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 .
Response to Preliminary Amendment
Applicant’s preliminary amendment dated 09/26/2024 to the claims, title, abstract, drawings, and specification has been fully considered and is entered. Claims 1-2, 5-6, 8-12, 15-16, 19-20, 22-23, 25, 29, and 31-32 are examined.
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 1-2, 5-6, 8-12, 15-16, 19-20, 22-23, 25, 29, and 31-32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As to claims 1, 15, and 22, it is unclear how request information is configured to request to create the PIN. Dependent claims 2 and 16 further define the request information as comprising at least one of a terminal identifier, attribute information of the PIN or information of one of more PIN elements including identifiers, element types, information of PIN services or PIN element names. It is unclear how any of these pieces of information can be configured to request to create the PIN. In particular, as an example, it is unclear how a terminal identifier can be configured to request to create the PIN.
None of the dependent claims clarify this aspect of the invention. Therefore, dependent claims are rejected for the same reasons.
As to claim 6, it is unclear how “receiving request information” is distinct from “determining that the request information is received” such as to justify “determining” as an additional step. In particular, since the request information is positively received, as per claim 1, it is unclear what is done as part of “determining” for something that is a confirmed fact.
As to claim 8, it is unclear why would the core network element need to determine that the PIN is successfully created where the core network element is the one that created the PIN in the first place. The claim appears to imply that the core network element is unsure if it has created the PIN when it did, rendering the claim ambiguous.
As to claim 10, the language “the PIN information comprises that the terminal is capable…” is ambiguous because it is unclear what the PIN information actually comprises.
As to claim 12, the language “sending a response message to create the PIN” is ambiguous because claim 8 from which claim 12 depends already states that it is determined that the PIN has been successfully created, rendering the message to create the PIN contradictory. Claim 12 also states that sending the response message can comprise determining that the PIN is successfully created. However, this has already been done in claim 8. Claim 12 also states that sending the response message can comprise determining that the PIN was not successfully created. However, this is contradictory to claim 8.
As to claim 15, the claim is directed to a method for creating a personal IoT network (PIN), performed by an application function (AF). However, AF does not create the PIN because the PIN is created by the core network element (as per claim 6) that is not part of the claim 15 directed to AF. None of the dependent claims are actually creating the PIN, rendering the scope of the claim indefinite.
As to claim 20, it is unclear why a response message would be configured to perform the exactly same function to create the PIN as was in the original request. It appears that claim 20 is directed to AF rending a request to create a PIN and receives a response to create the PIN, which does not accomplish creating the PIN as the end result.
As to claim 22, the claim is directed to a method for creating a personal IoT network (PIN), performed by a terminal. However, the terminal does not create the PIN because the PIN is created by the core network element (as per claim 6) that is not part of the claim 22 directed to a terminal. None of the dependent claims are actually creating the PIN, rendering the scope of the claim indefinite.
The wording “the PIN information comprises at least one PIN information” is ambiguous. The wherein clause does not appear to be further limiting since it does not explain what the PIN information actually is. Having PIN information comprised in request information is a non-functional descriptive material since the terminal neither sends nor receives the request information.
As to claim 23, the language “the PIN information comprises that the terminal is capable…” is ambiguous because it is unclear what the PIN information actually comprises. It is also unclear how “a user parameter update (UPU) procedure” affects the receiving step and what this UPU procedure actually is. While specification mentions UPU procedure, as a term, it does not explain what it is and how it works, rendering the scope of the claim indefinite.
As to claim 25, the language “the feedback information is configured to indicate whether the PIN information is received or not received” is ambiguous because it contradicts the express language of claim 22 that positively states that the PIN information is received. Therefore, reception of the PIN information is not conditional.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2, 5-6, 8-12, 15-16, 19-20, 22-23, 25, 29, and 31-32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
As to claims 1, 15, 22, 29, and 31-32, these claims recite a process, machine, manufacture, and composition of matter, thus falling within the defined statutory categories of invention (step 1 of the 101 analysis is YES). The claims describe a concept of sending and receiving information. These operations are deemed to be mental processes and processes performed by a human, which, while being claimed as implemented by a generic processor executing instructions stored in memory, do not require a special purpose computer to perform the claimed steps and are capable to be performed in the human mind including a perception (hearing or vision), evaluation, judgement, and opinion (step 2A prong one is YES).
