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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP 22171670.7, filed on May 4, 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on January 28, 2025; April 17, 2025; August 4, 2025; October 29, 2025; December 16, 2025; May 13, 2026 and June 27, 206 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings were received on November 1, 2024. These drawings are acceptable.
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.
Claim 1, 8, and 18-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, and 13-14 of copending Application No. 18/961,007 (Amendment dated April 24, 2026) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding claims 1 and 29, claims 1 and 14 of the copending Application No. 18/961,007 recites a method for controlling a user device and a user device, comprising (line 1):
at least one processor, and at least one memory including computer program code, wherein the computer program code is configured to cause the user device, when executed with the at least one processor, to:
receive a configuration message from a network node, the configuration message including network slice access stratum group (NSAG) information (lines 2-5); and
perform a random access in accordance with the NSAG information and a single network slice selection assistance information (S-NSSAI) (lines 6-9),
wherein the S-NSSAI is associated with a protocol data unit session for which an uplink user data packet is to be sent or with which a session management message is associated (lines 10-12).
Regarding claims 8 and 30, claim 7 of the copending Application No. 18/961,007 recites a method for a network node and a network device in a network, comprising (line 1):
at least one processor, and at least one memory including computer program code, wherein the computer program code is configured to cause a network node, when executed with the at least one processor, to:
send a configuration message to a user device, the configuration message including network slice access stratum group (NSAG) information; wherein the NSAG information is used for (lines 2-7):
performing a random-access procedure taking into account the NSAG information and a single network slice selection assistance information (S-NSSAI) in accordance with the configuration message with the user device (lines 8-10),
wherein the S-NSSAI is associated with a protocol data unit session for which an uplink user data packet is to be sent or with which a session management message is associated (lines 11-12).
Claims 18-22 and 23-27 correspond to claims 2-6 of the copending Application No. 18/961,007, respectively.
Claim 28 corresponds to claims 13 of the copending Application No. 18/961,007.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 8, 18-19, 23-24, and 29-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Futaki et al. (hereinafter “Futaki”, US 2024/0292467) as cited in IDS dated October 29, 2025.
Regarding claims 1 and 29, Futaki discloses a method for controlling a user device and a user device (i.e., UE 1 as shown in Fig. 1 or 11), comprising:
at least one processor (i.e., processor 1105 as shown in Fig. 11), and at least one memory (i.e., memory 1106) including computer program code (i.e., software as described in paragraph 0177), wherein the computer program code is configured to cause the user device, when executed with the at least one processor, to:
receive a configuration message from a network node (i.e., the first feature configured in the UE 1 by the core network (e.g., AMF) via NAS signaling as described in paragraphs 0085-0086 and 0093-0094), the configuration message including network slice access stratum group (NSAG) information (i.e., receiving by the NAS layer 202 the intended network slice groups is specified by a slice group identifier (ID) as described in paragraph 0094); and
perform a random access in accordance with the NSAG information and a single network slice selection assistance information (S-NSSAI) (i.e., the AS layer 28 performs random access procedure associated with determined feature combination as described in paragraphs 0085-0086 and 0096-0098),
wherein the S-NSSAI is associated with a protocol data unit session for which an uplink user data packet is to be sent or with which a session management message is associated (i.e., the NAS layer is triggered for an access attempt based on an uplink user data packet to be sent for a PDU session using the suspended user plane resource. The access attempt relates to a particular network slice as described in paragraphs 0085-0086 and 0101).
