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 .
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.
Claim 50 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The language of the claim raises a question as to whether the claim is directed merely to an abstract idea that is not tied to a technological art, environment or machine which would result in a practical application producing a concrete, useful, and tangible result to form the basis of statutory subject matter under 35 U.S.C. 101.
Claim 50 claims the non-statutory subject matter of a processor readable medium. Data structures not claimed as embodied in a computer readable medium are descriptive material per se and are not statutory because they are not capable of causing functional change in the computer. See, e.g., Warmerdam, 33 F.3d at 1361, 31 USPQ2d at 1754 (claim to a data structure per se held nonstatutory). Therefore, since the claimed processor readable medium not tangibly embodied in a physical medium and encoded on a computer readable medium then the Applicants has not complied with 35 U.S.C 101.
Claim Rejections - 35 USC § 102
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.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 26-32, 39-41, 48-50 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by EP 3905782, hereinafter, ‘Surisetty’.
Consider Claims 26, and as applied to Claims 49-50, Surisetty teaches a user equipment (UE) comprising: at least one processor; and at least one memory storing instructions which, when executed by the at least one processor (e.g., see at least figure 4A), cause the user equipment at least to perform operations, the operations comprising transmitting a registration request message to a network node according to a non-access stratum (NAS) protocol (e.g., see registration request message in 0008 and NAS protocol -see 0015), the registration request message including a request for one or more single-network slice selection assistance informations (S-NSSAIs) in a first network (e.g., see at least 0008 “S-NSSAIs”); receiving a registration reject message from the network node, the registration reject message including a 5G system mobility management (5GMM) cause value #62 "no network slices available" indication(e.g., see at least 0016 – registration reject message ); disabling N1 mode capability for the first network based upon the receiving the registration reject message(e.g., see at least 0016 – this is met based on the registration reject message – see also 0038); storing an identity of the first network; and after storing, exploiting the stored identity of the first network during a network selection process (e.g., see at least the storing of the TAI of the tracking area being included in the registration reject message- 0016).
Consider Claim 27, Surisetty teaches wherein the 5GMM cause value #62 "no network slices available" indication includes a cause "S-NSSAI not available due the failed or revoked network slice-specific authentication "indication (e.g., this is explicitly met in at least 0016).
Consider Claim 28, Surisetty teaches wherein the first network is a public land mobile network (PLMN) or a stand-alone public network (SNPN) (e.g., this is explicitly met in at least 0008).
Consider Claim 29, Surisetty teaches wherein the 5GMM cause value #62 "no network slices available" indication includes a cause "S-NSSAI not available in the current PLMN or SNPN" indication (e.g., this is explicitly met in at least 0008).
Consider Claim 30, Surisetty teaches the operations further comprising adding the identity of the PLMN to a list of PLMNs for which the UE disabled N1 mode capability (e.g., this is met based on at least the reject list noted in 0038).
Consider Claim 31, Surisetty teaches the operations further comprising starting a timer after disabling N1 mode capability (e.g., see timer noted in at least 0038).
Consider Claim 32, Surisetty teaches wherein the timer is a TNSU timer (e.g., see as best understood by the Examiner this is met by timer noted in at least 0038).
Consider Claim 39, Surisetty teaches the operations further comprising adding the identity of the SNPN to a list of SNPNs for which the UE disabled N1 mode capability(e.g., this is met based on at least the reject list noted in 0038).
Consider Claim 40, Surisetty teaches the operations further comprising starting a timer after disabling N1 mode capability(e.g., see as best understood by the Examiner this is met by timer noted in at least 0038).
Consider Claim 41, Surisetty teaches wherein the timer is a TNSUSNPN timer(e.g., see as best understood by the Examiner this is met by timer noted in at least 0038).
Consider Claim 48, Surisetty teaches wherein the network node comprises an access and mobility function (AMF) (e.g., see at least 0005).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 34-38 and 43-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3905782, hereinafter, ‘Surisetty’ in view of SAMSUNG ET AL: "Rejected NSSAI when sending cause #62 in REGISTRATION REJECT message", 3GPP DRAFT; C1-202150, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE vol. CT WG1, no. Online Meeting 20200416 - 20200424 9 April 2020 (2020-04-09), XP051869598 .
Examiner Note: ( see also WON US Patent Pub. No.: 20210258857 A1 regarding deletion and removal)
Consider Claim 34, Surisetty teaches the claimed invention except the operations further comprising discarding the PLMN for which the identity was added to the list during the network selection process.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising discarding the PLMN for which the identity was added to the list during the network selection process for the purpose of aligning with current and planned standards.
Consider Claim 35, Surisetty teaches the claimed invention except further comprising deleting the identity of the PLMN from the list upon the UE being switched off.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try deleting the identity of the PLMN from the list upon the UE being switched off based on the above suggestion for the purpose of aligning with current and planned standards.
Consider Claim 36, Surisetty teaches the claimed invention except the operations further comprising deleting the identity of the PLMN from the list upon removal of a universal subscriber identity module from the UE.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising deleting the identity of the PLMN from the list upon removal of a universal subscriber identity module from the UE for the purpose of aligning with current and planned standards.