In particular, as to claim 1, step of receiving request information can be performed in the human mind visually in the form of a predefined sequence of blinking lights or audibly. As to claim 15, step of sending request information can be performed in the human mind audibly by making an oral request. As to claim 22, step of receiving PIN information can be performed in the human mind visually in the form of a predefined sequence of blinking lights or audibly.
There is nothing in the claims that would require a special computer processing to accomplish these tasks that would be unreasonable to perform in a human mind in a reasonable amount of time. Therefore, Examiner determined that each of the claimed steps can be reasonably handled by a human without undue effort. The claims do not recite additional elements that would integrate the judicial exception into a practical application (step 2A prong two is NO). In particular, the only additional element beyond the abstract idea is the generic recitation of a processor. However, this element is described at a high level of generality and amounts to no more than using a generic computer to perform the abstract steps. The claim does not recite any specific, non-conventional arrangement of hardware, any particular algorithm or data structure for making the detection and decision to instruct a task, nor any concrete improvement to the functioning of the equipment or the network (for example, an improvement tied to particular operations). Sending and receiving information has been notoriously old and well known as process. Because the claim merely instructs implementation of the abstract idea using conventional computer components, the additional recited elements does not integrate the abstract idea into a practical application and therefore does not confer patent eligibility. It is also noted that having the information sent by an application function in claim 1 (and by a core network element in claim 22) does not limit the receiving step, especially considering that the application function and core network element are undefined and reads on entity that is sending the request in all possible ways. Analogously, sending the request from an undefined entity called “application function” to another undefined entity called “core network element” is recited at a very high level of generality that can be accomplished in any known way that does not even include relying on a computer or computer network.
The claims do not recite additional elements that would amount to significantly more than the judicial exception (step 2B is NO). Therefore, the claims are not eligible under 35 U.S.C. 101. As discussed above, reciting a generic “processor” and “memory” and performing routine steps of detecting an instructing amount to no more than applying the abstract idea on a generic computing device. Mere invocation of generic computer components to automate an abstract process cannot supply an inventive concept. Accordingly, claims 1, 15, 22, 29, and 31-32 are not patent eligible under 35 U.S.C. § 101.
Dependent claims further define existing steps (via “wherein” clauses) and recite additional steps that can still be reasonably performed by the human mind without requiring a computer to perform the tasks. None of the dependent claims provide significantly more than the judicial exception and do not recite any additional elements that would integrate the judicial exception into a practical application. Therefore, the dependent claims are rejected for the same reasons.
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 1-2, 6, 8-10, 15-16, 22-23, 29, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3GPP “3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on Personal Internet of Things (PloT) networks” cited in the IDS dated 09/26/2024 Cite #2, hereinafter 3GPP.
As to claim 1, 3GPP teaches a method for creating a personal loT network (PIN), performed by a core network element [PLMN, operator M], the method comprising:
receiving request information sent by an application function (AF) [5G access router has PIN function and sends on-demand PIN creation authentication and authorization request to Operator M for creating a PIN] (section 5.11.3); wherein the request information is configured to request to create the PIN (section 5.11.3).
As to claim 2, 3GPP teaches that the request information comprises at least one of: a terminal identifier; attribute information of the PIN to be created; or information of one or more PIN elements comprised in the PIN to be created: wherein the attribute information comprises at least one of: a PIN name; information of one or more PIN services; or PIN validity time; and wherein the information of the one or more PIN elements comprises at least one of: PIN element identifiers; PIN element types; information of one or more PIN services; or PIN element names [limit of how many devices are allowed and currently active, time limit, PIN network ID] (section 5.11.3).
As to claim 6, 3GPP teaches determining that the request information is received, and creating the PIN: wherein creating the PIN comprises: updating subscription data of a terminal, wherein updated subscription data comprises at least one of data of PIN information comprised in the request information or data of PIN parameters generated by the core network element [operator M creates the PIN and reconfigures the home access router remotely to start using it to broadcast its own PIN network ID] (section 5.11.3).
