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 .
This communication is in response to the application filed on 11/15/2024. Claims 36-55 are currently pending in the application. It is noted that claims 1-35 were cancelled from the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Independent claims 36, 44, and 52 including their associated dependent claims 37, 40-42, 45, 48, 50, and 54 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claims 36, 44, and 52 including their associated dependent claims 37, 40-42, 45, 48, 50, and 54 comprise several optional features such as “and/or”, or, / etc which make the intended limitations unclear.
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 36-39, 41-47, and 49-55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PGPub. No. 20210058771 to WU et al. (hereinafter WU).
Regarding Claim 36, WU discloses a method of controlling a user device in a communications network (¶0066, “FIG. 4A and FIG. 4B are a schematic communication diagram of a key generation method in a first mobility scenario according to an embodiment of this application;”), ¶0164-¶0170, comprising:
receiving a message from a network node (¶0211, “Step 410: The S-CU-CP sends an RRC reconfiguration message to the terminal.”);
configuring, at the user device, an RRC connection to the network node (¶0216, “Step 412: The terminal generates a corresponding control plane protection key and a corresponding user plane protection key based on the parameter carried in the RRC reconfiguration message”) including selecting and/or determining either an RRC entity at a central unit control plane of the network node (¶0289-¶0290, “The RRC reconfiguration message includes a parameter used by the terminal to derive a user plane key…For example, the parameter used by the terminal to derive the user plane key includes at least one of the following: a T-DU ID, a T-CU-UP ID,…”), or an RRC entity at a local control plane of the network node for communication with or from the network node (¶0220, “In this way, corresponding control plane signaling transmission and user plane data transmission may be securely performed between the terminal and the T-CU-CP and between the terminal and the T-CU-UP.”).
Regarding Claim 44, WU discloses a user device, comprising: at least one processor (¶0043, “the apparatus is the terminal, the terminal includes a processor, and the processor is configured to support the terminal in performing a corresponding function in the foregoing methods.”); and
at least one memory storing instructions that, when executed by the at least one processor (¶0043, “… Further, the terminal may further include a memory. The memory is configured to couple to the processor, and the memory stores a program instruction and data that are necessary for the terminal.”) cause the user device at least to perform:
receiving a message from a network node (¶0211, “Step 410: The S-CU-CP sends an RRC reconfiguration message to the terminal.”);
configuring an RRC connection to the network node (¶0216, “Step 412: The terminal generates a corresponding control plane protection key and a corresponding user plane protection key based on the parameter carried in the RRC reconfiguration message”) including selecting and/or determining either an RRC entity at a central unit control plane of the network node (¶0289-¶0290, “The RRC reconfiguration message includes a parameter used by the terminal to derive a user plane key…For example, the parameter used by the terminal to derive the user plane key includes at least one of the following: a T-DU ID, a T-CU-UP ID,…”), or an RRC entity at a local control plane of the network node for communication with or from the network node (¶0220, “In this way, corresponding control plane signaling transmission and user plane data transmission may be securely performed between the terminal and the T-CU-CP and between the terminal and the T-CU-UP.”).
Regarding Claim 52, WU discloses A network device, comprising: at least one processor (¶0039, “the apparatus is the control plane entity of the centralized unit, the control plane entity of the centralized unit includes a processor, and the processor is configured to support the control plane entity of the centralized unit in performing a corresponding function in the foregoing methods…”); and
at least one memory storing instructions that, when executed by the at least one processor (¶0039, “…Further, the control plane entity of the centralized unit may further include a memory. The memory is configured to couple to the processor, and the memory stores a program instruction and data that are necessary for the control plane entity of the centralized unit.”), cause the network device at least to perform:
receiving a message from a user device (¶0211, “Step 410: The S-CU-CP sends an RRC reconfiguration message to the terminal.”);
configuring an RRC connection to the user device including an RRC entity at a central control plane and an RRC entity at a local control plane of a network node (¶0216, “Step 412: The terminal generates a corresponding control plane protection key and a corresponding user plane protection key based on the parameter carried in the RRC reconfiguration message”), (¶0289-¶0290, “The RRC reconfiguration message includes a parameter used by the terminal to derive a user plane key…For example, the parameter used by the terminal to derive the user plane key includes at least one of the following: a T-DU ID, a T-CU-UP ID,…”), (¶0220, “In this way, corresponding control plane signaling transmission and user plane data transmission may be securely performed between the terminal and the T-CU-CP and between the terminal and the T-CU-UP.”), for transmission and reception of signaling messages with the network (¶0043, “Further, the terminal may further include a transceiver. The transceiver is configured to support communication between the terminal and a control plane entity of a centralized unit or communication between the terminal and another network element…”), (¶339-¶330, “…The terminal 1300 includes a transmitter 1301, a receiver 1302, and a processor 1303…. The uplink signal is transmitted to the base station in the foregoing embodiments by using an antenna. On a down link, the antenna receives a downlink signal transmitted by the base station in the foregoing embodiments…”).
