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 .
Specification
MPEP §§ 606.01, 1302.01, 1302.04(a) provide that, upon general review of the disclosure, an Examiner may require a change to a title when it is not clearly indicative of the invention to which the claims are directed. The general thrust of this requirement is to further its informative value in indexing, classifying, searching, etc. when the application is passed to issue even if the brevity of the title is lost. See MPEP § 606.01. Upon general review of the title (“COMMUNICATION APPARATUS, COMMUNICATION SYSTEM, COMMUNICATION METHOD, AND PROGRAM”) and the subject matter to which the invention is drawn, the title is not clearly indicative of the invention as claimed because it only indicates the statutory categories of invention and not the invention to which the claims are directed. Correction of the title is therefore required before this application can be considered to be in condition for allowance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4-6 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 4 recites “adding a rule for a certain terminal to the memory with a start of communication of the certain terminal as a trigger; receiving a packet related to communication of the terminal; and executing a process related to a value added service for the packet on the basis of the added rule.” However, claim 1 from which it depends already requires that “add a rule for a certain terminal to the memory using a start of communication of the certain terminal as a trigger; and receive a packet related to communication of the terminal, wherein processor is configured to execute processing related to a value added service for the packet on the basis of the added rule”.
Claim 5 recites “detecting a communication start of a certain terminal; and transmitting communication start information indicating that the terminal has started communication, and after the transmission of the communication start information, transmitting a packet related to communication of the terminal to a value added service providing device having a rule of a value added service policy generated on the basis of the communication start information”. However, claim 2 already requires that the communication device “detect a communication start of a certain terminal; and transmit communication start information indicating that the terminal has started communication; and transmit a packet related to communication of the terminal to a value added service providing device having a rule of a value added service policy generated on the basis of the communication start information after the transmission of the communication start information”.
Claim 6 recites “transmitting, by the communication device, communication start information indicating that a certain terminal has started communication to the policy management device when the communication device detects the start of communication of the certain terminal, and generating, by the policy management device, a rule of a value added service policy on the basis of the communication start information and transmitting the rule to the value added service providing device, and receiving, by the value added service providing device, a packet related to communication of the terminal and executing a process related to a value added service for the packet on the basis of the rule”. However, claim 3 already requires that “when the processor of the communication device detects the start of communication of a certain terminal, the processor of the communication device transmits communication start information indicating that the terminal has started communication to the policy management device, the processor of the policy management device generates a rule of a value added service policy on the basis of the communication start information and transmits the rule to the value added service providing device, and the processor of the value added service providing device receives a packet related to communication of the terminal and executes a process related to a value added service for the packet on the basis of the rule”.
Examiner finds these claims to be in improper dependent form for failure to further limit the subject matter of the claim upon which they depend by substantially reciting the same limitations found in their preceding referenced claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9756681 B2 to Sharma et al. (“Sharma”).
Regarding claim 1, Sharma taught a communication device that performs packet communication (“PGW”), the communication device comprising:
memory that holds a rule of a value added service policy; and a processor coupled to the memory and configured to:
add a rule for a certain terminal to the memory using a start of communication of the certain terminal as a trigger; and receive a packet related to communication of the terminal, wherein processor is configured to execute processing related to a value added service (through use of “SDF filters”; also consider column 3, lines 37-40) for the packet on the basis of the added rule. (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 36-45, “In response to receiving the AAR message 210 at the Rx interface, the PCRF 52 sends a Re-Authenticate Request (RAR) message 212 that includes the Service Data Flow (SDF) or IP filters based on the IPv4 address received from the AF to the PGW 50 via the Gx interface. The RAR message 212 may include the rule name, filters, gate status, QoS parameters, charging keys, monitoring keys, etc. The PGW 50 executes the PCC rules and translates the received IP filters from IPv4 to IPv6, in step 214.”)
Regarding claim 2, Sharma taught a communication device that performs packet communication (“AF”), the communication device comprising:
a memory; and a processor coupled to the memory and configured to:
detect a communication start of a certain terminal; and transmit communication start information indicating that the terminal has started communication; and transmit a packet related to communication of the terminal to a value added service providing device having a rule of a value added service policy generated on the basis of the communication start information after the transmission of the communication start information. (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 29-36, “In response to the 18x message 208, the AF 58 initiates an Rx session with the PCRF 52 by sending an AA Request (AAR) message (SDP.sub.AFv4, SDP.sub.UEv4) 210 that includes the SDP information containing the IPv4 address of the AF and allocated to the UE. The AAR message 210 includes the characteristics of the media negotiated in the SDP information. The AAR message 210 may include session, media, and subscriber related information.”)
