or instance in a mobile communication system, comprising: (Figure 3, illustrates SMF 380 (i.e. session management function element))
initiating control of establishment of at least one user plane session for access traffic multipath communication across multiple accesses via different access paths between a communication function element or instance and at least one user plane function element or instance, (Figure 2 and [0008], illustrates MA PDU session establishment procedure (i.e. establishment of at least one user plane session for access traffic multipath communication), in which the PDU session establishment request is sent to the SMF (i.e. initiating control of establishment) via the AMF. [0003], discloses Access Traffic Steering, Switching, and Splitting (ATSSS) feature to steer, switch, and split the Multi-Access (MA) Protocol Data Unit (PDU) session traffic across a 3GPP radio access network (RAN) and a non-3GPP RAN (i.e. via different access paths). Figure 1 and 7 and [0061], further illustrates an MA PDU session between UE 710 (i.e. communication function element) and UPF (i.e. at least one user plane function element), where the UE 710 divides the uplink data into 3GPP uplink data 712 for wireless transmission via the 3GPP RAN 720 to the UPF 740 and non-3GPP uplink data 714 for wireless transmission via the non-3GPP RAN 730 to the UPF 740 (i.e. access traffic multipath communication across multiple accesses via different access paths)
obtaining communication information of an external steering function element or instance to be used for steering access traffic multipath communication in the at least one user plane session, said external steering function element or instance located outside of and connected to the at least one user plane function element or instance, ([0006], further discloses MPTCP proxy functionality 150 that applies ATSSS-related downlink rules that control how the UPF 140 divides its downlink data into 3GPP and non-3GPP downlink data (i.e. steering access traffic multipath communication in the at least one user plane session). [0046], discloses the SMF 380 (i) directly queries the external MPTCP proxy (i.e. external steering function element) 350 for IP address(es) and port information (i.e. obtaining communication information) via the Na interface 351. Figure 3 and [0045], discloses the MPTCP proxy 350 is implemented external to the UPF 340 (i.e. external steering function element located outside of and connected to the at least one user plane function element).
creating access traffic multipath communication rules, forwarding action rules and multi access rules for access traffic multipath communication in the at least one user plane session, and ([0007], discloses the Session Management Function (SMF) 180 either derives (i.e. creating) the ATSSS-related rules from ATSSS control information received from the Policy Control Function (PCF) 170. The ATSSS-related rules in the UE are called ATSSS rules (i.e. access traffic multipath communication rules); and the ATSSS-related rules in the UPF are called N4 rules (i.e. forwarding action rules). [0041], discloses passing the ATSSS-related rules to the external MPTCP proxy (i.e. multi access rules).
providing the access traffic multipath communication rules and the communication information of the external steering function element or instance to the communication function element or instance, the forwarding action rules to the at least one user plane function element or instance, and the multi access rules to the steering function element or instance. (Figure 3, illustrates SMF 380 providing N11/N1 ATSSS (UL) rules to UE 310 (i.e. providing access traffic multipath communication rules to the communication function element), N4 ATSSS rules (UL+DL) to UPF 340(i.e. providing forwarding action rules to the at least one user plane function element), and Na ATSSS rules (DL) to External MPTCP proxy 350 (i.e. providing the multi access rules to the steering function element). [0076] the SMF node is configured to provide address information of the external MPTP proxy node to a user equipment (UE) node (i.e. providing communication information of the external steering function element to the communication function element))
Regarding Claim 29, Sahin teaches The method according to claim 28, said initiating comprising:
determining to use an external steering function element or instance for steering access traffic multipath communication in the at least one user plane session, and/or discovering and/or selecting an external steering function element or instance for steering access traffic multipath communication in the at least one user plane session. ([0039], In the first technique, discloses the SMF selects an external MPTCP proxy node and retrieves its address information (i.e. selecting an external steering function element or instance). In the second technique, the UPF selects an external MPTCP proxy node and retrieves its address information, and then the UPF provides the information to the SMF (i.e. discovering). [0040], discloses Selection of an external MPTCP proxy node and retrieval of its address information by an SMF or a UPF could be performed via pre-configuration in these nodes (i.e. determining to use))
Regarding Claim 30, Sahin teaches The method according to claim 29, said determining is based on one or more of: i.e. determining based on a network configuration or configuration information relating to access traffic multipath communication), then the SMF 380 selects an external MPTCP proxy (in this example, the external MPTCP proxy 350) to be used for the PDU session.)