Regarding Claims 37 and 45, WU discloses the method and the user device according to claims 36 and 44 respectively further comprising: selecting, by the user device, based on the indication a key corresponding to the selected RRC entity from a stored key set (¶0212, “The RRC reconfiguration message includes a parameter used by the terminal to derive a control plane key and a parameter used by the terminal to derive a user plane key. For example, the parameter used by the terminal to derive the control plane key includes at least one of the following: a target side PCI, a downlink frequency, the T-CU-CP ID, a T-CU-ID, a target side control plane algorithm identifier, and a target side control plane algorithm type identifier, and another key derivation parameter;…”);
and using, by the user device, the key to encrypt/decrypt or integrity protect/verify communication to/from the network node (¶0212, “…and another key derivation parameter; and the parameter used by the terminal to derive the user plane key includes at least one of the following: at least one of a bear ID, a DRB ID, and a session ID, an algorithm identifier managed by the T-CU-UP, an algorithm type identifier managed by the T-CU-UP, and another key derivation parameter.”).
Regarding Claims 38 and 46, WU discloses the method and the user device according to claims 36 and 44 respectively, wherein the message is a downlink RRC message including an indication of the RRC entity to select (¶0212, “The RRC reconfiguration message includes a parameter used by the terminal to derive a control plane key and a parameter used by the terminal to derive a user plane key. For example, the parameter used by the terminal to derive the control plane key includes at least one of the following: a target side PCI, a downlink frequency,…”, wherein the RRC message that contains downlink frequency information is interpreted as the claimed downlink RRC message), (¶0330, “…The uplink signal is transmitted to the base station in the foregoing embodiments by using an antenna. On a down link, the antenna receives a downlink signal transmitted by the base station in the foregoing embodiments…”).
Regarding Claim 53, WU discloses the network device according to claim 52, wherein the message is a downlink RRC message including an indication of the RRC entity to be selected for communication with the network (¶0212, “The RRC reconfiguration message includes a parameter used by the terminal to derive a control plane key and a parameter used by the terminal to derive a user plane key. For example, the parameter used by the terminal to derive the control plane key includes at least one of the following: a target side PCI, a downlink frequency,…”, wherein the RRC message that contains downlink frequency information is interpreted as the claimed downlink RRC message), (¶0330, “…The uplink signal is transmitted to the base station in the foregoing embodiments by using an antenna. On a down link, the antenna receives a downlink signal transmitted by the base station in the foregoing embodiments…”).
Regarding Claim 39 and 47, WU discloses the method and device according to claims 38 and 46 respectively, wherein a similar or identical indication is included in UL RRC messages sent by the user device (¶0212 implementation), (¶0177, “The foregoing another key derivation parameter may include at least one of the following: an instance ID, a CU-UP ID, a CU ID, a gNB identifier, a CU-CP ID, a DU ID, a flow ID, bearer information, session information, a slice ID, a MAC layer identifier, an RRC signaling counter, a NAS count, and a fresh parameter. If the fresh parameter is used, the parameter needs to be finally sent to UE, and the fresh parameter may be a count, a nonce, a random number, or the like.”).
Regarding Claims 41 and 49, WU discloses the method and the device according to claims 36 and 44 respectively, further comprising: communicating with the central control plane for overall connection control, for inter-NG RAN node, and/or inter-RAT procedures (¶0211, FIGs 4A and 4B, “Step 410: The S-CU-CP sends an RRC reconfiguration message to the terminal.”). (¶0081, “The CU covers a higher layer protocol stack of a radio access network and some functions of a core network, for example, functions of a radio resource control (RRC) layer and a packet data convergence layer protocol (PDCP) layer, and even can support some core network functions in implementing on an access network…”).