Consider Claim 37, Surisetty teaches the claimed invention except the operations further comprising deleting the identity of the PLMN from the list upon receiving a registration accept message.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising deleting the identity of the PLMN from the list upon receiving a registration accept message for the purpose of aligning with current and planned standards.
Consider Claim 38, Surisetty teaches the claimed invention except operations further comprising deleting the identity of the PLMN from the list upon removing an S-NSSAI from a rejected NSSAI for a failed or revoked network slice-specific authentication and authorization (NSSAA) service.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try operations further comprising deleting the identity of the PLMN from the list upon removing an S-NSSAI from a rejected NSSAI for a failed or revoked network slice-specific authentication and authorization (NSSAA) service for the purpose of aligning with current and planned standards.
Consider Claim 43, Surisetty teaches the claimed invention except the operations further comprising discarding the SNPN for which the identity was added to the list during the network selection process.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising discarding the SNPN for which the identity was added to the list during the network selection process for the purpose of aligning with current and planned standards.
Consider Claim 44, Surisetty teaches the claimed invention except the operations further comprising deleting, the identity of the SNPN from the list upon the UE being switched off.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising deleting, the identity of the SNPN from the list upon the UE being switched off for the purpose of aligning with current and planned standards.
Consider Claim 45, Surisetty teaches the claimed invention except the operations further comprising deleting the identity of the SNPN from the list upon removal of a universal subscriber identity module from the UE.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising deleting the identity of the SNPN from the list upon removal of a universal subscriber identity module from the UE for the purpose of aligning with current and planned standards.
Consider Claim 46, Surisetty teaches the claimed invention except the operations further comprising deleting the identity of the SNPN from the list upon receiving a registration accept message.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try the operations further comprising deleting the identity of the SNPN from the list upon receiving a registration accept message for the purpose of aligning with current and planned standards.
Consider Claim 47, Surisetty teaches the claimed invention except further comprising deleting the identity of the SNPN from the list upon removing an S-NSSAI from a rejected NSSAI for a failed or revoked network slice-specific authentication and authorization (NSSAA) service.
In analogous art, 3GPP teaches information regarding the stored identity in section 5.5.1.2.5, wherein "USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid until the UE is switched off or the entry is updated", "counter for "SIM/USIM considered invalid").#7 (5GS services not allowed). This cause value received from a cell belonging to an SNPN is considered as an abnormal case and the behaviour of the UE is specified in subclause 5.5.1.3.7. The UE shall set the 5GS update status to 5U3 ROAMING NOT ALLOWED (and shall store it according to subclause 5.1.3.2.2) and shall delete any 5G-GUTI, last visited registered TAL TAI list and ngKSI. The UE shall consider the USIM as invalid for 5GS services until switching off OF the UICC containing the USIM is removed or the UE shall consider the entry of the "list of subscriber data" with the SNPN identity of the current SNPN as invalid for 5GS services until the UE is switched off or the entry is updated. The UE shall move to 5GMM- DEREGISTERED state.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try further comprising deleting the identity of the SNPN from the list upon removing an S-NSSAI from a rejected NSSAI for a failed or revoked network slice-specific authentication and authorization (NSSAA) service for the purpose of aligning with current and planned standards.
Claim(s) 33 and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3905782, hereinafter, ‘Surisetty’ in view of SAMSUNG ET AL: "Rejected NSSAI when sending cause #62 in REGISTRATION REJECT message", 3GPP DRAFT; C1-202150, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE vol. CT WG1, no. Online Meeting 20200416 - 20200424 9 April 2020 (2020-04-09), XP051869598 and further in view of WON US Patent Pub. No.: 20210258857 A1.
Consider Claims 33 and 42, Surisetty teaches the claimed invention except wherein a value of the timer TNSU or the TNSUSNPN does not exceed a background timer value.
In analogous art, WON teaches in paragraph 0254, In some embodiments, the UE 102 should remember the identity of the PLMN where N1 mode capability for 3GPP access was disabled and should use that stored information in subsequent PLMN selections. More specifically, according to 3GPP TS 23.122, the UE 102 should maintain a list of PLMNs where the N1 mode capability was disabled due to receipt of a reject from the network with 5GMM cause #27 “N1 mode not allowed”: When the UE 102 disables its N1 mode capability due to receipt of a reject from the network with 5GMM cause #27 “N1 mode not allowed”:
Paragraph 0255 teaches the UE 102 should add the identity of the PLMN to the list of PLMNs where N1 mode is not allowed and should start timer TG if timer TG is not already running. The number of PLMNs that the MS can store where N1 mode is not allowed is implementation specific, but it can or shall be at least one. In some embodiments, the value of timer TG is MS implementation specific, but may not, cannot, or shall not exceed the maximum possible value of background scanning timer.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein a value of the timer TNSU or the TNSUSNPN does not exceed a background timer value for the purpose of aligning with current and planned standards.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See PTO 892
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES TERRELL SHEDRICK whose telephone number is (571)272-8621. The examiner can normally be reached 8A-5P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson can be reached at 571 272 4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
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