Regarding Claim 31, Sahin further teaches The method according to claim 30, wherein at least one of: the indication comprises one or more of communication information of an external steering function element or instance to be used, and/or one or more of information, such as one or more of application information, slice-related information and data network-related information, indicating that an external steering function element or instance is to be used, or the profile information is held by an external steering function element or instance or an associated application function, and/or is fetched from or subscribed to at a repository function element or instance, directly and/or via a network exposure function element or instance. (Examiner notes that the claim language of claim 31 (i.e. “the indication” and “the profile information”) further limits optional claim alternatives that were not chosen in Claim 30. As such, no patentable weight is provided for these limitations).
Regarding Claim 32, Sahin further teaches The method according to claim 30, wherein the capability information is provided by the at least one user plane function element or instance, or is fetched or subscribed via a profile of the at least one user plane function element or instance, stored in a repository function element or instance, from the repository function element or instance and/or via a network exposure function element or instance. (Examiner notes that the claim language of claim 32 (i.e. “capability information”) further limits optional claim alternatives that were not chosen in Claim 30. As such, no patentable weight is provided for these limitations).
Regarding Claim 33, Sahin further teaches The method according to claim 30, wherein the network configuration or configuration information relating to access traffic multipath communication is configured in or by the session management function element or instance (Examiner notes that the claim language recites optional language, in which only one of the listed claim alternatives are required to perform the invention. [0040], discloses Selection of an external MPTCP proxy node and retrieval of its address information by an SMF or a UPF could be performed via pre-configuration in these nodes (i.e. configured in the session management function element))
Regarding Claim 34, Sahin teaches The method according to claim 28, said obtaining comprising:
choosing and/or fetching one or more of the communication information of the external steering function element or instance, and/or identifying port and/or IP address information of a port and/or an IP address of the external steering function element or instance to be used for the at least one user plane session. ([0046], discloses the SMF 380 (i) directly queries the external MPTCP proxy 350 for IP address(es) and port information via the Na interface 351 (i.e. fetching communication information, identifying port and IP address)
Regarding Claim 35, Sahin teaches The method according to claim 34, wherein the one or more of the communication information is provided to the communication function element or instance, (Examiner notes that the claim language recites optional language, in which only one of the listed claim alternatives are required to perform the invention. [0076] the SMF node is configured to provide address information of the external MPTP proxy node to a user equipment (UE) node (i.e. providing communication information of the external steering function element to the communication function element))
Regarding Claim 36, Sahin teaches The method according to claim 34,said identifying comprising: IP address from the external steering function element or instance. (Examiner notes that the claim language recites optional language, in which only one of the listed claim alternatives are required to perform the invention. [0046], discloses the SMF 380 (i) directly queries the external MPTCP proxy 350 for IP address(es) and port information via the Na interface 351 (i.e. requesting and acquiring))
Regarding Claim 37, Sahin teaches A method of a communication function element or instance in a mobile communication system, comprising: (Figure 3, illustrates UE 310 (i.e. communication function element))
requesting establishment of at least one user plane session for access traffic multipath communication across multiple accesses via different access paths between the communication function element or instance and at least one user plane function element or instance, (Figure 2 and [0008], illustrates MA PDU session establishment procedure (i.e. establishment of at least one user plane session for access traffic multipath communication), in which the PDU session establishment request is sent to the SMF (i.e. requesting establishment) via the AMF. [0003], discloses Access Traffic Steering, Switching, and Splitting (ATSSS) feature to steer, switch, and split the Multi-Access (MA) Protocol Data Unit (PDU) session traffic across a 3GPP radio access network (RAN) and a non-3GPP RAN (i.e. via different access paths). Figure 1 and 7 and [0061], further illustrates an MA PDU session between UE 710 (i.e. communication function element) and UPF (i.e. at least one user plane function element), where the UE 710 divides the uplink data into 3GPP uplink data 712 for wireless transmission via the 3GPP RAN 720 to the UPF 740 and non-3GPP uplink data 714 for wireless transmission via the non-3GPP RAN 730 to the UPF 740 (i.e. access traffic multipath communication across multiple accesses via different access paths)
