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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 20 respectively of U.S. Patent No. 12,195,210. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-19 are rejected as being dependent on independent claims 1.
Application 18/973,238
U.S. Patent No. 12,195,210
Claim 1.
A method comprising: receiving, by a mobility management entity (MME) from a wireless device, an attach request message comprising a parameter indicating that the wireless device is capable of communicating with a fifth generation (5G) network; selecting, by the MME, a session management controller supporting an aerial service and interworking between a fourth generation (4G) network and the 5G network; sending, by the MME to the session management controller, a request for a creation of a session of the wireless device with the 5G network, wherein the request for the creation of the session comprises the parameter indicating that the wireless device is capable of communicating with the 5G network; receiving, by the MME from the session management controller, a message indicating the creation of the session of the wireless device with the 5G network, the message comprising an indication of an authentication and/or authorization (AA) status of the aerial service of the wireless device; receiving, by the MME from a first base station, a handover request for a handover of the wireless device to a second base station of the 5G network; and based on the handover request, sending, by the MME to an access and mobility management function (AMF) of the 5G network, the indication of the AA status of the aerial service of the wireless device.
Claim 1.
A method comprising: receiving, by a mobility management entity (MME) from a wireless device, an attach request message comprising at least one of: a parameter indicating that the wireless device is capable of communicating with a fifth generation (5G) network; and an access point name (APN) associated with an aerial service of the wireless device; selecting, by the MME, a session management controller based on the session management controller supporting the aerial service and interworking between a fourth generation (4G) network and the 5G network; sending, by the MME to the session management controller, a request for a creation of a session of the wireless device with the 5G network, wherein the request for the creation of the session comprises at least one of: the parameter indicating that the wireless device is capable of communicating with the 5G network; and the APN associated with the aerial service; receiving, by the MME from the session management controller, an indication of an authentication and/or authorization (AA) status of the aerial service of the wireless device, wherein the indication of the AA status is received in a message indicating the creation of the session of the wireless device with the 5G network; receiving, by the MME from a first base station, a handover request for a handover of the wireless device to a second base station of the 5G network; and based on the handover request, sending, by the MME to an access and mobility management function (AMF) of the 5G network, the indication of the AA status of the aerial service of the wireless device..
Claim 20
A method comprising: receiving, by a mobility management entity (MME) from a first base station of a fourth generation (4G) network, a handover request for a handover of a wireless device to a second base station of a fifth generation (5G) network; selecting, by the MME, a session management controller supporting an aerial service and interworking between the 4G network and the 5G network; receiving, by the MME from the session management controller, a message indicating a creation of a session of the wireless device with the second base station of the 5G network, the message comprising an indication of an authentication and/or authorization (AA) status of the aerial service of the wireless device; and based on the handover request, sending, by the MME to an access and mobility management function (AMF) of the 5G network, the indication of the AA status of the aerial service of the wireless device.
Claim 20
A method comprising: receiving, by a mobility management entity (MME) from a first base station of a fourth generation (4G) network, a handover request for a handover of a wireless device to a second base station of a fifth generation (5G) network; selecting, by the MME, a session management controller based on the session management controller supporting an aerial service and interworking between the 4G network and the 5G network; receiving, by the MME from the session management controller, an indication of an authentication and/or authorization (AA) status of the aerial service of the wireless device, wherein the indication of the AA status is received in a message indicating a creation of a session of the wireless device with the second base station of the 5G network; and based on the handover request, sending, by the MME to an access and mobility management function (AMF) of the 5G network, the indication of the AA status of the aerial service of the wireless device.
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 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (2021/0105685). Regarding claims 1 and 20, Li discloses a method comprising: receiving, by a mobility management entity (MME) from a first base station of a fourth generation (4G) network, a handover request for a handover of a wireless device to a second base station of a fifth generation (5G) network (see abstract, fig.1, fig.20, elements UE, eNB (Source base station), MME/4G core, eLTE (Target base station), 5G core, paragraphs [0005-0006], [0057], [0076], [0227] and its description); selecting, by the MME, a session management controller supporting an aerial service and interworking between the 4G network and the 5G network (see abstract, fig.1, fig.20, elements UE, eNB (Source base station), MME/4G core, eLTE (Target base station), 5G core, paragraphs [0005-0006], [0057], [0076], [0227-0228] and its description); receiving, by the MME from the session management controller, a message indicating a creation of a session of the wireless device with the second base station of the 5G network, the message comprising an indication of an authentication and/or authorization (AA) status of the aerial service of the wireless device (see abstract, fig.1, fig.20, elements UE, eNB (Source base station), MME/4G core, eLTE (Target base station), 5G core, paragraphs [0005-0006], [0057], [0076], [0227-0228] and its description); and based on the handover request, sending, by the MME to an access and mobility management function (AMF) of the 5G network, the indication of the AA status of the aerial service of the wireless device (see abstract, fig.1, fig.20, elements UE, eNB (Source base station), MME/4G core, eLTE (Target base station), AMF/5G core, paragraphs [0005-0006], [0057], [0076], [0227-0229] and its description).
