DETAILED ACTION
This communication is responsive to Application No. 18929915 filed on October 29th, 2024. Claims 1 – 16 are subject to examination.
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 .
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.
Claims 1, 5, 6, 7, 8, 9, 13, 14, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20230217310 A1) (Zhang hereafter) in view of Huang-Fu (Huang-Fu hereafter) (US 20210105858 A1) (Huang-Fu hereafter).
Regarding claim 1, Zhang teaches
A method for a communication that supports Access Traffic Steering, Switching and Splitting (ATSSS) via a multi-access (MA)-packet data unit (PDU) session, the method performed by a wireless device and comprising:
transmitting a message in the MA-PDU session through the non-3GPP access, the message including supplementary information relating to a communication status between the wireless device and the 3GPP access. (Zhang: [0082] … In some cases, UE 115 -a may implement a network availability monitoring procedure while operating in accordance with a dual network mode (e.g., an ATSSS mode)...[0083] Examples of a type of access may include cellular access (e.g., 3GPP access, LTE, LTE-A, LTE-A Pro, NR), non-cellular access (e.g., non-3GPP access, Wi-Fi, wireline), or a combination thereof...[0102] If one or more of the algorithms predicts that one of the networks may become unavailable (e.g., in the future), UE 115 -a may be configured to signal to one or both base station 105 -a and access node 205, an indication of the unavailable network)
establishing an MA-PDU session over the 3GPP access and the non-3GPP access; (Zhang: [0106] …An MA-PDU Session may be established between a UE and network for ATSSS which can exchange PDUs between the UE and the network by simultaneous use of cellular and non-cellular accesses.)
Zhang fails to explicitly teach,
registering with a 3rd Generation Partnership Project (3GPP) access;
registering with a non-3GPP access;
However, Huang-Fu teaches,
registering with a 3rd Generation Partnership Project (3GPP) access;
registering with a non-3GPP access; (Huang-Fu: [0045] …In step 811, UE 801 registers with the 5GS network over 3GPP access type. In step 812, UE 801 registers with the 5GS network over non-3GPP access type) [Examiner’s note: Huang explicitly states the procedure of registering in order to handle problems caused by un-synchronization between UE and 5GS, see paragraph [0032]. Huang disclosed earlier that UE behavior is undefined on how to handle a MA PDU session when an access type is not included in the MA PDU session, see paragraph [0006]]
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to combine Zhang with Huang-Fu in order to use explicit UE behavior to address the problem of un-synchronization between UE and 5GS (Huang-Fu: [0006], [0032]).
Regarding claim 5, Zhang-Huang-Fu teaches
The method of claim 1, wherein the supplementary information includes information regarding whether the 3GPP access is unavailable. (Zhang: [0102] If one or more of the algorithms predicts that one of the networks may become unavailable (e.g., in the future), UE 115 -a may be configured to signal to one or both base station 105 -a and access node 205, an indication of the unavailable network)
Regarding claim 6, Zhang-Huang-Fu teaches
The method of claim 5, wherein the supplementary information includes information regarding an unavailable time duration during which the 3GPP access is unavailable. (Zhang: [0103] In some cases, UE 115 -a may indicate a time at which one or more of the networks is expected to become unavailable, a duration of time the one or more networks is expected to become unavailable. In some implementations, the signal may indicate additional feedback associated with one or more of the networks.)
Regarding claim 7, Zhang-Huang-Fu teaches
The method of claim 1, wherein the supplementary information includes information regarding a communication quality between the 3GPP access and the wireless device. (Zhang: [0103] In some cases, UE 115 -a may indicate a time at which one or more of the networks is expected to become unavailable, a duration of time the one or more networks is expected to become unavailable. In some implementations, the signal may indicate additional feedback associated with one or more of the networks.) [Examiner’s note: Giving the claim BRI (Broadest reasonable interpretation), the availability/unavailability of a network (which can be 3GPP because of different embodiments from the reference) can be considered a communication quality between the 3GPP access and the wireless device]
Regarding claim 8, Zhang-Huang-Fu teaches
The method of claim 7, wherein the supplementary information includes information regarding a time duration during which the wireless device expects that the communication quality with the 3GPP access is lowered. (Zhang: [0103] In some cases, UE 115 -a may indicate a time at which one or more of the networks is expected to become unavailable, a duration of time the one or more networks is expected to become unavailable. In some implementations, the signal may indicate additional feedback associated with one or more of the networks.) [Examiner’s note: Giving the claim BRI, unavailable can be considered the same as lowered. If a communication status is reported as available, but is then reported as unavailable, that is a lowered communication quality]
Regarding claim 9, Zhang teaches
A device for supporting Access Traffic Steering, Switching and Splitting (ATSSS) via a multi-access (MA)-packet data unit (PDU) session, the device comprising:
a processor; and (Zhang: [0125] In some examples, the communications manager 520…may be implemented in hardware…The hardware may include a processor)
a memory operatively coupled with the processor and configured to store instructions that, when executed by the processor, cause the device to perform functions comprising:(Zhang: [0125] In some examples, the communications manager 520…may be implemented in hardware…The hardware may include a processor…a processor and memory coupled with the processor may be configured to perform one or more of the functions described herein.)
