DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
This Office Action is response to the preliminary amendment which filed on 08/23/24.
Claims 14, 16-17 and 19-32 have been canceled.
Claims 1-13, 15 and 18 are pending.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 15 and 18 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable claims 1-2 of Co-pending application 17/963454. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. 7783290 with obvious wording variations.
Instant Application
Co-pending application 17/963454
1. A method performed by a User Equipment (UE) adapted to operate in a wireless communication system, the method comprising:
performing a first registration procedure over a first non-3rd Generation Partnership Project (3GPP) access;
establishing a Multi-Access (MA) Protocol Data Unit (PDU) session over the first non-3GPP access;
transmitting a registration request message of a second registration procedure to an Access and mobility Management Function (AMF) over a second non-3GPP access, wherein the registration request message comprises i) information about an access switching from the first non-3GPP access to the second non-3GPP access, and ii) information about the MA PDU session related to the access switching;
establishing a user plane resource with a Session Management Function (SMF) over the second non-3GPP access; releasing a user plane resource over the first non-3GPP access; and
receiving a registration accept message from the AMF in response to the registration request message.
1. (Currently Amended) A method comprising:
performing, by a user equipment (UE), a first registration procedure over a first non-3rd generation partnership project (non-3GPP) access;
receiving, by the UE, information related to a support of a non-3GPP access path switching from a session management node in an establishment of a multi-access session over the first non-3GPP access; transmitting, by the UE, a registration request message of a second registration procedure to an access mobility management node over a second non-3GPP access, wherein the registration request message includes comprises information related to the non-3GPP access path switching from the first non-3GPP access to the second non-3GPP access;
receiving, by the UE, a registration accept message from the access mobility management node; transmitting, by the UE, a session establishment request message to the session management node over the second non-3GPP access, wherein the session establishment request message includes comprises information related to the multi-access session;
receiving, by the UE, a session establishment accept message from the session management node; and receiving a deregistration request message related to a deregistration of a user equipment (UE) over the first non-3GPP access from the access mobility management node, wherein a unified data management registration procedure between the access mobility management node and a unified data management node is delayed based on the registration request message including the information related to the non-3GPP access path switching, and wherein, after receiving the session establishment accept
For claim 2, the claim has features similar to claim 2 of Co-pending application 17/963454.
For claims 15 and 18, the claims have features similar to claim 1 of Co-pending application 17/963454.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
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)(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.
Claims 1-7, 12-13, 15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wong et al. (U.S. 20230308971).
For claim 1, Wong et al. disclose a method performed by a User Equipment (UE) adapted to operate in a wireless communication system, the method comprising:
performing a first registration procedure over a first non-3rd Generation Partnership Project (3GPP) access (at least Fig. 2A-2C and [0033]-[0053]. The UE 102 discovers N3GPP access network #A 106, e.g., a first WiFi network. The UE performs 5G registration to the PLMN. Thus, in step 204, the UE 102 generates and sends, via N3GPP access #A, a registration message 206 to AMF 122 of PLMN 156.);
establishing a Multi-Access (MA) Protocol Data Unit (PDU) session over the first non-3GPP access (at least Fig. 2A-2C and [0033]-[0053]. In response to the received registration accept message 212, the UE 102 generates and sends, via N3GPP access #A, a request for a multi-access (MA) protocol data unit (PDU) session to the AMF 122. Thus, in step 216, the UE 102 sends 5G session request 218 including MA PDU request and PDU session ID#A.);
