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 .
1.This action is responsive to the requirement for Election/Restriction filed on May 07, 2026. In response to the Restriction Requirement, the Applicant elects, without traverse, Group I, claims 1-6 and 10-16. Therefore, claims 1-6 and 10-16 are pending and addressed below.
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.
Examiner’s Note
Applicant is now urged to cancelled the non-elected claims in subsequent correspondence.
Double Patenting
2. 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 obviousness-type 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 Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1 ,2, 3, 5, 10,11-12, 14 and 16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 8-9 and 12-13 of US Patent number US 12160744 B2. The conflicting claims are not identical, they are not patentably distinct from each other because the current application contains claims that are similar in scope than the claims of the patent number US 12160744 B2 and are anticipated by the claims 1, 8-9 and 12-13.
This is a Non-provisional double patenting rejection.
Claims Comparison Table
Application Number 18/937,228
Patent Number US 12160744 B2
1. A method implemented by a user equipment (UE) or a chip in the UE, the method comprising: sending user plane integrity protection information of the UE to a network device, wherein the user plane integrity protection information indicates that the UE supports user plane integrity protection; receiving first information from the network device in response to the user plane integrity protection information, wherein the first information indicates to the UE to enable the user plane integrity protection; and enabling, in response to the first information, the user plane integrity protection according to a user plane integrity protection algorithm.
1. A method comprising: sending, by a user equipment (UE), a non-access stratum (NAS) message to a mobility management entity (MME), wherein the NAS message comprises user plane integrity protection information of the UE and enables the MME to send an initial context request message comprising the user plane integrity protection information to a first base station, wherein the user plane integrity protection information indicates whether the UE supports user plane integrity protection; receiving, by the UE, first information from the first base station, wherein the first information indicates the UE to enable the user plane integrity protection; and enabling the user plane integrity protection according to a preset integrity protection algorithm when the UE supports the user plane integrity protection.
2. The method according to claim 1, wherein sending the user plane integrity protection information to the network device comprises sending the user plane integrity protection information to the network device via a mobility management entity.
1. A method comprising: sending, by a user equipment (UE), a non-access stratum (NAS) message to a mobility management entity (MME), wherein the NAS message comprises user plane integrity protection information of the UE and enables the MME to send an initial context request message comprising the user plane integrity protection information to a first base station, wherein the user plane integrity protection information indicates whether the UE supports user plane integrity protection; receiving, by the UE, first information from the first base station, wherein the first information indicates the UE to enable the user plane integrity protection; and enabling the user plane integrity protection according to a preset integrity protection algorithm when the UE supports the user plane integrity protection.
3. The method according to claim 2, wherein sending the user plane integrity protection information to the network device via the mobility management entity comprises sending a non-access stratum message to the mobility management entity, and wherein the non-access stratum message comprises the user plane integrity protection information.
9. An apparatus comprising: a transmitter configured to send a non-access stratum (NAS) message to a mobility management entity (MME), wherein the NAS message comprises user plane integrity protection information of a user equipment (UE) and enables the MME to send an initial context request message comprising the user plane integrity protection information to a first base station, wherein the user plane integrity protection information indicates whether the UE supports user plane integrity protection; a receiver configured to receive first information from the first base station, wherein the first information indicates the UE to enable the user plane integrity protection; and a processor coupled to the transmitter and the receiver, wherein the process is configured to enable the user plane integrity protection according to a preset integrity protection algorithm when the UE supports the user plane integrity protection.
5. The method according to claim 1, wherein receiving the first information from the network device comprises receiving a radio resource control connection reconfiguration message from the network device, and wherein the radio resource control connection reconfiguration message comprises the first information.
8. The method of claim 7, wherein receiving the first information from the first base station further comprises receiving, from the third base station, a Radio Resource Control (RRC) connection reconfiguration message comprising the first information after the third base station receives a handover response message from the first base station, and wherein the handover response message comprises the first information.
