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 .
2. 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. 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.
Status of Claims
1. The following is a non-final office action in response to the applicant’s submission received on 09/17/2024.
2. Claims 1 – 13, 28 - 32 and 37 - 38 are currently pending and have been examined.
3. Claims 14 – 27 and 33 – 36 have been cancelled.
4. Claims 37 – 38 are new.
5. Claims 1 - 13 and 28 – 32 are amended.
Foreign Priority/Domestic benefit
There is no claim to foreign priority according to the application data sheet and filing receipt.
Domestic benefit is claimed with regards to National Stage filing under 35 U.S.C. 371 of International Application No. PCT/CN2022/083504 filed 03/28/2022.
Oath/Declaration
1. The applicant’s oath/declaration filed on 09/25/2024 has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Information Disclosure Statement
1. The information disclosure statements filed on 09/17/2024; 11/18/2025 and 01/22/2026 are in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
1. The applicant’s drawings submitted on 09/17/2024 are acceptable for examination purposes.
Objection to the specification
1. Applicant is required to amend the disclosure to include the material incorporated by reference, that is, any claim to foreign and/or domestic priority. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1 – 13, 28 - 32 and 37 – 38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 20 of U.S. Patent No. 12, 395, 924. Although the claims at issue are not identical, they are not patentably distinct from each other, the analysis in the table below:
Patent: 12, 395, 924
18/847,884
1. A terminal device, comprising:
at least one processor; and
at least one memory including computer program codes;
the at least one memory and the computer program codes are configured to, with the at least one processor, cause the terminal device to:
receive location service user plane (LCUP) assistance information in a control plane (CP) positioning protocol signaling,
wherein the LCUP assistance information includes at least one of addressing information of an LCUP function instance and security information for establishing an user plane (UP) session between the terminal device and the LCUP function instance, and
wherein the LCUP function instance is associated with a location management function (LMF) selected for serving the terminal device; and
establish a secure UP connection between the terminal device and the LCUP function instance by using the LCUP assistance information so as to perform a positioning operation using the LCUP function instance.
1. A terminal device, comprising:
at least one processor; and
at least one memory including computer program code;
the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device to:
receive location service user plane (LCUP) assistance information in a control plane (CP) positioning protocol signaling,
wherein the LCUP assistance information includes at least one of addressing information of an LCUP function instance, correlation information on an ongoing CP location procedure and security information for establishing an user plane (UP) session between the terminal device and the LCUP function instance, and
wherein the LCUP function instance is associated with a location management function (LMF) selected for serving the terminal device; and
establish a secure UP connection between the terminal device and the LCUP function instance by using the LCUP assistance information so as to perform a positioning operation using the LCUP function instance.
2. The terminal device of claim 1, wherein the addressing information of the LCUP function instance includes at least a full qualified domain name (FQDN) specific to the LCUP function instance.
2 (Currently Amended) The terminal device of claim 1, wherein the addressing information of the LCUP function instance includes at least a full qualified domain name (FQDN) specific to the LCUP function instance.
3. The terminal device of claim 2, wherein the terminal device is further caused to establish a protocol data unit (PDU) session based on the FQDN of the UP instance and pre-configured UE routing selection policy (URSP) rule containing information on routing rules related to different FQDN ranges, in order to communicate with the LCUP function instance.
3. (Currently Amended) The terminal device of claim 2, wherein the terminal device is further caused to select or establish a protocol data unit (PDU) session based on the FQDN of the UP instance and pre-configured UE routing selection policy (URSP) rule containing information on routing rules related to different FQDN ranges, in order to communicate with the LCUP function instance.
4. The terminal device of claim 3 wherein the PDU session is selected or established by mapping a FQDN range corresponding to the FQDN of the LCUP function instance to a data network name and a network slice based on the URSP rules.
4. (Currently Amended) The terminal device of claim 3 wherein the PDU session is selected or established by mapping a FQDN range corresponding to the FQDN of the LCUP function instance to a data network name and a network slice based on the URSP rules.
5. The terminal device of claim 1, wherein the CP positioning protocol signaling comprises a capability indication message indicating that the network supports a UP function for location purposes.
5. (Currently Amended) The terminal device of any of claims 1, wherein the CP positioning protocol signaling comprises a capability indication message indicating that the network supports a UP function for location purposes.
6. The terminal device of claim 1 wherein the CP positioning protocol signaling comprises an assistance providing message transmitted from the LMF to the terminal device.
6. (Currently Amended) The terminal device of claim 1, wherein the CP positioning protocol signaling comprises an assistance providing message transmitted from the LMF to the terminal device.
7. The terminal device of claim 1 wherein the terminal device is further caused to transmit a CP positioning protocol signaling to indicate that the terminal device supports a UP function for location purposes.
7. (Currently Amended) The terminal device of claim 1, wherein the terminal device is further caused to transmit a CP positioning protocol signaling to indicate that the terminal device supports a UP function for location purposes.
8. The terminal device of claim 1, wherein the LCUP assistance information further comprises one or more of information on a port at the LCUP function instance and on positioning methods or protocols supported by the LCUP function instance.
8. (Currently Amended) The terminal device of claim 1, wherein the LCUP assistance information further comprises one or more of information on a port at the LCUP function instance and on positioning methods or protocols supported by the LCUP function instance.
9. The terminal device of claim 1, wherein the security information comprises transport layer security attribute information for establishing the secured UP connection.
9. (Currently Amended) The terminal device of any claim 1,wherein the security information comprises transport layer security attribute information for establishing the secured UP connection.
10. The terminal device of claim 9, wherein the security information further comprises a hash-based message authentication code field.
10. (Currently Amended) The terminal device of claim 1, wherein the security information further comprises a hash-based message authentication code field.