Regarding Claims 42 and 50, WU discloses the method and the device according to claims 36 and 44 respectively, wherein the user device can receive RRC messages from the central unit control plane and/or the local control plane of the network node as part of the same RRC connection (¶0211, FIGs 4A and 4B, “Step 410: The S-CU-CP (centralized unit control plane) sends an RRC reconfiguration message to the terminal.”).
Regarding Claims 43 and 51, WU discloses the method and the device according to claims 36 and 44 respectively, further comprising: receiving an indication, from a network node, on provision of multiple local control planes for slice support; and sending, to the network node, an association of the user device with one or more of the multiple local control planes according to slice services (¶0212, “The RRC reconfiguration message includes a parameter used by the terminal to derive a control plane key and a parameter used by the terminal to derive a user plane key. For example, the parameter used by the terminal to derive the control plane key includes at least one of the following: a target side PCI, a downlink frequency, the T-CU-CP ID, a T-CU-ID, a target side control plane algorithm identifier, and a target side control plane algorithm type identifier, and another key derivation parameter; and the parameter used by the terminal to derive the user plane key includes at least one of the following: at least one of a bear ID, a DRB ID, and a session ID, an algorithm identifier managed by the T-CU-UP, an algorithm type identifier managed by the T-CU-UP, and another key derivation parameter.”).
Regarding Claim 54, WU discloses the network device according to claim 53, wherein the indication of the RRC entity to be selected is based on the type and/or capabilities of the user device and services invoked (¶0298, “…a security capability of UE, a security capability of an access network element, a security capability of a network side, an algorithm priority list of the UE and the network side, an algorithm priority list of the access network element, and the like…”), (¶0304, “the CU-CP may store the security context and other related information on the UDSF. The security context generally refers to a key, a key identifier, a security capability of UE, an algorithm priority list (UE, an access network element, and a core network (AMF)), and a parameter related to key calculation, for example, a NAS COUNT, and a pair of {NH, NCC}.”), (¶0310, “when the second CU-CP (or the S-CU-CP) transmits information (for example, the security capability of the terminal) to the first CU-CP (or the T-CU-CP), an indication identifier of integrity protection and/or encryption protection of a UP plane, a DRB, or a session may further be transmitted during transmission. Correspondingly, to ensure that a service is not interrupted when the terminal moves, the first CU-CP (or the T-CU-CP) needs to determine, based on the indication identifier, whether to enable the integrity protection and/or the encryption protection of the UP plane, the DRB, or the session”).
Regarding Claim 55, WU discloses the network device according to claim 54, wherein the local control plane is configured per a single user device or per a group of user devices like a Virtual Network, VN group (¶0095, “As shown in FIG. 2B, in the first deployment scenario, a CU-CP and a CU-UP are located at central locations, for example, may be deployed in an equipment room, and this facilitates a cloud technology in implementing the CU-CP and the CU-UP through virtualization. The CU-CP is located at the central location and can better provide load balancing and resource coordination for a DU. The DU is located at a distributed location.”), (¶0096, “As shown in FIG. 2C, in the second deployment scenario, a CU-CP and a DU are located at distributed locations and are deployed outdoors, and one CU-CP manages one DU. This is applied to a scenario in which there are a large quantity of signaling operations. A CU-CP manages a single DU, for example, in a scenario of critical communication, a key needs to be changed periodically…”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 40 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over PGPub. No. 20210058771 to WU et al. (hereinafter WU) in view of an NPL “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; NR and NG-RAN Overall Description; Stage 2 (3GPP Release 17)”.
The 3GPP Release 17 is included in the IDS supplied by the applicant.