Regarding claim 2, Li further discloses wherein the handover is from a first network indicative of the 4G network to a second network indicative of the 5G network (see abstract, fig.1, fig.20, elements 4G core, 5G Core, paragraphs [0057], [0076], [0224] and its description).
Regarding claim 3, Li further discloses wherein the MME is of the first network and the AMF is of the second network (see abstract, fig.1, fig.20. element MME/4G core, AMF/5G core, paragraphs [0057], [0076], [0224] and its description).
Regarding claim 4, Li further discloses wherein the indication of the AA status is sent to the AMF via an N26 interface (see abstract, fig.1, fig.20. element MME/4G core, AMF/5G core, paragraphs [0005], [0057], [0076], [0224] and its description).
Regarding claim 5, Li further discloses wherein the indication of the AA status is sent to the AMF in a protocol configuration option (PCO) of the wireless device (see paragraphs [0005-0006]).
Regarding claim 6, Li further discloses wherein the PCO of the wireless device is between the wireless device and the session management controller (see paragraphs [0005-0006], [0009]).
Regarding claim 7, Li further discloses wherein the indication of the AA status is sent to the AMF in a relocation request message (see paragraph [0106]).
Regarding claim 8, Li further discloses wherein the relocation request message is a forward relocation request message (see paragraph [0106]).
Regarding claim 9, Li further discloses wherein the relocation request message is a request for relocation of a wireless device context of the wireless device (see paragraph [0106]).
Regarding claim 10, Li further comprising maintaining and/or keeping, by the MME, a wireless device context of the wireless device (see paragraph [0005-0006]).
Regarding claim 11, Li further comprising storing, by the MME, the AA status of the wireless device into the wireless device context of the wireless device (see paragraph [0005-0006], [0009]).
Regarding claim 12, Li further discloses wherein the session of the wireless device is associated with the aerial service (see paragraph [0005-0006]).
Regarding claim 13, Li further discloses wherein the session of the wireless device communicates data of the aerial service (see paragraph [0005-0006]).
Regarding claim 14, Li further discloses wherein the message indicating the creation of the session comprises a protocol configuration option (PCO) of the wireless device (see paragraphs [0005-0006]).
Regarding claim 15, Li further discloses wherein the message indicating the creation of the session comprises the AA status of the wireless device (see paragraphs [0005-0006], [0009]).
Regarding claim 16, Li further discloses wherein the attach request message comprises at least one of: an access point name (APN) associated with an aerial service of the wireless device; a wireless device identifier of the wireless device; and an uncrewed and/or unmanned and/or uncrewed aerial vehicle (UAV) identifier of the wireless device(see abstract, fig.1, fig.20, elements UE, eNB (Source base station), MME/4G core, eLTE (Target base station), 5G core, paragraphs [0005-0006], [0057], [0076], [0227] and its description).
Regarding claim 17, Li further comprising selecting, by the MME, the session management controller based on the session management controller supporting interworking between the 4G network and the 5G network based on the parameter (see abstract, fig.1, fig.20, elements UE, eNB (Source base station), MME/4G core, eLTE (Target base station), 5G core, paragraphs [0005-0006], [0057], [0076], [0227] and its description).
Regarding claim 18, Li further discloses wherein the session management controller comprises at least one of: a packet data network gateway control plane function (PGW-C) of the 4G network (see paragraph [0005]); and a session management function (SMF) of the 5G network (see paragraphs [0005-0006]).
Regarding claim 19, Li further discloses wherein the session of the wireless device is between the wireless device and a user plane gateway selected by the session management controller (see paragraph [0005-0006]).
Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/
Primary Examiner, Art Unit 2647
Prosecution Insights