As to claim 8, 3GPP teaches determining that the PIN is successfully created, and sending PIN information to a terminal, wherein the PIN information comprises at least one of PIN information comprised in the request information or information of PIN parameters generated by the core network element [5G access router broadcasts its own PIN network ID to PIN element devices (terminals) which is assigned by Operator M] (section 5.11.3 par. 3).
As to claim 9, 3GPP teaches that sending the PIN information to the terminal comprises: sending the PIN information to the terminal through a user parameter update (UPU) procedure or a user equipment (UE) configuration update (UCU) procedure [PIN network ID is broadcast where the terminal automatically discovers and connect to this PIN] (section 5.11.3 par. 4).
As to claim 10, 3GPP teaches that the PIN information comprises that the terminal is capable of being configured as at least one of a PIN element (PINE), a PIN element with management capability (PEMC), or a PIN element with gateway capability (PEGC) [non-functional descriptive material] (section 5.12.3).
As to claim 15, 3GPP teaches a method for creating a personal IoT network (PIN), performed by an application function (AF) [5G home access router] (section 5.11.3), the method comprising:
sending request information to a core network element; wherein the request information is configured to request to create the PIN [5G access router has PIN function and sends on-demand PIN creation authentication and authorization request to Operator M for creating a PIN] (section 5.11.3).
As to claim 16, 3GPP teaches all the elements, as discussed per claim 2 above.
As to claim 22, 3GPP teaches a method for creating a personal loT network (PIN), performed by a terminal [user equipment UE] (section 5.11.1), the method comprising:
receiving PIN information sent by a core network element [PLMN, operator M], wherein the PIN information comprises at least one of PIN information comprised in request information or information of PIN parameters generated by the core network element [5G access router broadcasts its own PIN network ID which is assigned by Operator M] (section 5.11.3 par. 3).
As to claim 23, 3GPP teaches that receiving the PIN information sent by the core network element comprises: receiving the PIN information sent by the core network element through a user parameter update (UPU) procedure: wherein the PIN information comprises that the terminal is capable of being configured as at least one of a PIN element (PINE), a PIN element with management capability (PEMC), or a PIN element with gateway capability (PEGC) [PIN network ID is broadcast where the terminal automatically discovers and connect to this PIN] (section 5.11.3 par. 4).
As to claim 29, 3GPP teaches a communication device [PLMN, operator M] (section 5.11.3) comprising: a memory; and one or more processors, connected to the memory, and configured to execute computer executable instructions stored on the memory to perform the method according to claim 1.
As to claim 31, 3GPP teaches a communication device [5G home access router] (section 5.11.3) comprising: a memory; and one or more processors, connected to the memory, and configured to execute computer executable instructions stored on the memory to perform the method according to claim 15.
As to claim 32, 3GPP teaches a communication device [user equipment UE] (section 5.11.1) comprising: a memory; and one or more processors, connected to the memory, and configured to execute computer executable instructions stored on the memory to perform the method according to claim 22.
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.
Claims 5, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP in view of Xing et al. (US 2023/0023571 A1).
As to claim 5, 3GPP teaches all the elements except that receiving the request information sent by the AF comprises: receiving the request information sent by the AF via a network exposure function (NEF).
Xing is directed to service management on a data packet transmitted by a remote user equipment (UE) (abstract). In particular, Xing teaches that receiving the request information sent by the AF comprises: receiving the request information sent by the AF via a network exposure function (NEF) (steps S1001-a to S1001c in Fig. 10a, par. [0194]-[0196]).
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 method and system of 3GPP by having receiving the request information sent by the AF comprise: receiving the request information sent by the AF via a network exposure function (NEF) in order to control access to services of the 5G core network by asking as a secure gateway placed between AF and core network elements such as UDM/UDR and PCF, which is part of the 5G communication standard.
As to claim 19, 3GPP teaches all the elements except that sending the request information to the core network element comprises: sending the request information to the core network element via a network exposure function (NEF).
