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 § 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.
Claims 9, 18 are 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.
Claims 9, 18 recite the limitation “…one or more destination devices” on line 3 of each claim which makes the claims indefinite. It’s unclear if “…one or more destination devices” include “a destination device” recited in claims 1, 10 from which each respective claim claims dependency from. Examiner will interpret as best understood.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-8, 10-12, 15-17, 19, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Arvidsson et al (USPN 20120063402) in view of Chen et al (USPN 20180279161).
Regarding claim 10, Arvidsson discloses
a node for marking a Quality of Service (QoS) for packet traffic on a connection between a User Equipment (UE) and a destination device, wherein the node is disposed along the connection between the UE and the destination device, the node comprising: (a node, e.g. FIG. 1 #104 #106, for marking QoS packet traffic between a UE, FIG. 1 #102, and a server/destination device, FIG. 1 #112, [0033, 0034, 0054, 0055]
one or more processors; a memory containing instructions which, when executed by the one or more processors, cause the node to: (storage system, FIGs. 6, 7 #606 #706, comprising software executed by processor, FIGs. 6, 7 #602, #702, causing the node to perform [0058, 0059], FIG. 5
receive, from the UE, an Uplink (UL) carrier traffic destined for the destination device, (base station, FIG. 1 #104, receives uplink packet from UE intended for server [0033, 0045, 0048, 0049]
and store the QoS parameter linked to the routing information in a data structure (base station, FIG. 1 #102, stores priority information contained in downstream packet linked with a stored 5-tuple [0054, 0055]
receive Downlink (DL) carrier traffic from the destination device, wherein the DL carrier traffic includes the routing information (after base station forwards UL packet to server, it receives downstream packet which contains the same IP header fields [0049-0054], FIG. 9
associate the routing information carried in the UL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the UL carrier traffic (base station compares a 5-tuple from UL packet with stored 5-tuple to retrieve priority information [0055, 0056]
Arvidsson does not expressly disclose the UL carrier traffic including a QoS parameter to indicate a class of QoS applied to the UL carrier traffic; associate the QoS parameter with routing information carried in the UL carrier traffic; associate the routing information carried in the DL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the DL carrier traffic
Chen discloses the UL carrier traffic including a QoS parameter to indicate a class of QoS applied to the UL carrier traffic (uplink traffic carriers a DSCP field received by gateway, gateway then modifies a DSCP field of IP packet to a DSCP parameter [0040, 0236, 0305, 0309]
associate the QoS parameter with routing information carried in the UL carrier traffic (user plan gateway, e.g. FIG. 3 GW-U, processes uplink packets and extracts DSCP from the uplink packet, when an uplink packet leaves GTP tunnel the gateway extracts the outer-layer packet DSCP of the uplink packet and writes it into the inner-layer packet header [0236, 0238, 0248, 0249]
associate the routing information carried in the DL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the DL carrier traffic (user plane gateway receiving DL packet, processes for QoS marking, modifies the DSCP field of the IP packet when forwarding, extracts the outer-layer DSCP and writes it into the inner-layer packet header with the DSCP parameter mapped from the QoS parameter via mapping table [0236, 0250, 0251, 0309, 0313, 0314]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “the UL carrier traffic including a QoS parameter to indicate a class of QoS applied to the UL carrier traffic; associate the QoS parameter with routing information carried in the UL carrier traffic; associate the routing information carried in the DL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the DL carrier traffic” as taught by Chen into Arvidsson’s system with the motivation to apply Chen’s teaching of bidirectional DSCP marking at a user plane gateway to the 5-tuple data structure taught by Arvidsson for ensuring consistent QoS treatment across UL and DL traffic (Chen, paragraph [[0236, 0250, 0251, 0309, 0313, 0314])
Regarding claim 19, Arvidsson discloses
a non-transitory computer readable storage medium comprising instructions which, when executed on at least one processor, cause a node for marking a Quality of Service (QoS) for packet traffic on a connection between a User Equipment (UE) and a destination device (storage system, FIGs. 6, 7 #606 #706, comprising software executed by processor, FIGs. 6, 7 #602, #702, wherein the node is disposed along the connection between the UE and the destination device, to perform operations comprising: (a node, e.g. FIG. 1 #104 #106, for marking QoS packet traffic between a UE, FIG. 1 #102, and a server/destination device, FIG. 1 #112, causing the node to perform [0033, 0034, 0054, 0055, 0058, 0059], FIG. 5
receive, from the UE, an Uplink (UL) carrier traffic destined for the destination device, (base station, FIG. 1 #104, receives uplink packet from UE intended for server [0033, 0045, 0048, 0049]
and store the QoS parameter linked to the routing information in a data structure (base station, FIG. 1 #102, stores priority information contained in downstream packet linked with a stored 5-tuple [0054, 0055]
receive Downlink (DL) carrier traffic from the destination device, wherein the DL carrier traffic includes the routing information (after base station forwards UL packet to server, it receives downstream packet which contains the same IP header fields [0049-0054], FIG. 9
in response to receiving the UL carrier traffic, associating the routing information carried in the UL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the UL carrier traffic (base station compares a 5-tuple from UL packet with stored 5-tuple to retrieve priority information [0055, 0056]
Arvidsson does not expressly disclose the UL carrier traffic including a QoS parameter to indicate a class of QoS applied to the UL carrier traffic; in response to receiving UL carrier traffic, associating the QoS parameter with routing information carried in the UL carrier traffic; in response to receiving the DL carrier traffic, associating the routing information carried in the DL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the DL carrier traffic