and transmitting a message in the MA-PDU session through the non-3GPP access, the message including supplementary information relating to a communication status between the wireless device and the 3GPP access. (Zhang: [0082] … In some cases, UE 115 -a may implement a network availability monitoring procedure while operating in accordance with a dual network mode (e.g., an ATSSS mode)...[0083] Examples of a type of access may include cellular access (e.g., 3GPP access, LTE, LTE-A, LTE-A Pro, NR), non-cellular access (e.g., non-3GPP access, Wi-Fi, wireline), or a combination thereof...[0102] If one or more of the algorithms predicts that one of the networks may become unavailable (e.g., in the future), UE 115 -a may be configured to signal to one or both base station 105 -a and access node 205, an indication of the unavailable network)
establishing an MA-PDU session over the 3GPP access and the non-3GPP access; (Zhang: [0106] …An MA-PDU Session may be established between a UE and network for ATSSS which can exchange PDUs between the UE and the network by simultaneous use of cellular and non-cellular accesses.)
Zhang fails to explicitly teach
registering with a 3rd Generation Partnership Project (3GPP) access;
registering with a non-3GPP access;
However, Huang-Fu teaches
registering with a 3rd Generation Partnership Project (3GPP) access;
registering with a non-3GPP access; (Huang-Fu: [0045] …In step 811, UE 801 registers with the 5GS network over 3GPP access type. In step 812, UE 801 registers with the 5GS network over non-3GPP access type) [Examiner’s note: Huang explicitly states the procedure of registering in order to handle problems caused by un-synchronization between UE and 5GS, see paragraph [0032]. Huang said earlier that UE behavior is undefined on how to handle a MA PDU session when an access type is not included in the MA PDU session, see paragraph [0006]]
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to combine Zhang with Huang-Fu in order to use explicit UE behavior to address the problem of un-synchronization between UE and 5GS (Huang-Fu: [0006], [0032]).
Regarding claim 13, Zhang-Huang-Fu teaches
The device of claim 9, wherein the supplementary information includes information regarding whether the 3GPP access is unavailable. (Zhang: [0102] If one or more of the algorithms predicts that one of the networks may become unavailable (e.g., in the future), UE 115 -a may be configured to signal to one or both base station 105 -a and access node 205, an indication of the unavailable network)
Regarding claim 14, Zhang-Huang-Fu teaches
The device of claim 13, wherein the supplementary information includes information regarding an unavailable time duration during which the 3GPP access is unavailable. (Zhang: [0103] In some cases, UE 115 -a may indicate a time at which one or more of the networks is expected to become unavailable, a duration of time the one or more networks is expected to become unavailable. In some implementations, the signal may indicate additional feedback associated with one or more of the networks.)
Regarding claim 15, Zhang-Huang-Fu teaches
The device of claim 9, wherein the supplementary information includes information regarding a communication quality between the 3GPP access and the wireless device. (Zhang: [0103] In some cases, UE 115 -a may indicate a time at which one or more of the networks is expected to become unavailable, a duration of time the one or more networks is expected to become unavailable. In some implementations, the signal may indicate additional feedback associated with one or more of the networks.) [Examiner’s note: Giving the claim BRI (Broadest reasonable interpretation), the availability/unavailability of a network (which can be 3GPP because of different embodiments from the reference) can be considered a communication quality between the 3GPP access and the wireless device]
Regarding claim 16, Zhang-Huang-Fu teaches
The device of claim 15, wherein the supplementary information includes information regarding a time duration during which the wireless device expects that the communication quality with the 3GPP access is lowered. (Zhang: [0103] In some cases, UE 115 -a may indicate a time at which one or more of the networks is expected to become unavailable, a duration of time the one or more networks is expected to become unavailable. In some implementations, the signal may indicate additional feedback associated with one or more of the networks.) [Examiner’s note: Giving the claim BRI, unavailable can be considered the same as lowered. If a communication status is reported as available, but is then reported as unavailable, that is a lowered communication quality]
Claim(s) 2, 3, 4, 10, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang-Huang-Fu in view of Talebi et al. (WO 2023081276 A1) (Talebi hereafter).