11. The terminal device of claim 1, wherein the terminal device is further caused to: transmit a PDU session establishment request to the network to establish the PDU session using the full qualified domain name (FQDN) of the UP instance and the pre-configured UE routing selection policy (URSP); and receive a PDU session establishment complete message from the network.
11. (Currently Amended) The terminal device of claim 1,wherein the terminal device is further caused to: transmit a PDU session establishment request to the network to establish the PDU session using the full qualified domain name (FQDN) of the UP instance and the pre- configured UE routing selection policy (URSP); and receive a PDU session establishment complete message from the network.
12. The terminal device of claim 1, wherein the terminal device is further caused to: transmitting a domain name server (DNS) request to translate the FQDN of the LCUP function instance into an IP address.
12. (Currently Amended) The terminal device of claim 1, wherein the terminal device is further caused to: transmitting a domain name server (DNS) request to translate the FQDN of the LCUP function instance into an IP address.
13. The terminal device of claim 1, wherein the terminal device is further caused to: establish the secured connection with the LCUP instance by using at least one of the correlation information and the security information received in the LCUP assistance information, wherein the correlation information is to identify a corresponding on-going location procedure associated with the secured connection.
13. (Currently Amended) The terminal device of claim 1, wherein the terminal device is further caused to: establish the secured connection with the LCUP instance by using at least one of the correlation information and the security information received in the LCUP assistance information, wherein the correlation information is to identify a corresponding on-going location procedure associated with the secured connection.
14. A network device, comprising:
at least one processor; and at least one memory including computer program codes;
the at least one memory and the computer program codes are configured to, with the at least one processor, cause the network system to:
transmit location service user plane (LCUP) assistance information in a control plane (CP) positioning protocol signaling,
wherein the LCUP assistance information includes at least one of addressing information of an LCUP function instance and security information for establishing a user plane (UP) session between the terminal device and the LCUP function instance, and
wherein the LCUP function instance is associated with the LMF selected for serving the terminal device.
28. (Currently Amended) A network device, comprising:
at least one processor; and at least one memory including computer program code;
the at least one memory and the computer program code are configured to, with the at least one processor, cause the network system device to:
transmit location service user plane (LCUP) assistance information in a control plane (CP) positioning protocol signaling,
wherein the LCUP assistance information includes at least one of addressing information of an LCUP function instance, correlation information on an ongoing CP location procedure and security information for establishing a user plane (UP) session between the terminal device and the LCUP function instance, and
wherein the LCUP function instance is associated with the LMF selected for serving the terminal device.
15. The network device of claim 14, wherein the CP positioning protocol signaling comprises a capability indication message indicating that the network supports a UP function for location purpose.
29. (Currently Amended) The network device of claim 28, wherein the CP positioning protocol signaling comprises a capability indication message indicating that the network supports a UP function for location purpose.
16. The network device of claim 14, wherein the CP positioning protocol signaling comprises an assistance providing message transmitted to the terminal device.
30. (Currently Amended) The network device of claim 28, wherein the CP positioning protocol signaling comprises an assistance providing message transmitted to the terminal device.
17. The network device of claim 14, wherein the network device is further caused to: receive correlation information from the LUCP function instance establishing an UP connection; and correlate the UP connection with a corresponding on-going CP location procedure based on the correlation information.
31. (Currently Amended) The network device of claim 28,wherein the network device is further caused to: receive correlation information from the LUCP function instance establishing an UP connection; and correlate the UP connection with a corresponding on-going CP location procedure based on the correlation information.
18. A method, comprising:
receiving location service user plane (LCUP) assistance information in a control plane (CP) positioning protocol signaling,
wherein the LCUP assistance information includes at least one of addressing information of an LCUP function instance and security information for establishing an user plane (UP) session between the terminal device and the LCUP function instance, and wherein the LCUP function instance is associated with a location management function (LMF) selected for serving the terminal device;
and establishing a secured UP connection between the terminal device and the LCUP function instance by using the LCUP assistance information so as to perform a positioning operation using the LCUP function instance.
32. (Currently Amended) A method, comprising:
receiving location service user plane (LCUP) assistance information in a control plane (CP) positioning protocol signaling,
wherein the LCUP assistance information includes at least one of addressing information of an LCUP function instance, correlation information on an ongoing CP location procedure, and security information for establishing [[an]]a user plane (UP) session between a terminal device and the LCUP function instance, and wherein the LCUP function instance is associated with a location management function (LMF) selected for serving the terminal device; and
establishing a secured UP connection between the terminal device and the LCUP function instance by using the LCUP assistance information so as to perform a positioning operation using the LCUP function instance.
19. The method of claim 18, wherein the addressing information of the LCUP function instance includes at least a full qualified domain name (FQDN) specific to the LCUP function instance.
37. (New) The method of claim 32, wherein the addressing information of the LCUP function instance includes at least a full qualified domain name (FQDN) specific to the LCUP function instance.
20. The method of claim 18, the method further comprising: establishing a protocol data unit (PDU) session based on the FQDN of the UP instance and pre-configured UE routing selection policy (URSP) rule containing information on routing rules related to different FQDN ranges, in order to communicate with the LCUP function instance.
38. (New) The method of claim 38, further comprising selecting or establishing a protocol data unit (PDU) session based on the FQDN of the UP instance and pre-configured UE routing selection policy (URSP) rule containing information on routing rules related to different FQDN ranges, in order to communicate with the LCUP function instance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHARISHI V KHIRODHAR whose telephone number is (571)270-7909. The examiner can normally be reached 6:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nawaz M Asad can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MAHARISHI V. KHIRODHAR
Examiner
Art Unit 2463
/MAHARISHI V KHIRODHAR/Primary Examiner, Art Unit 2463
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