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
Receipt is acknowledged of papers submitted claiming the benefit of Application No. CN202210307061.7, filed on 03/25/2022, Application No. CN202210488608.8, filed on 05/06/2022, and Application No. CN202211218240.X, filed on 09/30/2022, which papers have been placed of record in the file required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/28/2026 has been considered by the examiner.
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 19 recites “a readable storage medium”. Referring to Applicant’s specification [0045], [0047], [0331], [0332] and [0335], these paragraphs and the claims fail to limit the readable storage medium in a way that excludes propagating signals. This claim fails to come within one of the four statutory categories of invention under 35 U.S.C. 101, since propagating signals, which are signals, are not patentable under 35 U.S.C. 101.
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 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JEONG et al. (US 2021/0068172 A1, hereinafter Jeong).
Regarding claim 1, Jeong teaches a method for determining a user plane function network element ([Figure 5, UPF 510]. Additionally, FIG. 6/7 depicts operations for determining a UPF), wherein the method comprises: transmitting, by a user plane function network element, a network element registration request message to a first network element ([0065] referring to FIG. 5, "in step 501, a first UPF (UPF-1) instance 510 performs a UPF service registration process with a Network Repository Function/Service Communication Proxy (NRF/SCP) 530 and transmits its own NF profile through a registration request message," i.e. a network registration request message transmitted from UPF 510 to NRF/SCP 530), wherein the network element registration request message is used to register network element information of the user plane function network element to the first network element ([0065] "the UPF service information may include an identifier of the UPF service, a version of each service, and capability of each service," i.e. the registration request message includes information used to register the UPF to the NRF/SCP, as depicted in Figure 5, step 501/502); and obtaining, by the user plane function network element, a network element registration response message transmitted by the first network element ([0066] "in FIG. 5, a response message which the NRF/SCP 530 transmits to the first UPF (UPF-1) instance 510 is omitted" (not depicted), i.e. the UPF obtains a response message), wherein the network element registration request message comprises identification information of a data type supported by the user plane function network element ([0076] referring to FIG.6, "in step 603, the NRF/SCP 620 transfers information on the UPF instance that may support requested UPF service(s) to the consumer NF 630. That is, the NRF/SCP 620 transmits a UPF discovery response message including UPF service network information and a list of NF profiles to the consumer NF 630," i.e. in response to a registration process as shown in FIG.5, the NRF/SCP may transmit a UPF response message which may further include service network information and a list of capable NF profiles to the UPF, i.e. identification information of a data type supported by the UPF. Furthermore, [0088] describes "the N4 association setup response message may include UPF services supported by the consumer NF 730, capability of the UPF instance, and connection relationship information, peer information of another UPF instance which can be linked to the UPF instance 710," i.e. providing capabilities of the UPF are provided in a response transmission, i.e. the network element registration request message may include identification information of a data type that the UPF will need to support).
Regarding claim 2, Jeong teaches the network element registration request message comprises first data type identification information ([0063] referring to the discovery request in operation 701 (also FIG. 6 operation 601) "if the consumer NF 630 has the information when making the request, the corresponding request message may additionally include an identifier of a UPF set and an identifier of a UPF service set," i.e. the ability to include identification information in the first data type in the network element registration request), wherein the first data type identification information is used to indicate that the user plane function network element supports a data consumption network element in directly obtaining data corresponding to the first data type identification information from the user plane function network element (referring to FIG. 7. [0087] - [0088] "in step 704, the consumer NF (for example, an SMF) 730 transmits a request for generating N4 (interface between the SMF and the UPF) (Packet Forwarding Control Protocol (PFCP) association) association to the UPF instance 710 through a discovery response received from the NRF/SCP 720," wherein step 704 may include information such as the capabilities of the UPF instance to support services/connections/instances/transmissions or "connection relationship information" or "an identifier", i.e. step 704 includes identification information which is used to indicate UPF abilities such as supporting a data consumption network element, such as SMF 730, wherein this information would also be available to the first network device during the discovery response in operation 701).
Regarding claim 3, the claimed limitations of claim are rejected as the same reasons as set forth in claim 2, further in view of Jeong teaches -second data type identification information- ([0087] - [0088] as described above, there may be a plurality of data type identification information values included in the network element registration request, each with the ability to contribute to indicating UPF abilities, such as indicating the UPF supports a data consumption network element, such as SMF 730. Furthermore, according to FIG. 6 and FIG. 7, the UPF may receive data directly or indirectly as shown accordingly).
Regarding claim 4, Jeong teaches the first network element comprises a network repository function network element ([Figure 5, 530] (NRF/SCP) 530, i.e. the first network element may comprise a network repository function network element).
Regarding claim 5, the claimed limitations of claim are rejected as the same reasons as set forth in claim 1, further in view of Jeong teaches -wherein the network element registration request message comprises identification information of a data type supported by the user plane function network element ([0087] - [0088] the network element registration request message may include a plurality of identification information, such as supported data types/capabilities as explained in claim 2, see FIG. 7); and transmitting, by the first network element, a network element registration response message to the user plane function network element ([0066] "in FIG. 5, a response message which the NRF/SCP 530 transmits to the first UPF (UPF-1) instance 510 is omitted" (not depicted), i.e. the UPF obtains a response message).