Regarding claim 3, Sharma taught a communication system (“Evolved Packet System”; consider Fig. 1) comprising a communication device including a processor (“AF”; consider column 5, lines 30-40), a value added service providing device including a processor (“PGW”), and a policy management device including a processor (“PCRF”), wherein,
when the processor of the communication device (“AF”) detects the start of communication of a certain terminal, the processor of the communication device transmits communication start information indicating that the terminal has started communication to the policy management device, (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 29-36, “In response to the 18x message 208, the AF 58 initiates an Rx session with the PCRF 52 by sending an AA Request (AAR) message (SDP.sub.AFv4, SDP.sub.UEv4) 210 that includes the SDP information containing the IPv4 address of the AF and allocated to the UE. The AAR message 210 includes the characteristics of the media negotiated in the SDP information. The AAR message 210 may include session, media, and subscriber related information.”)
the processor of the policy management device generates a rule of a value added service policy on the basis of the communication start information and transmits the rule to the value added service providing device, (consider further column 7, lines 36-45, “In response to receiving the AAR message 210 at the Rx interface, the PCRF 52 sends a Re-Authenticate Request (RAR) message 212 that includes the Service Data Flow (SDF) or IP filters based on the IPv4 address received from the AF to the PGW 50 via the Gx interface. The RAR message 212 may include the rule name, filters, gate status, QoS parameters, charging keys, monitoring keys, etc. The PGW 50 executes the PCC rules and translates the received IP filters from IPv4 to IPv6, in step 214.”) and
the processor of the value added service providing device receives a packet related to communication of the terminal and executes a process related to a value added service (through use of “SDF filters”; also consider column 3, lines 37-40) for the packet on the basis of the rule. (consider further column 7, line 56-column 8, line 1, “The AF 58 may now forward media packets to the PGW 50 (224) using the IPv4 address and the dedicated bearer 218. The NAT64 ALG function 70 of the PGW 50 performs translation between IPv4 and IPv6, including the IP version interworking within SIP messages, in step 226, and the translated filters are applied to process the media packets 228 translated to IPv6, in step 230. If PCC is enabled, the PCEF in the PGW 50 selects the applicable PCC rule for each received uplink IP packet within an IP CAN bearer by evaluating the packet against the SDF filters specified in the PCC rules. The media packets are then transmitted to the ePDG 42 on the dedicated bearer 218 according to the SDF filters, in step 232.”)
Regarding claim 4, Sharma taught a communication method executed by the communication device of claim 1, the communication method comprising:
adding a rule for a certain terminal to the memory with a start of communication of the certain terminal as a trigger; receiving a packet related to communication of the terminal; and executing a process related to a value added service (through use of “SDF filters”; also consider column 3, lines 37-40) for the packet on the basis of the added rule. (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 36-45, “In response to receiving the AAR message 210 at the Rx interface, the PCRF 52 sends a Re-Authenticate Request (RAR) message 212 that includes the Service Data Flow (SDF) or IP filters based on the IPv4 address received from the AF to the PGW 50 via the Gx interface. The RAR message 212 may include the rule name, filters, gate status, QoS parameters, charging keys, monitoring keys, etc. The PGW 50 executes the PCC rules and translates the received IP filters from IPv4 to IPv6, in step 214.”)
Regarding claim 5, Sharma taught a communication method executed by the communication device of claim 2, the communication method comprising:
detecting a communication start of a certain terminal; and transmitting communication start information indicating that the terminal has started communication, and after the transmission of the communication start information, transmitting a packet related to communication of the terminal to a value added service providing device having a rule of a value added service policy generated on the basis of the communication start information. (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 29-36, “In response to the 18x message 208, the AF 58 initiates an Rx session with the PCRF 52 by sending an AA Request (AAR) message (SDP.sub.AFv4, SDP.sub.UEv4) 210 that includes the SDP information containing the IPv4 address of the AF and allocated to the UE. The AAR message 210 includes the characteristics of the media negotiated in the SDP information. The AAR message 210 may include session, media, and subscriber related information” and column 7, line 56-column 8, line 1, “The AF 58 may now forward media packets to the PGW 50 (224) using the IPv4 address and the dedicated bearer 218. The NAT64 ALG function 70 of the PGW 50 performs translation between IPv4 and IPv6, including the IP version interworking within SIP messages, in step 226, and the translated filters are applied to process the media packets 228 translated to IPv6, in step 230. If PCC is enabled, the PCEF in the PGW 50 selects the applicable PCC rule for each received uplink IP packet within an IP CAN bearer by evaluating the packet against the SDF filters specified in the PCC rules. The media packets are then transmitted to the ePDG 42 on the dedicated bearer 218 according to the SDF filters, in step 232.”)