10. An apparatus comprising: a memory configured to store instructions; and a processor coupled to the memory and configured to execute the instructions to cause the apparatus to: send user plane integrity protection information of the apparatus to a network device, wherein the user plane integrity protection information indicates that the apparatus supports user plane integrity protection; receive first information from the network device in response to the user plane integrity protection information, wherein the first information indicates to the apparatus to enable the user plane integrity protection; and enable, in response to the first information, the user plane integrity protection according to a user plane integrity protection algorithm.
9. An apparatus comprising: a transmitter configured to send a non-access stratum (NAS) message to a mobility management entity (MME), wherein the NAS message comprises user plane integrity protection information of a user equipment (UE) and enables the MME to send an initial context request message comprising the user plane integrity protection information to a first base station, wherein the user plane integrity protection information indicates whether the UE supports user plane integrity protection; a receiver configured to receive first information from the first base station, wherein the first information indicates the UE to enable the user plane integrity protection; and a processor coupled to the transmitter and the receiver, wherein the process is configured to enable the user plane integrity protection according to a preset integrity protection algorithm when the UE supports the user plane integrity protection.
11. The apparatus according to claim 10, wherein the processor is further configured to execute the instructions to cause the apparatus to send the user plane integrity protection information to the network device by sending the user plane integrity protection information to the network device via a mobility management entity.
9. An apparatus comprising: a transmitter configured to send a non-access stratum (NAS) message to a mobility management entity (MME), wherein the NAS message comprises user plane integrity protection information of a user equipment (UE) and enables the MME to send an initial context request message comprising the user plane integrity protection information to a first base station, wherein the user plane integrity protection information indicates whether the UE supports user plane integrity protection; a receiver configured to receive first information from the first base station, wherein the first information indicates the UE to enable the user plane integrity protection; and a processor coupled to the transmitter and the receiver, wherein the process is configured to enable the user plane integrity protection according to a preset integrity protection algorithm when the UE supports the user plane integrity protection.
12. The apparatus according to claim 11, wherein the processor is further configured to execute the instructions to cause the apparatus to send the user plane integrity protection information to the network device via the mobility management entity by sending a non-access stratum message to the mobility management entity, wherein the non-access stratum message comprises the user plane integrity protection information.
9. An apparatus comprising: a transmitter configured to send a non-access stratum (NAS) message to a mobility management entity (MME), wherein the NAS message comprises user plane integrity protection information of a user equipment (UE) and enables the MME to send an initial context request message comprising the user plane integrity protection information to a first base station, wherein the user plane integrity protection information indicates whether the UE supports user plane integrity protection; a receiver configured to receive first information from the first base station, wherein the first information indicates the UE to enable the user plane integrity protection; and a processor coupled to the transmitter and the receiver, wherein the process is configured to enable the user plane integrity protection according to a preset integrity protection algorithm when the UE supports the user plane integrity protection.
14. The apparatus according to claim 10, wherein the processor is further configured to execute the instructions to cause the apparatus to receive a radio resource control connection reconfiguration message from the network device, and wherein the radio resource control connection reconfiguration message comprises the first information.
12. The apparatus of claim 9, wherein the receiver is further configured to receive, from the first base station, a Radio Resource Control (RRC) connection reconfiguration message after the processor enables the user plane integrity protection according to the preset integrity protection algorithm, wherein the RRC connection reconfiguration message comprises first indication information indicating the UE to not enable the user plane integrity protection, and wherein the processor is further configured to disable the user plane integrity protection based on the first indication information.
16. The apparatus according to claim 10, wherein the apparatus is a user equipment (UE) or a chip in the UE.
13. The apparatus of claim 9, wherein the processor is further configured to: negotiate between the first base station and the UE; and enable, when both the first base station and the UE support user plane integrity protection, the UE user plane integrity protection according to a same user plane integrity protection algorithm based on the first information.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 10-16 are rejected under 35 U.S.C 102 (a)(2) as being anticipated over WIFVESSON, US 20190394651 A1.