transmitting a registration request message of a second registration procedure to an Access and mobility Management Function (AMF) over a second non-3GPP access, wherein the registration request message comprises i) information about an access switching from the first non-3GPP access to the second non-3GPP access, and ii) information about the MA PDU session related to the access switching (at least Fig. 2A-2C and [0033]-[0053]. The UE 102 generates and sends, via N3GPP access #B, a request for a multi-access (MA) protocol data unit (PDU) session to the AMF 122, to request a MA PDU session. As part of generating the request, the UE 102 includes the same session ID, which is ID#A. Thus, in step 316, the UE 102 sends, via N3GPP access network #B 108, 5G PDU session request message 318 including a MA PDU request and PDU session ID#A to AMF 122. The AMF 122 has recognized that the received session ID communicated in the request, which is ID#A, is already in use, and therefore, determines that a switch is to be indicated.);
establishing a user plane resource with a Session Management Function (SMF) over the second non-3GPP access (at least Fig. 2A-2C and [0033]-[0053]. The SMF 124 generates and sends check operator policy message 334 to PCF 126 to check for additional ATSSS policy if any. In step 336 the SMF receives the check policy message. In step 338 the PCF 126 generates and sends ATSSS policy message 340, e.g., communicating any additional ATSSS policies to SMF 124. In step 342 the SMF 124 receives ATSSS policy message 340 and recovers the communicated information. In step 344, the SMF 124 derives new ATSS rules if needed. In step 346 the SMF 124 generates and sends N4: session establishment message 348 including ATSSS N3 CN tunnel information for N3GPP network #B, switch indication, and N4 rules to UPF 128. In step 350, the UPF 128 receives the session establishment request message 348 and recovers the communicated information including ATSSS CN tunnel information for N3GPP network#B, switch indication, and N4 rules. In step 351 the UPF 128 performs ATSSS related functions including: generating an ATSSS link specific address, which is address #2, for this path (path #2), generating corresponding N3 tunnel information (for path #2), and indicates that this new N3 tunnel (for path #2) replaces the other N3 tunnel (i.e., for path #1). In step 352, the UPF 128 generates and sends N4: session response message 354 including the generated ATSSS link specific address, which is address #2, to the SMF 124. In step 356, the SMF 124 receives message 354 and recovers the communicated information. In step 357 the UPF 128 and its ATSSS function, is operated so that the ATSSS downlink (DL) traffic (for UE 102) uses the N3 tunnel for network #B. The AMF 122 receives the PDU accepted message 360 and recovers the communicated information indicating that N3GPP path switching is supported and link specific address #2. In step 364, the AMF 122 generates and sends, via N3GPP access network #B 108, a PDU session establishment accept message 366 including ATSSS rules (including information indicating N3GPP path switching supported) and link specific address #2. In step 368 the UE 102 receives the PDU session establishment message 366 and recovers the communicated information including the ATSSS rules including information indicating that N3GPP path switching is allowed and the link specific address #2 to be used for communicating via path #2 using N3GPP access network #B 108.);
releasing a user plane resource over the first non-3GPP access (at least Fig. 2A-2C and [0033]-[0053]. The UE locally releases any resources associated with path #1.); and
receiving a registration accept message from the AMF in response to the registration request message (at least Fig. 2A-2C and [0033]-[0053]. In step 308 the AMF 122 receives the 5G registration message 306 including the 5G-GUTI, and in response, in step 310 the AMF 122 generates and sends, via the N3GPP access #B, a 5G registration accept message 317 to the UE 102.)
For claim 2, Wong et al. disclose the method of claim 1, wherein the first non-3GPP access or the second non-3GPP access is any one of an untrusted non-3GPP access, a trusted non-3GPP access, or a wireline access (at least [0026]. N3GPP radio access network #A 106 includes an access point (AP) 112, e.g., a untrusted WiFi AP, coupled to a Non-3GPP Interworking Function (N3IWF) 114. N3GPP radio access network #B 108 includes a trusted Non-3GPP access network (TNAN) 116 including a Trusted Non-3GPP Access Point (TNAP) 118 and a trusted Non-3GPP Gateway Function (TNGF) 120.)