Regarding claim 6, Sharma taught a communication method in the communication system of claim 3, the communication method comprising:
transmitting, by the communication device, communication start information indicating that a certain terminal has started communication to the policy management device when the communication device detects the start of communication of the certain terminal, (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 29-36, “In response to the 18x message 208, the AF 58 initiates an Rx session with the PCRF 52 by sending an AA Request (AAR) message (SDP.sub.AFv4, SDP.sub.UEv4) 210 that includes the SDP information containing the IPv4 address of the AF and allocated to the UE. The AAR message 210 includes the characteristics of the media negotiated in the SDP information. The AAR message 210 may include session, media, and subscriber related information.”) and
generating, by the policy management device, a rule of a value added service policy on the basis of the communication start information and transmitting the rule to the value added service providing device, (consider further column 7, lines 36-45, “In response to receiving the AAR message 210 at the Rx interface, the PCRF 52 sends a Re-Authenticate Request (RAR) message 212 that includes the Service Data Flow (SDF) or IP filters based on the IPv4 address received from the AF to the PGW 50 via the Gx interface. The RAR message 212 may include the rule name, filters, gate status, QoS parameters, charging keys, monitoring keys, etc. The PGW 50 executes the PCC rules and translates the received IP filters from IPv4 to IPv6, in step 214.”) and
receiving, by the value added service providing device, a packet related to communication of the terminal and executing a process related to a value added service for the packet on the basis of the rule. (consider further column 7, line 56-column 8, line 1, “The AF 58 may now forward media packets to the PGW 50 (224) using the IPv4 address and the dedicated bearer 218. The NAT64 ALG function 70 of the PGW 50 performs translation between IPv4 and IPv6, including the IP version interworking within SIP messages, in step 226, and the translated filters are applied to process the media packets 228 translated to IPv6, in step 230. If PCC is enabled, the PCEF in the PGW 50 selects the applicable PCC rule for each received uplink IP packet within an IP CAN bearer by evaluating the packet against the SDF filters specified in the PCC rules. The media packets are then transmitted to the ePDG 42 on the dedicated bearer 218 according to the SDF filters, in step 232.”)
Regarding claim 7, Sharma taught a non-transitory computer-readable recording medium storing a program for causing a computer to perform the method of claim 4. (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 36-45, “In response to receiving the AAR message 210 at the Rx interface, the PCRF 52 sends a Re-Authenticate Request (RAR) message 212 that includes the Service Data Flow (SDF) or IP filters based on the IPv4 address received from the AF to the PGW 50 via the Gx interface. The RAR message 212 may include the rule name, filters, gate status, QoS parameters, charging keys, monitoring keys, etc. The PGW 50 executes the PCC rules and translates the received IP filters from IPv4 to IPv6, in step 214.”)
Regarding claim 8, Sharma taught a non-transitory computer-readable recording medium storing a program for causing a computer to perform the method of claim 5. (consider generally Fig. 4 and corresponding disclosure at column 6, line 64-column 8, line 2, more specifically column 7, lines 29-36, “In response to the 18x message 208, the AF 58 initiates an Rx session with the PCRF 52 by sending an AA Request (AAR) message (SDP.sub.AFv4, SDP.sub.UEv4) 210 that includes the SDP information containing the IPv4 address of the AF and allocated to the UE. The AAR message 210 includes the characteristics of the media negotiated in the SDP information. The AAR message 210 may include session, media, and subscriber related information” and column 7, line 56-column 8, line 1, “The AF 58 may now forward media packets to the PGW 50 (224) using the IPv4 address and the dedicated bearer 218. The NAT64 ALG function 70 of the PGW 50 performs translation between IPv4 and IPv6, including the IP version interworking within SIP messages, in step 226, and the translated filters are applied to process the media packets 228 translated to IPv6, in step 230. If PCC is enabled, the PCEF in the PGW 50 selects the applicable PCC rule for each received uplink IP packet within an IP CAN bearer by evaluating the packet against the SDF filters specified in the PCC rules. The media packets are then transmitted to the ePDG 42 on the dedicated bearer 218 according to the SDF filters, in step 232.”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art is directed to generating and executing rules for executing value added services through gateways/intermediary devices upon the start of packet communication. Consider, e.g., CN 117044371 B to Huang et al.
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/G. C. Neurauter, Jr./Primary Examiner, Art Unit 2459