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 action is in response to the claims filed on 10/4/2024. Claims 1-20 are pending and have been considered below.
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.
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Claims 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-20 of U.S. Patent No. 12,150,043. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are broader than above mentioned patent claims and therefore present claims 15-20 are anticipated by claims 15-20 of the patent. For instance, present claim 15 that is a method claims that is anticipated by apparatus claim 15 of the US patent 12,150,043.
U.S. Patent 12,150,043 claims
Present application claims
15. An access and mobility management function (AMF) servicing a first public land mobile network (PLMN) of a first non-terrestrial network (NTN), the AMF comprising: a network port; and a processor coupled to the network port, wherein the AMF is configured to:
receive a NAS request message from a user equipment (UE), wherein the NAS request message includes location information of the UE;
transmit a request message to a core network of the first NTN ;and transmit a NAS response message to the UE, wherein the NAS response message includes a reject cause that indicates that the UE is not allowed to access the first PLMN via the first NTN.
16. The AMF of claim 15, wherein the location information comprises an identifier of a first terrestrial network registered with the UE, wherein the first terrestrial network is associated with a first country, wherein the request message includes the location information, wherein the AMF is further configured to: receive a response message from the core network.
17. The AMF of claim 15, wherein the NAS response message specifies that access to the first NTN is not allowed in a country specified by the location information.
18. The AMF of claim 15, wherein the NAS response message specifies that the location information specifies a location that is not within a first country associated with the first NTN, and wherein the NAS response message further specifies a mobile country code (MCC) of a second country for which the UE is eligible for NTN access.
19. The AMF of claim 15, wherein the NAS response message indicates a first mobile country code (MCC) of a first country associated with the first NTN and indicates that the UE is not located within the first country.
20. The AMF of claim 15, wherein the NAS request message comprises: an initial registration, a mobility registration update, or a service request, and wherein the NAS response message comprises: a deregistration request message, a service rejection message, or a registration rejection message.
15. A method, comprising, at an access and mobility management function (AMF) servicing a first public land mobile network (PLMN) of a first non-terrestrial network (NTN):
receive a NAS request message from a user equipment (UE), wherein the NAS request message includes location information of the UE;
transmit a request message to a core network of the first NTN; and transmit a NAS response message to the UE, wherein the NAS response message includes a reject cause that indicates that the UE is not allowed to access the first PLMN via the first NTN.
16. The method of claim 15, wherein the location information comprises an identifier of a first terrestrial network registered with the UE, wherein the first terrestrial network is associated with a first country, wherein the request message includes the location information, the method further comprising: receive a response message from the core network.
17. The method of claim 15, wherein the NAS response message specifies that access to the first NTN is not allowed in a country specified by the location information.
18. The method of claim 15, wherein the NAS response message specifies that the location information specifies a location that is not within a first country associated with the first NTN; and wherein the NAS response message further specifies a mobile country code (MCC) of a second country for which the UE is eligible for NTN access.
19. The method of claim 15, wherein the NAS response message indicates a first mobile country code (MCC) of a first country associated with the first NTN and indicates that the UE is not located within the first country.
20. The method of claim 15, wherein the NAS request message comprises: an initial registration, a mobility registration update, or a service request, and wherein the NAS response message comprises: a deregistration request message, a service rejection message, or a registration rejection message.
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)(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) 1,2,4-6,9,10,12,13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. (US 2023/0164685).
Regarding claim 1:
Wu discloses a system and method, comprising, at an access and mobility management function (AMF) servicing a first public land mobile network (PLMN) of a first non-terrestrial network (NTN) (see figures; abstract):
receiving, from a user equipment (UE), a first non-access stratum (NAS) request (para 44, partially reproduced herein with emphasis {the AMF entity may receive NAS signaling … the NAS signaling is sent by the terminal device ..}; fig 1; para 109; figs 4-6); and
transmitting, to the UE, a NAS response message rejecting the request, wherein the NAS response message includes a reject cause that indicates that the UE is not allowed to access the first PLMN via the first NTN (fig 10, 14,1617; para 163; para 164 {RRC release message may carry at least either of the following information: a release cause}; para 169 {message may carry a reject cause}; para 235,238; figures 8-17; para 251 {whether the terminal device is allowed to access the first PLMN. If the terminal device is not allowed to access the first PLMN…}; figs 15-17; and see throughout the disclosure).