For claim 3, Wong et al. disclose the method of claim 1, wherein the method further comprises performing a registration procedure over a 3rd Generation Partnership Project (3GPP) access before performing the access switching (at least [0005]. This allows a communications session in which a UE is involved as an end point to be switched between two different WiFi access networks and/or a WiFi access network and a 3GPP access network, e.g., cellular access network, without the communications session being terminated while service is provided to the UE by a Public Land Mobile Network (PLMN) with which it is registered.)
For claim 4, Wong et al. disclose the method of claim 3, wherein the first non-3GPP access and the 3GPP access belong to a same Public Land Mobile Network (PLMN) at least [0005]. This allows a communications session in which a UE is involved as an end point to be switched between two different WiFi access networks and/or a WiFi access network and a 3GPP access network, e.g., cellular access network, without the communications session being terminated while service is provided to the UE by a Public Land Mobile Network (PLMN) with which it is registered.)
For claim 5, Wong et al. disclose the method of claim 1, wherein the information about the access switching is a registration type in the registration request message set to “non-3GPP access switching” and/or an indicator in the registration request message indicating non-3GPP path switching (at least [0045]. The same PDU session ID (ID#A) and the MA PDU session request triggers the same AMF 122 to indicate to SMF with a path switching indication which indicates that this new N3GPP path (path #2) is to replace the old N3GPP path (path #1) in the MA PDU session.)
For claim 6, Wong et al. disclose the method of claim 1, wherein establishing the MA PDU session comprises, transmitting a PDU session establishment request message comprising information indicating whether the UE supports the access switching in non-3GPP accesses (at least [0035]-[0046]. the UE 102 generates and sends, via N3GPP access #A, a request for a multi-access (MA) protocol data unit (PDU) session to the AMF 122. Thus, in step 216, the UE 102 sends 5G session request 218 including MA PDU request and PDU session ID#A. The same PDU session ID (ID#A) and the MA PDU session request triggers the same AMF 122 to indicate to SMF with a path switching indication which indicates that this new N3GPP path (path #2) is to replace the old N3GPP path (path #1) in the MA PDU session.)
For claim 7, Wong et al. disclose the method of claim 6, wherein establishing the MA PDU session comprises, receiving a PDU session establishment accept message comprising information indicating whether the SMF supports the access switching in non-3GPP accesses, in response to the PDU session establishment request message (at least [0041]-[0047]. In step 319 the AMF 122 determines that the PDU session establishment request is for a session for which a user data plane path already exists. The AMF 122 has recognized that the received session ID communicated in the request, which is ID#A, is already in use, and therefore, determines that a switch is to be indicated. The same PDU session ID (ID#A) and the MA PDU session request triggers the same AMF 122 to indicate to SMF with a path switching indication which indicates that this new N3GPP path (path #2) is to replace the old N3GPP path (path #1) in the MA PDU session. The SMF 124 generates and sends MA PDU accepted message 360 including ATSSS rules (N3GPP path switching supported), and link specific address #2 to AMF 122.)
For claim 12, Wong et al. disclose the method of claim 1, wherein, the method further comprises considering that the UE is de-registered from the first non-3GPP access and is registered with the second non-3GPP access, based on receiving the registration accept message (at least [0013]. After the UE has switched the MA PDU session path from the first path through the first N3GPP access network to the second path through the second N3GPP access network, the UE can, and sometimes does, initiate release of an N1 connection associated with the first path by performing a deregistration operation with respect to the first non-3GPP access network with the AMF or the AMF may, and sometimes does initiate de-registration of the UE with regard to the first non-3GPP access network once it becomes aware that the second data path has been successfully established via the second access network and/or that the session has been switched to the path through the second non-3GPP access network.)