obtaining access traffic multipath communication rules for access traffic multipath communication in the at least one user plane session and communication information of an external steering function element or instance, from a session management function element or instance, ([0007], discloses the Session Management Function (SMF) 180 either derives (i.e. creating) the ATSSS-related rules from ATSSS control information received from the Policy Control Function (PCF) 170. The ATSSS-related rules in the UE are called ATSSS rules (i.e. access traffic multipath communication rules). Figure 3, illustrates SMF 380 providing N11/N1 ATSSS (UL) rules to UE 310 (i.e. providing access traffic multipath communication rules to the communication function element), [0076] the SMF node is configured to provide address information of the external MPTP proxy node to a user equipment (UE) node (i.e. obtaining communication information of the external steering function element))
the external steering function element or instance, which is to be used for steering access traffic multipath communication in the at least one user plane session and is located outside of and connected to the at least one user plane function element or instance ([0006], further discloses MPTCP proxy functionality 150 that applies ATSSS-related downlink rules that control how the UPF 140 divides its downlink data into 3GPP and non-3GPP downlink data (i.e. steering access traffic multipath communication in the at least one user plane session). Figure 3 and [0045], discloses the MPTCP proxy 350 is implemented external to the UPF 340 (i.e. external steering function element located outside of and connected to the at least one user plane function element).
establishing the at least one user plane session based on the access traffic multipath communication rules and the communication information of the external steering function element or instance. ([0006], discloses the UE 110 has Multi-Path Transmission Control Protocol (MPTCP) functionality 112 that applies ATSSS-related uplink rules that control how the UE 110 divides its uplink data into 3GPP and non-3GPP uplink data. Figure 2, step 13, illustrates AN-specific resource setup (PDU session establishment accept) (i.e. establish the user plane session))
Regarding Claim 39, Sahin teaches The method according to claim 37 , said obtaining comprising: obtaining port and/or IP address information of a port and/or an IP address of the external steering function element or instance to be used for the at least one user plane session, and/or obtaining path-specific IP addresses or prefixes for the different access paths. ( [0076] the SMF node is configured to provide address information of the external MPTP proxy node to a user equipment (UE) node (i.e. obtaining port/IP address information of a port). [0050], further discloses the UPF 340 will still allocate the UE Link-Specific IP address(es) and TCP port number for 3GPP access and/or non-3GPP access (i.e obtaining path specific IP addresses or prefixes for the different access paths))
Regarding Claim 40, Sahin teaches The method according to claim 39, wherein
in the case that a single user plane function element or instance is used for the different access paths, the at least one user plane session is established to the single user plane function element or instance using the path-specific IP addresses or prefixes, (Figure 7, illustrates a single UPF for an MA PDU session with a UE. [0050], further discloses the UPF 340 will still allocate the UE Link-Specific IP address(es) and TCP port number for 3GPP access and/or non-3GPP access (i.e path specific IP addresses or prefixes for the different access paths))
Regarding Claim 41, Sahin teaches A method of a steering function element or instance in a mobile communication system, comprising: (Figure 3, illustrates external MPTCP Proxy 350 (i.e. steering function element))
obtaining multi access rules for access traffic multipath communication in at least one user plane session from a session management function element or instance, and ((Figure 2 and [0008], illustrates MA PDU session establishment procedure (i.e. establishment of at least one user plane session for access traffic multipath communication). Figure 3, illustrates SMF 380 (i.e. session management function element) providing Na ATSSS rules (DL) to External MPTCP proxy 350 (i.e. providing the multi access rules to the steering function element). [0076] the SMF node is configured to provide address information of the external MPTP proxy node to a user equipment (UE) node (i.e. providing communication information of the external steering function element to the communication function element))
steering access traffic multipath communication across multiple accesses via different access paths between a communication function element or instance and at least one user plane function element or instance based on the multi access rules, ([0006], further discloses MPTCP proxy functionality 150 that applies ATSSS-related downlink rules that control how the UPF 140 divides its downlink data into 3GPP and non-3GPP downlink data (i.e. steering access traffic multipath communication across multiple accesses via different access paths). Figure 1 and 7 and [0061], further illustrates an MA PDU session between UE 710 (i.e. communication function element) and UPF (i.e. at least one user plane function element), where the UE 710 divides the uplink data into 3GPP uplink data 712 for wireless transmission via the 3GPP RAN 720 to the UPF 740 and non-3GPP uplink data 714 for wireless transmission via the non-3GPP RAN 730 to the UPF 740 (i.e. access traffic multipath communication across multiple accesses via different access paths))
wherein the steering function element or instance is located outside of and connected to the at least one user plane function element or instance. (Figure 3 and [0045], discloses the MPTCP proxy 350 is implemented external to the UPF 340 (i.e. steering function element located outside of and connected to the at least one user plane function element).