Regarding claim 9:
Wu discloses all of the subject matter as described above for claim 1 and further discloses an access and mobility management function (AMF) (figure 1; figure 18-19) comprising: a network port (fig 18 [transceiver as network port]; fig 19); and a processor coupled to the network port (fig 18,19; para 275; para 295 [apparatus may be the AMF entity]; figs; and throughout the disclosure), to perform functions as above in claim 1, thus claim 9 is rejected with similar rationale under the teachings of prior art at above.
Regarding claims 2,10:
Wu discloses all of the subject matter as described above and wherein the reject cause is based in part on a location of the UE (para 63; para 184-185; and see throughout the disclosure).
Regarding claims 4, 12:
Wu discloses all of the subject matter as described above and wherein the NAS response message further indicates that access to the first NTN is not allowed in a country in which the UE is located (para 14 [ location information is inconsistent with the country information corresponding to the first PLMN, the access network device determines that the terminal device is not allowed to access the first PLMN]; para 48,159; para 177,214,251; figures; and throughout).
Regarding claims 5,13:
Wu discloses all of the subject matter as described above and wherein the NAS response message further indicates that a location of the UE is not within a first country of the first NTN (para 14 [the location information is inconsistent with the country]; para 16 [location information is different from a country]; see throughout disclosure).
Regarding claim 6:
Wu discloses all of the subject matter as described above and wherein the NAS request is one of: an initial registration, a mobility registration update, or a service request ([note: optional claim language]; see Wu, para 149 [setup request]; figures; and see throughout disclosure).
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) 7,8,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2023/0164685) in view of Edge (US 2022/0094430).
Regarding claim 7:
Wu discloses all of the subject matter as described above except for specifically teaching that wherein the NAS response message is a deregistration request message.
However, Edge in the same field of endeavor discloses a system and method for data communication wherein the NAS response message is a deregistration request message (para 99 {reject the NAS request … to deregister the UE}; para 118 {NAS reject response to UE 105 and/or deregister the UE}; figures; and throughout).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Edge in WU in order to provide access the network and verify, reliable and accurate location determination (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Regarding claim 8:
Wu discloses all of the subject matter as described above except for specifically teaching that the NAS response message is a service rejection message, or a registration rejection message.
However, Edge in the same field of endeavor discloses a system and method for data communication wherein that the NAS response message is a service rejection message, or a registration rejection message (para 118 [NAS Registration Request or the NAS Service Request… NAS reject response]; figures; and throughout).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Edge in WU in order to provide access the network and verify, reliable and accurate location determination (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Regarding claim 14:
Wu discloses all of the subject matter as described above wherein the NAS request is one of: an initial registration, a mobility registration update, or a service request (([note: optional claim language]; see Wu, para 149 [setup request]; figures; and see throughout disclosure)); except for specifically teaching that wherein the NAS response message is one of: a deregistration request message, a service rejection message, or a registration rejection message.
However, Edge in the same field of endeavor discloses a system and method for data communication wherein the NAS response message is one of: a deregistration request message, a service rejection message, or a registration rejection message (para 99; para 118 [NAS Registration Request or the NAS Service Request … NAS reject response]; figures; and throughout disclosure).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Edge in WU in order to provide access the network and verify, reliable and accurate location determination (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Claim(s) 15-17,19,20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edge (US 2022/0094430) in view of Wu et al. (US 2023/0164685).
Regarding claim 15:
Edge discloses a system and method comprising, at an access and mobility management function (AMF) servicing a first public land mobile network (PLMN) of a first non-terrestrial network (NTN) (see figures; abstract):
receive a NAS request message from a user equipment (UE), wherein the NAS request message includes location information of the UE (para 98 {..initial Non-Access Stratum (NAS) message to the 5GCN… from a UE 105 for initial PLMN connection}; see fig 7 [step 13 and step 16 to AMF, location & NAS service request]; para 41,56; figs 8; para 118);
transmit a request message to a core network of the first NTN (para 98 { request from a UE 105 to connect to a 5GCN 110 and transmit an initial Non-Access Stratum (NAS) message to the 5GCN }; figs 1-3 [AMF with the 5GCN]; para 100 { procedure for access to a PLMN (e.g. a 5GCN }); and
transmit a NAS response message to the UE, wherein the NAS response message indicates that the UE is not allowed to access the PLMN via the first NTN (fig 8 [stage 12]; para 99 {…PLMN, the gNB 106/202/307 may reject the NAS request..}; fig 7; para 118 {…a NAS reject response to UE}; para 131; and see throughout the disclosure).