Chen discloses the UL carrier traffic including a QoS parameter to indicate a class of QoS applied to the UL carrier traffic (uplink traffic carriers a DSCP field received by gateway, gateway then modifies a DSCP field of IP packet to a DSCP parameter [0040, 0236, 0305, 0309]
in response to receiving UL carrier traffic, associating the QoS parameter with routing information carried in the UL carrier traffic (user plan gateway, e.g. FIG. 3 GW-U, processes uplink packets and extracts DSCP from the uplink packet, when an uplink packet leaves GTP tunnel the gateway extracts the outer-layer packet DSCP of the uplink packet and writes it into the inner-layer packet header [0236, 0238, 0248, 0249]
in response to receiving the DL carrier traffic, associating the routing information carried in the DL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the DL carrier traffic (user plane gateway receiving DL packet, processes for QoS marking, modifies the DSCP field of the IP packet when forwarding, extracts the outer-layer DSCP and writes it into the inner-layer packet header with the DSCP parameter mapped from the QoS parameter via mapping table [0236, 0250, 0251, 0309, 0313, 0314]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “the UL carrier traffic including a QoS parameter to indicate a class of QoS applied to the UL carrier traffic; in response to receiving UL carrier traffic, associating the QoS parameter with routing information carried in the UL carrier traffic; in response to receiving the DL carrier traffic, associating the routing information carried in the DL carrier traffic with the routing information stored in the data structure to retrieve the QoS parameter to mark QoS for the DL carrier traffic” as taught by Chen into Arvidsson’s system with the motivation to apply Chen’s teaching of bidirectional DSCP marking at a user plane gateway to the 5-tuple data structure taught by Arvidsson for ensuring consistent QoS treatment across UL and DL traffic (Chen, paragraph [[0236, 0250, 0251, 0309, 0313, 0314])
Claim 1 is rejected based on similar ground(s) provided in rejection of claim 19.
Regarding claims 2, 11, 21, Arvidsson discloses “in response to retrieving the QoS parameter from the data structure, applying the QoS parameter to set QoS for the DL carrier traffic” base station schedules transmission of downlink application data/packet based the stored priority information [0039, 0051], FIG. 3
Regarding claims 3, 12, Arvidsson discloses “wherein the QoS parameter is Differentiated Services Code Point” QoS parameter being DSCP [0012, 0037, 0051]
Regarding claims 6, 15, Arvidsson discloses “wherein the data structure is associated with a packet gateway of a communications system” gateway, FIG. 1 #106, described as GGSN or edge router/gateway that stores priority information in a data structure associated with UE flows [0033, 0034, 0054]
Regarding claims 7, 16, Arvidsson discloses “wherein the data structure is associated with a packet gateway of a communications system” base station storing priority information linked to a 5-tuple then compares incoming packet 5-tuples against the stored 5-tuples [0054, 0055]
Regarding claims 8, 17, Arvidsson discloses “wherein the routing information comprises a 5-tuple set which includes a source Internet Protocol (IP) address, source port number, destination IP address, destination port number, and a type of protocol being employed, and wherein the QoS parameter is associated with the 5-tuple set and stored in the data structure linked to the 5-tuple set.” 5-tuple consists of source/destination address, source/destination port number, and protocol identifier, priority information is stored linked to a stored 5-tuple [0049, 0054]
Claims 4, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Arvidsson in view of Chen as applied to claims 1, 10 and in further view of Pan et al (USPN 20190029057).
Regarding claims 4, 13, combined system of Arvidsson and Chen does not expressly disclose “wherein the QoS parameter is QoS Flow Identifier (QFI)”
Pan discloses QoS flow marking using QFI and UL and DL packets [0040, 0052-0055]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the QoS parameter is QoS Flow Identifier (QFI)” as taught by Pan into combined system of Arvidsson and Chen with the motivation to substitute DSCP with QFI to provide system with more flexibilities
Claims 5, 9, 14, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Arvidsson in view of Chen as applied to claims 1, 10 and in further view of Yau et al (USPN 20200329516).
Regarding claims 5, 14, Chen discloses communication system includes an EPC with S-GW/P-GW functionality as user gateways [0150-0152]
Combined system of Arvidsson and Chen does not expressly disclose “wherein the data structure is associated with a User Plane Function (UPF), of a 5th Generation (5G) communications system”
Yau discloses UPF nodes in a 5G network handling QoS-based routing [0010-0012, 0033-0035], FIGs. 3, 4
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the data structure is associated with a User Plane Function (UPF), of a 5th Generation (5G) communications system” as taught by Yau into combined system of Arvidsson and Chen with the motivation to bring the combined system into compliant with 5G standard for wide adoption.
Regarding claims 9, 18, combined system of Arvidsson and Chen does not expressly disclose “wherein the connection between the UE and the destination device utilizes a network slice of a plurality of network slice connections between the UE and one or more destination devices”
Yau discloses 5G data traffic routed over network slices using S-NSSAI with multiple network slice connections between UE and destination devices [0019-0021, 0043-0046], FIGs. 2, 4
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the connection between the UE and the destination device utilizes a network slice of a plurality of network slice connections between the UE and one or more destination devices” as taught by Yau into combined system of Arvidsson and Chen with the motivation to bring the combined system into compliant with 5G standard for wide adoption.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al (USPN 20200053562) FIG. 4A
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI NGUYEN whose telephone number is (571)270-7632. The examiner can normally be reached M-F campus 10:30-5pm, telework 6pm-8pm| Telework count days.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian N Moore can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THAI NGUYEN/Primary Examiner, Art Unit 2469
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