1. WIFVESSON discloses a method implemented by a user equipment (UE) or a chip in the UE, (See WIFVESSON, abstract, A method (200) for operating a User Equipment (UE) is disclosed, the UE configured to connect to a communication network. The method comprises: indicating to the communication network an Integrity Protection for User Plane (IPUP) mode supported by the UE when requesting registration with the communication network (202).) the method comprising: sending user plane integrity protection information of the UE to a network device, (See WIFVESSON, [0031], the method comprises indicating to the communication network an Integrity Protection for User Plane, IPUP, mode supported by the UE when requesting registration with the communication network. The IPUP mode comprises one of: use of Integrity Protection for User Plane data exchanged with the UE, non-use of Integrity Protection for User Plane data exchanged with the UE, or use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data. [0033] The method may further comprise receiving from the communication network an indication of an IPUP mode that shall be used by the communication network for the UE. The indication may apply to at least one of all data exchanged with the communication network, or data exchanged with a specific slice or plurality of slices of the communication network.) wherein the user plane integrity protection information indicates that the UE supports user plane integrity protection; (See WIFVESSON, [0297] 4: AMF indicates to RAN whether UP should be (or must not be) integrity protected between the UE and the RAN. The AMF also indicates the UE 5G security capabilities which includes supported integrity algorithms. [0298] The AMF may also indicate to RAN the UE capability for the maximum data rate for integrity protection of UP. For example, if the UE indicates 64 kbps as its maximum data rate, the network is assumed to turn the UP integrity on only for data rates equal or lower than 64 kbps. Higher data rates would not use UP integrity. [0299] The RAN base station may respond to the AMF with an indication that it will enable UP integrity protection if that is the indication received from the AMF.)
receiving first information from the network device in response to the user plane integrity protection information, wherein the first information indicates to the UE to enable the user plane integrity protection; (See [0138] According to examples of the present disclosure, the IPUP mode “use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data” may enable a UE to specify that if Integrity Protection for UP data is turned on then Confidentiality protection for UP data may be turned off. Some very small UEs, including for example those related to devices in an Internet of Things deployment, may have very limited access to power sources, and in order to extend battery lifetime, it may be useful for the UE to be able to turn off encryption relating to Confidentiality protection if the UE knows that encryption relating to Integrity Protection will be applied at an upper protocol layer. [0174] If the IPUP mode indicated to the secondary radio access node involves use of Integrity Protection for User Plane Data, (that is modes “use of Integrity Protection for User Plane data exchanged with the UE” or “use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data”), the indication of an IPUP mode to be used by the communication network for the UE may comprise a list of supported algorithms for Integrity Protection of UP data. In some examples, the list of supported algorithms for IPUP may be identical to the list for Integrity Protection of Control Plane data, and not indicated separately. In further examples, the list may comprise a single identified integrity algorithm. [0175] In step 604, the method may further comprise checking for receipt from the secondary radio access node of an indication that the secondary radio access node will enable the IPUP mode to be used by the communication network for the UE. [0297] 4: AMF indicates to RAN whether UP should be (or must not be) integrity protected between the UE and the RAN. The AMF also indicates the UE 5G security capabilities which includes supported integrity algorithms. [0298] The AMF may also indicate to RAN the UE capability for the maximum data rate for integrity protection of UP. For example, if the UE indicates 64 kbps as its maximum data rate, the network is assumed to turn the UP integrity on only for data rates equal or lower than 64 kbps. Higher data rates would not use UP integrity. [0299] The RAN base station may respond to the AMF with an indication that it will enable UP integrity protection if that is the indication received from the AMF. If the RAN base station does not support UP integrity protection, then