Edge discloses all of the subject matter as described above except for specifically teaching that NAS response message includes a reject cause.
However, WU in the same field of endeavor discloses a system and method for data communication wherein NAS response message includes a reject cause (fig 10, 14,16-17; para 163; para 164 {RRC release message may carry at least either of the following information: a release cause} [release cause is equivalent to reject cause]; para 169 {message may carry a reject cause}; para 235,238; figures 8-17; para 251 {whether the terminal device is allowed to access the first PLMN. If the terminal device is not allowed to access the first PLMN…}; figs 15-17; and see throughout disclosure).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of WU in Edge in order to provide an access control to resolve communication failures occurring in an NTN when a PLMN selected by a terminal device may not be a PLMN of a country in which the terminal device is located (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Regarding claim 16:
Edge discloses all of the subject matter as described above and wherein the location information comprises an identifier of a first terrestrial network registered with the UE, wherein the first terrestrial network is associated with a first country (fig 7-8; para 88 {.. a PLMN ID comprises a Mobile Country Code (MCC) ..for each supported PLMN,… NGEO SV, the supported PLMNs and TAs}; para 113 {re-register in the selected PLMN or a NAS Service Request message if the UE 105 was already registered with the selected PLMN at stage 1. The UE 105 also includes the DL location measurement}); wherein the request message includes the location information, the method further comprising: receive a response message from the core network (fig 8; para 113; para 131 {stage 11 …gNB .. send an NGAP UE Context Release Request message to the 5GCN,}, thus at stage 11 the message is to AMF and inherently to 5GCN, and stage 12 the message is for 5GCN; and see throughout).
Regarding claim 17:
Edge discloses all of the subject matter as described above and wherein the NAS response message specifies that access to the first NTN is not allowed in a country specified by the location information (para 181-182 {UE is not located in the country associated with the serving PLMN}; see para 199; figs; and throughout).
Regarding claim 19:
Edge discloses all of the subject matter as described above and wherein the NAS response message indicates a first mobile country code (MCC) of a first country associated with the first NTN and indicates that the UE is not located within the first country (para 117 {does not match the country for the selected PLMN, ..message may indicate the country (e.g. using an MCC) that the UE 105 is located in}; throughout).
Regarding claim 20:
Edge discloses all of the subject matter as described above and wherein the NAS request message comprises: an initial registration procedure, a mobility registration update procedure, or a service request procedure (para 118 { include the NAS Registration Request or the NAS Service Request}; para 121; fig 7-8), and
wherein the NAS response message comprises: a deregistration request message, a service rejection message, or a registration rejection message (para 132 {a NAS Deregistration Request message}; para 118 {a NAS reject response}; para 143,157; and see throughout the disclosure).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edge (US 2022/0094430) in view of Wu et al. (US 2023/0164685) as above, and further in view of Lin et al. (US 2022/0150812).
Regarding claim 18:
Edge discloses all of the subject matter as described above except for specifically teaching that wherein the NAS response message specifies that the location information specifies a location that is not within a first country associated with the first NTN, and wherein the NAS response message further specifies a mobile country code (MCC) of a second country for which the UE is eligible for NTN access.
However, Lin in the same field of endeavor discloses a system and method for data communication where wherein the NAS response message specifies that the location information specifies a location that is not within a first country associated with the first NTN, and wherein the NAS response message further specifies a mobile country code (MCC) of a second country for which the UE is eligible for NTN access (para 54; para 58-60 [NAS reject, MCC info or list]; and see throughout).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Lin in Edge in order to control validity of network recommended MCC with a timer allowing the UE to obtain service earlier [9] (KSR: Combining Prior Art Elements According to Known Methods To Yield Predictable Results).
Allowable Subject Matter
Claims 3, 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIRDEPAL SINGH whose telephone number is (571)270-1688. The examiner can normally be reached 8:00-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached on (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIRDEPAL SINGH/Primary Examiner, Art Unit 2631
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