Xing is directed to service management on a data packet transmitted by a remote user equipment (UE) (abstract). In particular, Xing teaches that sending the request information to the core network element comprises: sending the request information to the core network element via a network exposure function (NEF) (steps S1001-a to S1001c in Fig. 10a, par. [0194]-[0196]).
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 method and system of 3GPP by having sending the request information to the core network element comprise: sending the request information to the core network element via a network exposure function (NEF)in order to control access to services of the 5G core network by asking as a secure gateway placed between AF and core network elements such as UDM/UDR and PCF, which is part of the 5G communication standard.
As to claim 20, 3GPP teaches receiving a response message to create the PIN, wherein the response message comprises at least one of a response message accepting the request information or a response message rejecting the request information [operator M creates the PIN and reconfigures the home access router remotely to start using it to broadcast its own PIN network ID] (section 5.11.3).
3GPP fails to expressly teach that receiving the response message to create the PIN comprises: receiving the response message to create the PIN via a network exposure function (NEF).
Xing is directed to service management on a data packet transmitted by a remote user equipment (UE) (abstract). In particular, Xing teaches that receiving the response message to create the PIN comprises: receiving the response message to create the PIN via a network exposure function (NEF) (par. [0208]).
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 method and system of 3GPP by having receiving the response message to create the PIN comprise: receiving the response message to create the PIN via a network exposure function (NEF) in order to control access to services of the 5G core network by asking as a secure gateway placed between AF and core network elements such as UDM/UDR and PCF, which is part of the 5G communication standard.
Claims 11, 12, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP in view of Velev et al. (US 2025/0071670 A1).
As to claim 11, 3GPP teaches all the elements except receiving a feedback message sent by the terminal.
Velev is directed to steering a device to network supporting specific network slices in 5G communication (abstract). In particular, Velev teaches a core network element [UDM/UDR 407] receiving a feedback message sent by the terminal [UE 205] (par. [0138]).
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 method and system of 3GPP by receiving a feedback message sent by the terminal in order to indicate to the core network element whether the new parameters are successfully verified and stored in the UE as part of the session/network establishment (par. [0138]-[0139] in Velev).
As to claim 12, 3GPP teaches sending a response message to create the PIN to the AF; wherein sending the response message to create the PIN to the AF comprises at least one of: determining that the PIN is successfully created, and sending a response message accepting the request information to the AF [operator M authenticates the 5G home access router and reconfigures the router with the policy of the operator (section 5.11.3); determining that the PIN was not successfully created, and sending a response message rejecting the request information to the AF; determining that the received feedback message indicates that the PIN information is received, and sending a response message accepting the request information to the AF; determining that the received feedback message indicates that the PIN information is not received, and sending a response message rejecting the request information to the AF; or sending the response message to create the PIN to the AF via a network exposure function (NEF).
As to claim 25, 3GPP teaches all the elements except sending a feedback message to the core network element, wherein the feedback information is configured to indicate whether the PIN information is received or not received.
Velev is directed to steering a device to network supporting specific network slices in 5G communication (abstract). In particular, Velev teaches the terminal [UE 205] sending a feedback message to the core network element [UDM/UDR 407], wherein the feedback information is configured to indicate whether the PIN information is received or not received (par. [0138]).
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 method and system of 3GPP by sending a feedback message to the core network element, wherein the feedback information is configured to indicate whether the PIN information is received or not received in order to indicate to the core network element whether the new parameters are successfully verified and stored in the UE as part of the session/network establishment (par. [0138]-[0139] in Velev).
Related Prior Art
Ly et al. (US 2024/0340784 A1) is directed to authorization, creation, and management of personal networks (abstract). In particular, Ly teaches a user equipment (UE), application function (AF) 188 and a core network element (UDM) 197 that interact to create a personal network in a 5G system (Figs. 1 and 2). Therefore, teachings of Ly are pertinent to the claimed invention and can be used in the rejection of pending claims.
Conclusion
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/OLEG SURVILLO/ Primary Examiner, Art Unit 2457