it may reject or may accept but fail to send an indication that it will enable UP integrity protection, for example in the case of a legacy base station. The failure to receive an indication from the base station that UP integrity protection will be enabled may be interpreted by the RAN as meaning that UP integrity protection will not be enabled.) and enabling, in response to the first information, the user plane integrity protection according to a user plane integrity protection algorithm. (See WIFVESSON, [0138] According to examples of the present disclosure, the IPUP mode “use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data” may enable a UE to specify that if Integrity Protection for UP data is turned on then Confidentiality protection for UP data may be turned off. Some very small UEs, including for example those related to devices in an Internet of Things deployment, may have very limited access to power sources, and in order to extend battery lifetime, it may be useful for the UE to be able to turn off encryption relating to Confidentiality protection if the UE knows that encryption relating to Integrity Protection will be applied at an upper protocol layer. [0174] If the IPUP mode indicated to the secondary radio access node involves use of Integrity Protection for User Plane Data, (that is modes “use of Integrity Protection for User Plane data exchanged with the UE” or “use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data”), the indication of an IPUP mode to be used by the communication network for the UE may comprise a list of supported algorithms for Integrity Protection of UP data. In some examples, the list of supported algorithms for IPUP may be identical to the list for Integrity Protection of Control Plane data, and not indicated separately. In further examples, the list may comprise a single identified integrity algorithm. [0175] In step 604, the method may further comprise checking for receipt from the secondary radio access node of an indication that the secondary radio access node will enable the IPUP mode to be used by the communication network for the UE.)
2. WIFVESSON discloses the method according to claim 1, wherein sending the user plane integrity protection information to the network device comprises sending the user plane integrity protection information to the network device via a mobility management entity. (See WIFVESSON, [0122] A visited network may make a policy decision as to whether UP integrity is required for a UE based on an indication received from the home network and a policy configured for the visited network (Access Management Function (AMF)/Mobility Management Entity (MME)). The core network may indicate to the UE in the NAS layer, based on the policy decision, whether UP integrity shall be used or not. See also [0163])
3. WIFVESSON discloses the method according to claim 2, wherein sending the user plane integrity protection information to the network device via the mobility management entity comprises sending a non-access stratum message to the mobility management entity, and wherein the non-access stratum message comprises the user plane integrity protection information. (See WIFVESSON, see [0122 ]; A visited network may make a policy decision as to whether UP integrity is required for a UE based on an indication received from the home network and a policy configured for the visited network (Access Management Function (AMF)/Mobility Management Entity (MME)). The core network may indicate to the UE in the NAS layer, based on the policy decision, whether UP integrity shall be used or not. receiving from the communication network an indication of an IPUP mode that shall be used by the communication network for the UE)
4. WIFVESSON discloses the method according to claim 3, wherein the non-access stratum message is either an attach request message or a tracking area update message. (See WIFVESSON, [0122] A visited network may make a policy decision as to whether UP integrity is required for a UE based on an indication received from the home network and a policy configured for the visited network (Access Management Function (AMF)/Mobility Management Entity (MME)). The core network may indicate to the UE in the NAS layer, based on the policy decision, whether UP integrity shall be used or not.)
5. WIFVESSON discloses the method according to claim 1, wherein receiving the first information from the network device comprises receiving a radio resource control connection reconfiguration message from the network device, and wherein the radio resource control connection reconfiguration message comprises the first information. (See WIFVESSON, [0042]; the indication of the IPUP mode to be used by the communication network for the UE may be received with an RRC Reconfiguration Request.)