Regarding claim 6, the claim limitations follow the same mapping as claim 2.
Regarding claim 7, the claim limitations follow the same mapping as claim 3.
Regarding claim 8, Jeong teaches obtaining, by the first network element, a network element discovery request message transmitted by a data consumption network element, wherein the network element discovery request message comprises first information, wherein the first information comprises target data type identification information, used to indicate a data type of interest to the data consumption network element ([0080] referring to FIG. 7. "the consumer NF 730 transmits a UPF discovery request message including UPF service(s) and slide information to the NRF/SCP 720," i.e. a discovery request message sent to the first network element (NRF/SCP 720) by a data consumption network element (SMF 730) with corresponding information used to aid in "selecting a UPF instance with an NRF/SCP 720 to receive a user plane packet processing service," i.e. data type is provided to determine a target UPF for the SMF 730); determining, by the first network element based on the network element discovery request message, a target user plane function network element that matches the first information ([Figure 7, step 702] and [0083] describes "in step 702, the NRF/SCP 720 discovers a UPF instance that may support discovery-requested UPF service(s)," i.e. determining a target UPF); and transmitting, by the first network element, a network element discovery response message to the data consumption network element ([0084] describes "in step 703, the NRF/SCP 720 transfers information on the UPF instance that may support requested UPF service(s) to the consumer NF 730," i.e. transmitting a discovery list, discovery list read as discovery response message).
Regarding claim 9, Jeong teaches the determining a target user plane function network element that matches the first information (as described above in claim 8, see FIG. 7) comprises: determining, by the first network element, the target user plane function network element based on the target data type identification information comprised in the first information ([Figure 7, operation 702] first network element (NRF/SCP 720) determines the target UPF based on the data received from the SMF 730 comprised in step 701), wherein the target user plane function network element is capable of providing data corresponding to the target data type identification information (during the process of Figure 7, operation 702, the steps in Figure 5 are performed, i.e. the UPF is capable of providing data corresponding to the target data, see Figure 5, operation 501 and [0065]).
Regarding claim 10, Jeong teaches the network element discovery response message comprises at least one of the following: information about the target user plane function network element or information about a session management function network element associated with the target user plane function network element ([0084] referring to FIG. 7, "in step 703, the NRF/SCP 720 transfers information on the UPF instance that may support requested UPF service(s) to the consumer NF 730," i.e. information about the target UPF element).
Regarding claim 11, the claim limitations follow the same mapping as claim 4.
Regarding claim 12, Jeong teaches the first network element comprises a network repository function network element ([Figure 5, 530] (NRF/SCP) 530, i.e. the first network element may comprise a network repository function network element), and the data consumption network element comprises a session management function network element ([Figure 7, SMF 730] the data consumption network element comprises a SMF).
Regarding claim 13, Jeong teaches a method for determining a user plane function network element (FIG. 7 depicts operations for determining a UPF), comprising: transmitting, by a data consumption network element, a network element discovery request message to a first network element ([Figure 7, operation 701] a discovery request message transmitted to NRF/SCP 720, NRF/SCP 720 read as first network element), wherein the network element discovery request message comprises first information ([0080] describes "the consumer NF 730 transmits a UPF discovery request message including UPF service(s) and slide information to the NRF/SCP 720," i.e. the discovery request message comprised first information to be used to determine a target UPF), wherein the first information is used to determine a target user plane function network element that matches the first information ([Figure 7, operation 702] the first information is used to determine a target UPF, see [0083]); and the first information comprises target data type identification information, used to indicate a data type of interest to the data consumption network element ([0063] referring to the discovery request in operation 701 (also FIG. 6 operation 601) "if the consumer NF 630 has the information when making the request, the corresponding request message may additionally include an identifier of a UPF set and an identifier of a UPF service set," i.e. the ability to include identification information used to indicate a data/session type of interest required by the SMF 730); and obtaining, by the data consumption network element, a network element discovery response message fed back by the first network element ([Figure 7, operation 703] and [0084] "NRF/SCP 720 transmits a UPF discovery response message including a list of NF profiles to the consumer NF 730," i.e. a discovery response message transmitted to the first network element (SMF 730) including a target UPF).
Regarding claim 14, the claim limitations follow the same mapping as claim 9.
Regarding claim 15, the claim limitations follow the same mapping as claim 10.
Regarding claim 16, the claim limitations follow the same mapping as claim 12.