Regarding Claims 40 and 48, WU discloses the method and the user device according to claims 36 and 44 respectively further comprising: communicating with the local control plane for execution of intra-gNB functionality (¶0079, “…As shown in FIG. 2A, a next generation NodeB (gNB) mainly includes a CU and a DU, and the CU is further divided into a CU-CP and a CU-UP. The following describes these function units or entities.”), (¶0083-¶0084, “…Such division of the gNB as an access basic processing unit has many advantages. For example, in a 5G network, especially with a support of a cloudification technology, through decoupling of a user plane and a control plane, simultaneous connections of networks of different standards can be implemented. Control plane signaling related to a service session is carried on an existing network that is a conventional network that already implements continuous coverage…”), (¶0094, “… In FIG. 2B, FIG. 2C, and FIG. 2D, an NG-C interface is an interface (for example, an N2 interface in a 5G architecture) between a gNB and an AMF, an NG-U interface is an interface (for example, an N3 interface in the 5G architecture) between the gNB and a UPF, an Xn-C interface is an interface between the CU-CP and another CU-CP, and an Xn-U interface is an interface between the CU-UP and another CU-UP.”), like reporting layer1 and/or layer3 measurements to the network (¶0080-¶0081, “The DU covers some functions of a physical layer (layer 1) and of a layer 2 (media access control (MAC)/radio link control (RLC) of baseband processing. In consideration of a transmission resource of a remote radio unit (RRU) and the DU, some physical layer functions of the DU may be implemented on the RRU, with miniaturization of the RRU, and even more radically, the DU may be combined with the RRU…The CU covers a higher layer protocol stack of a radio access network and some functions of a core network, for example, functions of a radio resource control (RRC) layer (layer 3) and a packet data convergence layer protocol (PDCP) layer, and even can support some core network functions in implementing on an access network…”), executing mobility procedures like CHO or L1 based mobility handling (¶0096, “…This deployment manner is applicable to a scenario in which there are a relatively large quantity of link reestablishments, handovers, and state transitions, and particularly, a mobility scenario such as an internet of vehicles. The CU-UP is located at a central location.”), (¶0115, “the control plane entity of the second centralized unit may send the root key of the first base station or the root key of the control plane entity of the first centralized unit to the control plane entity of the first centralized unit through a handover request.”), (¶0171, FIG. 4, “Step 401: The S-CU-CP makes a handover decision.”), for forwarding of NAS messages to the central control plane, and/or for performing control plane functions at a user device level or DRB/PDU-session level (¶0163, “… an S-DU represents a source distributed unit, an S-CU-UP represents a user plane entity of the source centralized unit, a T-DU represents a target distributed unit, and an AMF represents an access and mobility management entity.”, wherein the communication between the user equipment and the AMF is interpreted as the claimed Non-Access Stratum (NAS) message), (¶0310, “…an indication identifier of integrity protection and/or encryption protection of a UP plane, a DRB, or a session may further be transmitted during transmission. Correspondingly, to ensure that a service is not interrupted when the terminal moves, the first CU-CP (or the T-CU-CP) needs to determine, based on the indication identifier, whether to enable the integrity protection and/or the encryption protection of the UP plane, the DRB, or the session…”), (¶0177, “The foregoing another key derivation parameter may include at least one of the following: an instance ID, a CU-UP ID, a CU ID, a gNB identifier, a CU-CP ID, a DU ID, a flow ID, bearer information, session information, a slice ID, a MAC layer identifier, an RRC signaling counter, a NAS count, and a fresh parameter. If the fresh parameter is used, the parameter needs to be finally sent to UE, and the fresh parameter may be a count, a nonce, a random number, or the like.”).
However, WU does not explicitly disclose receiving configurations related to cell access,
3GPP release 17 discloses further comprising: communicating with the local control plane for execution of intra-gNB functionality, like reporting layer1 and/or layer3 measurements to the network, receiving configurations related to cell access or executing mobility procedures like CHO or L1 based mobility handling, for forwarding of NAS messages to the central control plane, and/or for performing control plane functions at a user device level or DRB/PDU-session level (Section 9.2.3.4 (Conditional Handover (CHO)), (9.2.3.4.1).
Thus, one of ordinary skill in the art would have found it obvious before the effective filing date of applicant’s claimed invention to modify the method and the user device of WU to include receiving configurations related to cell access as disclosed by 3GPP Release 17 and be motivated in doing so in order to enable optimized device connectivity which will result in faster data speeds, low latency, and improved network efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUDASIRU K OLAEGBE whose telephone number is (571)272-2082. The examiner can normally be reached MON-FRI. 7.30AM-5.30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Farid Homayounmehr can be reached at 5712723739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUDASIRU K OLAEGBE/Examiner, Art Unit 2495
/FARID HOMAYOUNMEHR/Supervisory Patent Examiner, Art Unit 2495