Regarding claims 8 and 30, Futaki discloses a method for a network node and a network device in a network (i.e., RAN node 2 as shown in Fig. 12), comprising:
at least one processor (i.e., processor 1204), and at least one memory (i.e., memory 1205) including computer program code (i.e., software as described in paragraph 0183), wherein the computer program code is configured to cause a network node, when executed with the at least one processor, to:
send a configuration message to a user device, the configuration message including network slice access stratum group (NSAG) information (i.e., the first feature configured in the UE 1 by the core network (e.g., AMF) via NAS signaling as described in paragraphs 0085-0086 and 0093-0094); wherein the NSAG information is used for:
performing a random-access procedure taking into account the NSAG information and a single network slice selection assistance information (S-NSSAI) in accordance with the configuration message with the user device (i.e., the AS layer 28 performs random access procedure associated with determined feature combination as described in paragraphs 0085-0086 and 0096-0098),
wherein the S-NSSAI is associated with a protocol data unit session for which an uplink user data packet is to be sent or with which a session management message is associated (i.e., the NAS layer is triggered for an access attempt based on an uplink user data packet to be sent for a PDU session using the suspended user plane resource. The access attempt relates to a particular network slice as described in paragraphs 0085-0086 and 0101).
Regarding claims 18 and 23, Futaki discloses all limitations recited within claims as described above. Futaki also discloses wherein the user device is in 5G Mobility Management (5GMM) connected mode with Radio Resource Control (RRC) inactive indication (i.e., UE is in 5GMM_Connected mode with RRC inactive indication as described in paragraph 0100).
Regarding claims 19 and 24, Futaki discloses all limitations recited within claims as described above. Futaki also discloses wherein the network node is access and mobility management function (AMF) (i.e., AMF as described in paragraph 0067).
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.
Claim(s) 20-21, 25-26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Futaki in view of Starsinic et al. (hereinafter “Starsinic”, US 2024/0381240) as cited in IDS dated October 29, 2025.
Regarding claims 20 and 25, Futaki discloses all limitations recited within claims as described above but does not expressly disclose features of these claims.
In a similar endeavor, Starsinic discloses methods, architectures, apparatuses and systems for supporting network slicing serving area. Starsinic also discloses setting, by the user device, a NSAG bit showing the ability of the user device to support a NSAG function (i.e., the WTRU 102 sends a Registration Request to an AMF 182 indicating that the WTRU is capable of receiving and understanding the contents of an Information Element that contains SSAA information as described in paragraph 0128).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references and arrive at the present invention.
The motivation/suggestion for doing so would have been to enable the UE to register with a network as desired.
Regarding claims 21 and 26, Futaki and Starsinic disclose all limitations recited within claims as described above. Starsinic also discloses wherein the NSAG bit is in the 5GMM capability information element (IE) of a registration request message (i.e., the SSA information support indication is encoded in an Information Element such as a UE 5GMM Core Network Capability Information Element as described in paragraph 0128).
Regarding claim 28, Futaki discloses all limitations recited within claims as described above but does not expressly disclose features of these claims.
In a similar endeavor, Starsinic discloses methods, architectures, apparatuses and systems for supporting network slicing serving area. Starsinic also discloses wherein the network node sends the NSAG information in a configuration update command message or in a registration accept message (i.e., the WTRU receives a Registration Accept message from the network entity as described in paragraph 0028).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references and arrive at the present invention.
The motivation/suggestion for doing so would have been to enable the UE to register with a network as desired.
Claim(s) 22 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Futaki in view of Da Silva et al. (hereinafter “Da Silva”, US 2020/0314700) as cited in IDS dated April 17, 2025.
Regarding claims 22 and 27, Futaki discloses all limitations recited within claims as described above but does not expressly disclose features of these claims.
In a similar endeavor, Da Silva discloses resume request followed by release and redirect. Da Silva also discloses wherein an uplink user data packet is to be sent with suspended user-plane resources (i.e., an uplink user data packet to be sent for a PDU session with suspended user-plane resource as described on page 14 of the Specification).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references and arrive at the present invention.
The motivation/suggestion for doing so would have been to indicate that the UE has transitioned into an inactive state.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE CAI whose telephone number is (571)272-7798. The examiner can normally be reached Monday-Thursday, 7:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KATHY WANG-HURST can be reached on (571)270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Wayne H Cai/Primary Examiner, Art Unit 2644
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