Regarding claim 2, Zhang-Huang-Fu teaches
The method of claim 1, but fails to explicitly teach
wherein registering with the non-3GPP access includes: selecting a Non-3GPP Interworking Function (N3IWF) over the non-3GPP access;
and obtaining a secure key for the N3IWF over the 3GPP access.
However, Talebi teaches wherein registering with the non-3GPP access includes: selecting a Non-3GPP Interworking Function (N3IWF) over the non-3GPP access; (Talebi: [0202] ...As depicted in FIG. 17, the UE may access a network via the non-3GPP access of the underlay network in order to access an overlay network via non-3GPP interworking function of the overlay network… [0219] In an example as depicted in FIG. 19, the UE may connect to the underlay network using the registration procedure…to connect to an N3IWF of the overlay network, the UE may select an N3IWF)
and obtaining a secure key for the N3IWF over the 3GPP access. (Talebi: [0212] …The UE may first obtain IP connectivity by registering with the underlay network. Then the UE may obtain connectivity to the 5GC in the overlay network via an interworking function (e.g., a proxy, N3IWF, and/or the like). [0219] In an example as depicted in FIG. 19, the UE may connect to the underlay network using the registration procedure. [0223] In an example, the N3IWF may select an AMF… The AMF may select an AUSF based on the SUPI or SUCI. In an example, the AUSF may execute the authentication of the UE…In an example, upon successful authentication: the AUSF may send the anchor key (SEAF key) to AMF which may be used by AMF to derive NAS security keys and a security key for N3IWF (N3IWF key)) [Examiner’s note: The 5GC in the overlay network means that the overlay network has 3GPP access we can gain access to with the N3IWF]
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to modify the teachings of Zhang and Huang-Fu to include the above cited limitations as taught by Talebi in order to provide additional security to protect data flows between a UE and a base station (Talebi: [0213]).
Regarding claim 3, Zhang-Huang-Fu-Talebi teaches
The method of claim 2, wherein the message is encapsulated based on the secure key (Talebi: [0223] …In an example, the AUSF may execute the authentication of the UE…The authentication packets may be encapsulated within NAS authentication messages and the NAS authentication messages are encapsulated within EAP/5G-NAS packets, see paragraph [0223])
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to modify the teachings of Zhang and Huang-Fu to include the above cited limitations as taught by Talebi in order to enhance the claimed invention by providing additional security to protect data flows between a UE and a base station (Talebi: [0213]).
Regarding claim 4, Zhang-Huang-Fu-Talebi teaches
The method of claim 2, wherein establishing the MA-PDU session over the 3GPP access and the non-3GPP access includes:
the ATSSS rule including a steering mode indicating that the non-3GPP access is to be used for transmission of the supplementary information. (Zhang: [0085] In some cases, methods for determining an ATSSS mode may be prompted based on a network becoming unavailable. For example, if UE 115 -a is receiving traffic split between base station 105 -a and access node 205, and then UE 115 -a leaves geographic coverage area 110 -b of access node 205, UE 115-a may then switch to have the traffic fully serviced by base station 105 -a, see paragraph [0085] and Fig 2) [Examiner’s note: Zhang outlines behavior here matching the ATSSS rule. If a network becomes unavailable (whether it’s 3GPP or non-3GPP), then the UE will become aware of this via a message containing the supplementary information of a communication status between the UE and a network (3GPP or non-3GPP) and will decide to only have traffic fully serviced by an available network]
Transmitting a PDU session establishment request message including a request type set to “MA-PDU request”, (Huang-Fu: [0045] …In step 821, UE 801 initiates a PDU session establishment procedure by sending an UL NAS Transport message including a PDU SESSION ESTABLISHMENT REQUEST message over either access type, to establish an MA PDU session with a request type IE set to “MA PDU request”, see Fig 8)
and receiving a PDU session establishment accept message in response to the PDU session establishment request message, the PDU session establishment accept message including a ATSSS rule, (Huang-Fu: [0045] …In step 822, UE 801 receives a DL NAS Transport message including a PDU SESSION ESTABLISHMENT ACCEPT message from the 5GS network over a corresponding access type, which carries Access Traffic Steering Switching and Splitting (ATSSS) rule…The ATSSS rules provide parameters for traffic steering, switching, and splitting functionalities between the 3GPP and non-3GPP access.)
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to combine Zhang with Huang-Fu in order to use explicit UE behavior to address the problem of un-synchronization between UE and 5GS (Huang-Fu: [0006], [0032]).