6. WIFVESSON discloses the method according to claim 1, wherein the user plane integrity protection algorithm is a control plane integrity protection algorithm that is between the network device and the UE and that is based on an access stratum security mode command procedure. (See WIFVESSON, [0138] and [0174] )
10. As to claim 10, the claim is rejected under the same rationale as claim 1. See the rejection of claim 1 above. a memory configured to store instructions; (See WIFVESSON, [0090]) and a processor coupled to the memory and configured to execute the instructions to cause the apparatus (See WIFVESSON, [0090]) to:
11. WIFVESSON discloses the apparatus according to claim 10, wherein the processor is further configured to execute the instructions to cause the apparatus to send the user plane integrity protection information to the network device by sending the user plane integrity protection information to the network device via a mobility management entity. (See WIFVESSON, [0122] A visited network may make a policy decision as to whether UP integrity is required for a UE based on an indication received from the home network and a policy configured for the visited network (Access Management Function (AMF)/Mobility Management Entity (MME)). The core network may indicate to the UE in the NAS layer, based on the policy decision, whether UP integrity shall be used or not. See also [0163])
12. WIFVESSON discloses the apparatus according to claim 11, wherein the processor is further configured to execute the instructions to cause the apparatus to send the user plane integrity protection information to the network device via the mobility management entity by sending a non-access stratum message to the mobility management entity, wherein the non-access stratum message comprises the user plane integrity protection information. (See WIFVESSON, [0122] A visited network may make a policy decision as to whether UP integrity is required for a UE based on an indication received from the home network and a policy configured for the visited network (Access Management Function (AMF)/Mobility Management Entity (MME)). The core network may indicate to the UE in the NAS layer, based on the policy decision, whether UP integrity shall be used or not. See also [0163])
13. WIFVESSON discloses the apparatus according to claim 12, wherein the non-access stratum message is either an attach request message or a tracking area update message. (See WIFVESSON, [0122] A visited network may make a policy decision as to whether UP integrity is required for a UE based on an indication received from the home network and a policy configured for the visited network (Access Management Function (AMF)/Mobility Management Entity (MME)). The core network may indicate to the UE in the NAS layer, based on the policy decision, whether UP integrity shall be used or not.)
14. WIFVESSON discloses the apparatus according to claim 10, wherein the processor is further configured to execute the instructions to cause the apparatus to receive a radio resource control connection reconfiguration message from the network device, and wherein the radio resource control connection reconfiguration message comprises the first information. (See WIFVESSON, [0042]; the indication of the IPUP mode to be used by the communication network for the UE may be received with an RRC Reconfiguration Request.)
15. WIFVESSON discloses the apparatus according to claim 10, wherein the user plane integrity protection algorithm is a control plane integrity protection algorithm that is between the network device and the apparatus and that is based on an access stratum security mode command procedure. (See WIFVESSON, [0138] According to examples of the present disclosure, the IPUP mode “use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data” may enable a UE to specify that if Integrity Protection for UP data is turned on then Confidentiality protection for UP data may be turned off. Some very small UEs, including for example those related to devices in an Internet of Things deployment, may have very limited access to power sources, and in order to extend battery lifetime, it may be useful for the UE to be able to turn off encryption relating to Confidentiality protection if the UE knows that encryption relating to Integrity Protection will be applied at an upper protocol layer. [0174] If the IPUP mode indicated to the secondary radio access node involves use of Integrity Protection for User Plane Data, (that is modes “use of Integrity Protection for User Plane data exchanged with the UE” or “use of Integrity Protection for User Plane data, and non-use of Confidentiality Protection for User Plane data”), the indication of an IPUP mode to be used by the communication network for the UE may comprise a list of supported algorithms for Integrity Protection of UP data. In some examples, the list of supported algorithms for IPUP may be identical to the list for Integrity Protection of Control Plane data, and not indicated separately. In further examples, the list may comprise a single identified integrity algorithm. [0175] In step 604, the method may further comprise checking for receipt from the secondary radio access node of an indication that the secondary radio access node will enable the IPUP mode to be used by the communication network for the UE)
16. WIFVESSON discloses the apparatus according to claim 10, wherein the apparatus is a user equipment (UE) or a chip in the UE. (See WIFVESSON, [0031] According to an aspect of the present disclosure, there is provided a method for operating a User Equipment, UE, which UE is configured to connect to a communication network.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20200259853, title “ Method and system for user plane traffic characteristics and network security.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSNEL JEUDY whose telephone number is (571)270-7476. The examiner can normally be reached M-F 10:00-8:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arani T Taghi can be reached at (571)272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Date: 8/5/2025 /JOSNEL JEUDY/Primary Examiner, Art Unit 2438
Prosecution Insights