Regarding Claim 42, Sahin teaches The method according to claim 41, further comprising at least one of:
assisting identification of port and/or IP address information of a port and/or an IP address of the steering function element or instance to be used for the at least one user plane session at the session management function element or instance, (Examiner notes that the claim language recites optional language, in which only one of the listed claim alternatives are required to perform the invention. [0046], discloses the SMF 380 (i) directly queries the external MPTCP proxy 350 for IP address(es) and port information (i.e. assisting identification of port and/or IP address information of a port) via the Na interface 351)
Regarding Claim 43, Sahin teaches The method according to claim 42, said assisting comprising:
and providing assignment of the chosen port and/or IP address to the session management function element or instance. (Examiner notes that the claim language recites optional language, in which only one of the listed claim alternatives are required to perform the invention. [0046], discloses the SMF 380 (i) directly queries the external MPTCP proxy 350 for IP address(es) and port information via the Na interface 351 (i.e. requesting assignment and providing assignment))
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) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sahin in view of US 2019/0306068 A1 to Kiss et al. (hereinafter “Kiss”)
Regarding Claim 38, Sahin teaches The method according to claim 37, said requesting comprising:
Sahin does not explicitly teach providing an indication of preferred or requested usage of an external steering function element or instance for steering access traffic multipath communication in the at least one user plane session to the session management function element or instance, wherein the indication comprises one or more of communication information of an external steering function element or instance to be used, and/or one or more of information, such as application information, data network-related information or slice-related information, indicating that an external steering function element or instance is to be used.
However, the concept of a UE sending a preference for a steering function element for steering access traffic multipath communication is well known in the art. For example, in a similar field of endeavor, [0088], discloses The techniques described herein with respect to FIG. 8 may be useful for implementing a MPTCP proxy in a cellular network as an addressable or off-path MPTCP proxy (i.e. external steering function), at least according to some embodiments. For example, in such a case, a MPTCP capable wireless device that prefers to use MPTCP in a PDU session may be configured with MPTCP proxy information such as MPTCP proxy address, port, and type, so that the wireless device can selectively send all or certain MPTCP traffic to this proxy. [0098], further discloses For example, as one possibility, the wireless device may indicate, during MPTCP PDU session establishment, the wireless device's preference or permission regarding whether the cellular network can apply a transparent MPTCP proxy on the MPTCP flows established within the MPTCP PDU session. Examiner notes that a preference to not apply transparent MPTCP proxy (i.e. non-external steering function) is an obvious variation of a preference for non-transparent/off-path/addressable MPTCP proxy.
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 Sahin to include the above limitations as suggested by Kiss, such that wireless devices capable of accessing the cellular network via multiple access types may be able to obtain at least some benefits of MPTCP communication even in circumstances when end-to-end MPTCP communication is not supported as indicated in [0007] of Kiss.
Conclusion
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/JENKEY VAN/ Primary Examiner, Art Unit 2477
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