Regarding claim 10, Zhang-Huang-Fu teaches
The device of claim 9, but fails to explicitly teach
wherein registering with the non-3GPP access includes: selecting a Non-3GPP Interworking Function (N3IWF) over the non-3GPP access;
and obtaining a secure key for the N3IWF over the 3GPP access.
However, Talebi teaches wherein registering with the non-3GPP access includes: selecting a Non-3GPP Interworking Function (N3IWF) over the non-3GPP access; (Talebi: [0202] ...As depicted in FIG. 17, the UE may access a network via the non-3GPP access of the underlay network in order to access an overlay network via non-3GPP interworking function of the overlay network… [0219] In an example as depicted in FIG. 19, the UE may connect to the underlay network using the registration procedure…to connect to an N3IWF of the overlay network, the UE may select an N3IWF)
and obtaining a secure key for the N3IWF over the 3GPP access. (Talebi: [0212] …The UE may first obtain IP connectivity by registering with the underlay network. Then the UE may obtain connectivity to the 5GC in the overlay network via an interworking function (e.g., a proxy, N3IWF, and/or the like). [0219] In an example as depicted in FIG. 19, the UE may connect to the underlay network using the registration procedure. [0223] In an example, the N3IWF may select an AMF… The AMF may select an AUSF based on the SUPI or SUCI. In an example, the AUSF may execute the authentication of the UE…In an example, upon successful authentication: the AUSF may send the anchor key (SEAF key) to AMF which may be used by AMF to derive NAS security keys and a security key for N3IWF (N3IWF key)) [Examiner’s note: The 5GC in the overlay network means that the overlay network has 3GPP access we can gain access to with the N3IWF]
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to modify the teachings of Zhang and Huang-Fu to include the above cited limitations as taught by Talebi in order to enhance the claimed invention by providing additional security to protect data flows between a UE and a base station (Talebi: [0213]).
Regarding claim 11, Zhang-Huang-Fu-Talebi teaches
The device of claim 10, wherein the message is encapsulated based on the secure key (Talebi: [0223] …In an example, the AUSF may execute the authentication of the UE…The authentication packets may be encapsulated within NAS authentication messages and the NAS authentication messages are encapsulated within EAP/5G-NAS packets, see paragraph [0223])
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to modify the teachings of Zhang and Huang-Fu to include the above cited limitations as taught by Talebi in order to enhance the claimed invention by providing additional security to protect data flows between a UE and a base station (Talebi: [0213]).
Regarding claim 12, Zhang-Huang-Fu-Talebi teaches
The device of claim 10, wherein establishing the MA-PDU session over the 3GPP access and the non-3GPP access includes:
the ATSSS rule including a steering mode indicating that the non-3GPP access is to be used for transmission of the supplementary information. (Zhang: [0085] In some cases, methods for determining an ATSSS mode may be prompted based on a network becoming unavailable. For example, if UE 115 -a is receiving traffic split between base station 105 -a and access node 205, and then UE 115 -a leaves geographic coverage area 110 -b of access node 205, UE 115-a may then switch to have the traffic fully serviced by base station 105 -a, see paragraph [0085] and Fig 2) [Examiner’s note: Zhang outlines behavior here matching the ATSSS rule. If a network becomes unavailable (whether it’s 3GPP or non-3GPP), then the UE will become aware of this via a message containing the supplementary information of a communication status between the UE and a network (3GPP or non-3GPP) and will decide to only have traffic fully serviced by an available network]
Transmitting a PDU session establishment request message including a request type set to “MA-PDU request”, (Huang-Fu: [0045] …In step 821, UE 801 initiates a PDU session establishment procedure by sending an UL NAS Transport message including a PDU SESSION ESTABLISHMENT REQUEST message over either access type, to establish an MA PDU session with a request type IE set to “MA PDU request”, see Fig 8)
and receiving a PDU session establishment accept message in response to the PDU session establishment request message, the PDU session establishment accept message including a ATSSS rule, (Huang-Fu: [0045] …In step 822, UE 801 receives a DL NAS Transport message including a PDU SESSION ESTABLISHMENT ACCEPT message from the 5GS network over a corresponding access type, which carries Access Traffic Steering Switching and Splitting (ATSSS) rule…The ATSSS rules provide parameters for traffic steering, switching, and splitting functionalities between the 3GPP and non-3GPP access.)
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to combine Zhang with Huang-Fu in order to use explicit UE behavior to address the problem of un-synchronization between UE and 5GS (Huang-Fu: [0006], [0032]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUDY C FUENTES whose telephone number is (571)270-0912. The examiner can normally be reached Mon-Fri, 8:00am - 5pm.
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/R.C.F./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416