For claim 13, Wong et al. disclose the method of claim 8, wherein the method further comprises performing an access addition procedure and/or service request procedure over the second non-3GPP access for MA PDU sessions for which the access switching from the first non-3GPP access to the second non-3GPP access has not been performed (at least [0045]-[0046]. The same PDU session ID (ID#A) and the MA PDU session request triggers the same AMF 122 to indicate to SMF with a path switching indication which indicates that this new N3GPP path (path #2) is to replace the old N3GPP path (path #1) in the MA PDU session. The SMF 124 generates and sends check operator policy message 334 to PCF 126 to check for additional ATSSS policy if any. In step 336 the SMF receives the check policy message. In step 338 the PCF 126 generates and sends ATSSS policy message 340, e.g., communicating any additional ATSSS policies to SMF 124.)
For claim 15, the claim is an apparatus; therefore, it is also rejected for the same reason in claim 1.
For claim 18, the claim has features similar to claim 1; therefore, it is also rejected for the same reason in claim 1.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wong et al. (U.S. 20230308971) in view of Yu et al. (U.S. 20240388633).
For claim 8, Wong et al. do not disclose the method of claim 1, wherein the information about the MA PDU session is included within a List of PDU Sessions To Be Activated in the registration request message.
In the same field of endeavor, Yu et al. disclose the information about the MA PDU session is included within a List of PDU Sessions To Be Activated in the registration request message (at least [0252]. A non-3GPP access gateway update/switching procedure, for an MA PDU session in an active state, the SMF initiates a connection establishment procedure between the second non-3GPP access gateway and the UPF (refer to S812 to S817), and initiates a connection release procedure between the first non-3GPP access gateway and the UPF.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Wong et al. as taught by Yu et al. for purpose of initiating a connection establishment procedure between the second non-3GPP access gateway and the UPF.
For claim 9, the combination of Wong et al. and Yu et al. disclose the method of claim 8. Yu et al. disclose wherein the information about the MA PDU session is included within the List Of PDU Sessions To Be Activated in the registration request message, based on an indication that the access switching in non-3GPP accesses is supported for the MA PDU session (at least [0252]. A non-3GPP access gateway update/switching procedure, for an MA PDU session in an active state, the SMF initiates a connection establishment procedure between the second non-3GPP access gateway and the UPF (refer to S812 to S817), and initiates a connection release procedure between the first non-3GPP access gateway and the UPF.)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wong et al. (U.S. 20230308971) in view of Suh et al. (U.S. 20220225438).
For claim 10, Wong et al. do not disclose the method of claim 1, wherein the information about the MA PDU session is included within a separate Information Element (IE) in the registration request message.
In the same field of endeavor, Suh et al. disclose the information about the MA PDU session is included within a separate Information Element (IE) in the registration request message (at least [0042]. The UE transmits a service request to the AMF. Here, the UE may transmit a service request to the AMF through 3GPP access. In another embodiment, the UE may transmit a service request to the AMF through non-3GPP access. In this case, the status of the multi-access PDU session may be informed to the AMF through a multi-access PDU session status information element.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Wong et al. as taught by Suh et al. for purpose of informing to the AMF through a multi-access PDU session status.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wong et al. (U.S. 20230308971) in view of Suh et al. (U.S. 20210289403).
For claim 11, Wong et al. do not disclose the method of claim 1, wherein the first registration procedure is performed with a non-geographically selected AMF over the first non-3GPP access, and wherein the non-geographically selected AMF is different from the AMF.
In the same field of endeavor, Suh et al. disclose wherein the first registration procedure is performed with a non-geographically selected AMF over the first non-3GPP access, and wherein the non-geographically selected AMF is different from the AMF (at least [0098]-[0099]. The UE may transmit a registration request message to the new AMF in order to perform a registration process for the new AMF (steps 1 to 3). Specifically, the UE may transmit an Access Node (AN) message including the registration request message to an AN in step 1, and the AN may determine an AMF in step 2 and transmit an N2 message including the registration request message to the determined AMF (that is, a new AMF) in step 3.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Wong et al. as taught by Suh et al. for purpose of enabling traffic transmission using different access networks.
Conclusion
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/DAI PHUONG/Primary Examiner, Art Unit 2644
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