Regarding claim 17, Jeong teaches when the data consumption network element comprises the session management function network element and the first network element comprises the network repository function network element (referring to FIG. 7, the data consumption network element comprises SMF 730 and the first network element comprises NRF/SCP 720), the method further comprises: receiving, by the data consumption network element, a network element information obtaining request transmitted by a second network element, wherein the network element information obtaining request comprises third information; and the third information is used to determine a user plane function network element that matches the third information; and transmitting, by the data consumption network element, a network element information obtaining response to the second network element, wherein the network element information obtaining response comprises information about the target user plane function network element ([0086] describes "steps 704 and 705 may be described for one UPF instance and may be repeatedly performed if a plurality of UPF instances is needed," i.e. the process may be performed for a plurality of UPF depending on the SMF 730 needs, also the process may combine UPFs depending on the SMF 730 needs, " NRF/SCP 720 discovers a combination of UPFs" see [0083]. Furthermore, [0064] describes "although FIG. 5 illustrates the process of registering two UPF instances for convenience of description, the process may expand to two or more UPFs according to various embodiments," i.e. the process and elements described above may be looped to include registering multiple UPFs, which would comprise a second network element if each UPF had its own NRF/SCP, comprising of a third information type to obtain various network element information responses comprising a plurality of UPF such as a UPF list, see FIG. 7 operation 703 for UPF list, i.e. a plurality of target UPF elements); and the third information comprises at least one of the following: information about a first target area, used to indicate an area of interest to the second network element; first target data type identification information, used to indicate a data type of interest to the second network element; information about a first target DNN; information about a first target slice; information about a first target SMF area; IP address information of first target UE; fifth indication information, wherein the fifth indication information is used to indicate that the second network element requires a user plane function network element supporting an event exposure service; or sixth indication information, wherein the sixth indication information is used to indicate that the second network element requires a user plane function network element supporting an ATSSS service ([0065] describes "the NF (UPF) profile may include information on a connection relationship with another UFP instance to which the first UPF (UPF-1) instance 510 is connected to process traffic, that is, peer information," i.e. the third information may include information about “first target data type identification information, used to indicate a data type of interest to the second network element”, data type of interest to the second network element read as peer information. Furthermore, [0115] describes “a Data Network Name (DNN) or a slice to be a target may be specified,” i.e. a target DNN may be specified).
Regarding claim 18, Jeong teaches a network side device, comprising a processor and a memory, wherein the memory stores a program or an instruction that can be run by the processor, and when the program or the instruction is executed by the processor, the method for determining a user plane function network element according to claim 1 is implemented ([0052] – [0055] referring to FIG. 2, "the network entity according to various embodiments may include a communication unit 210, a storage unit 220, and a controller 230 for controlling the overall operation of the network entity 200" and “the controller 230 may include a circuit, an application-specific circuit, at least one processor,” i.e. a processor and memory designed to store a program or instruction that can be executed by the processor to execute the operations described in claim 1, see [0128]).
Regarding claim 19, Jeong teaches a readable storage medium, wherein the readable storage medium stores a program or an instruction, and when the program or the instruction is executed by a processor, the method for determining a user plane function network element according to claim 1 is implemented ([0128] describes "computer-readable storage medium may be configured for execution by one or more processors within the electronic device. The at least one program may include instructions that cause the electronic device to perform the methods according to various embodiments of the disclosure as defined by the appended claims and/or disclosed herein," i.e. readable storage medium to perform the operations described in claim 1. Also see FIG. 2 and [0052] - [0055]).
References Cited
Jeong, Sangsoo et al. (2021). Apparatus and method for processing traffic of service in wireless communication system (US 2021/0068172 A1). Filed 2020-08-25.
Other Pertinent References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zong, Zaifeng et al. (2021). Policy management method and apparatus (US 2021/0385723 A1). Filed 2021-08-19. Discloses a method including receiving a plurality of information regarding UPF network elements or branching points. (abstract)
Chong, Weiwei et al. (2022). User plane data obtaining method, apparatus, and storage medium (US 2022/0150685 A1). Filed 2022-01-26. Discloses a user plane data obtaining method. (abstract)
Kim, Hyesung et al. (2025). Method and apparatus for supporting packet processing in network congestion situation (US 2025/0113243 A1). Filed 2023-01-26. (Priority 2022-01-27). Discloses a method for supporting a higher data transmission rate in 5G or 6G, which includes selecting a UPF that supports a processing function. (abstract)
Dodd-Noble, Aeneas Sean et al. (2020). Selecting a user plane function (upf) for layer 2 networks (US 2020/0228605 A1). Filed 2019-04-19. Discloses a method that includes a network function (NF) entity in a communication network that receives User Plane Function (UPF) registration information for a plurality of UPFs. (abstract)
Li, Hancheng et al. (2021). Communication method and apparatus (US 2021/0092792 A1). Filed 2020-12-03. Discloses a session management function (SMF) network element that obtains information identifying a data stream in association with a UPF. (abstract and [0009])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES DWYER whose telephone number is (571)272-5121. The examiner can normally be reached M-F 6 a.m. - 3 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW JAMES DWYER/Examiner, Art Unit 2649
/JOSHUA L SCHWARTZ/Primary Patent Examiner, Art Unit 2649