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 .
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, 11 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 respectively of U.S. Patent No. 12,096,494 Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-10 and 12-19 are rejected as being dependent on independent claims 1 and 11.
Claims 1 & 20.
A method comprising: receiving, by a session management function (SMF), one or more messages comprising: a packet data unit (PDU) session establishment request; location information of a wireless device; and a single-network slice selection assistance information (S-NSSAI) of the PDU session; selecting, by the SMF, a local proxy call session control function (P-CSCF) based on: the location information of the wireless device; and the S-NSSAI of the PDU session; and sending, by the SMF to the wireless device, a PDU session establishment accept message comprising an identifier of the P-CSCF.
Claim 1.
A method comprising: receiving, by a session management function (SMF) from a wireless device, a packet data unit (PDU) session establishment request message comprising: location information of the wireless device; and a single-network slice selection assistance information (S-NSSAI) of the PDU session; selecting, by the SMF, a local proxy call session control function (P-CSCF) based on: the location information of the wireless device; and the S-NSSAI of the PDU session; and sending, by the SMF to the wireless device, a PDU session establishment accept message comprising an identifier of the P-CSCF.
Claim 11
A session management function (SMF) comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the SMF at least to perform: receiving one or more messages comprising: a packet data unit (PDU) session establishment request; location information of a wireless device; and a single-network slice selection assistance information (S-NSSAI) of the PDU session; selecting a local proxy call session control function (P-CSCF) based on: the location information of the wireless device; and the S-NSSAI of the PDU session; and sending, to the wireless device, a PDU session establishment accept message comprising an identifier of the P-CSCF.
Claim 11
A session management function (SMF) comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the SMF to: receive, from a wireless device, a packet data unit (PDU) session establishment request message comprising: location information of the wireless device; and a single-network slice selection assistance information (S-NSSAI) of the PDU session; select, by the SMF, a local proxy call session control function (P-CSCF) based on: the location information of the wireless device; and the S-NSSAI of the PDU session; and send, by the SMF to the wireless device, a PDU session establishment accept message comprising an identifier of the P-CSCF.
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.
Claims 1- 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stojanovski et al. (2021/0306912).
Regarding claim 1, Stojanovski discloses a method (see abstract, fig.1, paragraph [0004], [0026 and its description), comprising: receiving, by a session management function (SMF), one or more messages comprising: a packet data unit (PDU) session establishment request (see abstract, fig.1, element 102, 110, steps 1-3, paragraphs [0004], paragraph [0026-0031] and its description); location information of a wireless device (see abstract, fig.1, element 102, 110, steps 1-3, paragraphs [0004], [0031] and its description); and a single-network slice selection assistance information (S-NSSAI) of the PDU session (see abstract, fig.1, element 102, 110, steps 1-3, paragraphs [0004], [0027], [0031] and its description); selecting, by the SMF, a local proxy call session control function (P-CSCF) based on: the location information of the wireless device (see abstract, fig.1, element 102, 110, steps 7a-b, paragraphs [0004], [0027], [0035] and its description); and the S-NSSAI of the PDU session (see abstract, fig.1, element 102, 110, steps 1-3, paragraphs [0004], [0027], [0031] and its description); and sending, by the SMF to the wireless device, a PDU session establishment accept message comprising an identifier of the P-CSCF (see abstract, fig.1, element 102, 110, steps 11-13, paragraphs [0004], [0027], [0039-0043] and its description).
Regarding claim 2, Stojanovski further comprising determining a local proxy application server based on: the location information; and a location of the wireless device (see paragraphs [0031], [0090]).
Regarding claim 3, Stojanovski further comprising determining an identifier of the local proxy application server is different than an identifier of a second local proxy application server (see paragraphs [0011-0012]. [0086]).
Regarding claim 4, Stojanovski further comprising sending the PDU session establishment accept message to the wireless device in response to the determining (see abstract, fig.1, element 102, 110, steps 1-3, paragraphs [0004], paragraph [0034] and its description).
Regarding claim 5, Stojanovski further comprising 5. The method of claim 3, wherein the second local proxy application server is a local proxy application server having a contact information of the wireless device.
Regarding claim 6, Stojanovski further comprising sending, by the SMF to a network node, a request message for subscription information of the wireless device, wherein the request message for subscription information comprises at least one of: a wireless device location; or an identifier of the location information (see paragraphs [0031], [0080]).
Regarding claim 7, Stojanovski further discloses wherein the wireless device location comprises at least one of: a tracking area identifier; or a cell identifier (see paragraph [0075]).
Regarding claim 8, Stojanovski further discloses wherein the network node comprises at least one of: a unified data management function; a home subscriber server; a policy control function; a network exposure function; or an access mobility management function (see fig.3, element 310 paragraph [0080] and its description).
Regarding claim 9, Stojanovski further discloses wherein the PDU session establishment request message comprises a second local proxy application (see abstract, fig.1, elements 112-116, steps 7a-b, paragraphs [0004], [0026-0027] and its description).
Regarding claim 10, Stojanovski further discloses wherein the location information of the wireless device is provided with the PDU session establishment request (see abstract, fig.1, element 102, 110, steps 1-3, paragraphs [0004], paragraph [0025-0026] and its description).
Regarding claims 111-20 recite limitations substantially similar to claims 1-10. Therefore, these claims were rejected for similar reasons as stated above.
Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/
Primary Examiner, Art Unit 2647
Prosecution Insights