DETAILED ACTION
Claims 1-20 have been examined and are rejected.
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 .
Response to Amendment
This office action is in reply to Applicant’s Response dated 06/11/2026. Claims 1, 3, 6, 9, 11, 13 and 15-16 are amended. Claims 1-20 remain pending in the application.
Response to Arguments
The Applicant argues (see page 9) that Talebi's "capability" is directed to (i) general network load and relative static capacity for UPF selection purposes, and (ii) traffic routing capability such as 1Pv6 multi-homing support. Neither of these concepts corresponds to a control message processing capability comprising rule-specific parameters such as a maximum number of installable rules, a maximum rule update rate, or a preferred rule update rate and that there is no disclosure in Talebi of the SMF monitoring a rule update rate, comparing it against a maximum rule update rate threshold, and regulating the transmission of control messages accordingly. Talebi does not contemplate the concept of a maximum rule update rate at all, let alone controlling message flow on the basis of such a rate.
In response to the Applicant’s arguments, a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Talebi Fard et al. (U.S. PGPub 2019/0215724) in view of Takano et al. (U.S. PGPub 2023/0224218) is made in view of the amendments made to the claims. The combination of Talebi and the new reference, Takano, is now relied upon to teach all of the features of claims 1 and 11.
The Applicant argues (see page 14) that Seo's "cache memory" is directed to the memory used by the UPF's processing module for packet processing - i.e., for processing user data packets efficiently. This is conceptually distinct from a "memory size for rules".
The Examiner respectfully disagrees. Regarding the feature "memory size for rules", the limitation “for rules” merely indicates an intended use or purpose of the memory size. Therefore, the limitation “for rules” is given no patentable weight. Seo teaches that when the UPF 125 is applied to a wireless communication system and initially driven, the processor 200 may check the size of a cache memory usable in the internal configuration of the UPF 125 (Seo, see page 7, paragraph 2). Clearly, Seo teaches “information about a memory size for rules”.
The Applicant argues (see page 14) that the claimed invention requires the SMF to receive control message processing capability information from the UPF and use it to configure capacity information for controlling the flow of control messages. The Applicant argues that there is no motivation to combine Talebi and Seo in the claimed manner. Even if both Talebi and Seo individually disclosed elements of the claimed invention - which they do not - the combination proposed by the Examiner would not yield the claimed invention. Combining Talebi's UPF selection framework with Seo's internal UPF packet processing optimization would not, even in combination, teach or suggest an SMF receiving rule-processing capability parameters from a UPF and using those parameters to control the rate at which the SMF transmits control messages to the UPF.
In response to the Applicant’s argument, the Examiner respectfully disagrees. First, claims 1 and 11 do not recite or require the SMF to receive control message processing capability information from the UPF. Such “receiving” step is absent in claims 1 and 11. Second, Seo is not relied up to teach using parameters to control the rate at which the SMF transmits control messages to the UPF. Finally, as discussed above, a new ground of rejection under 35 U.S.C. 103 is made in view of the amendment.
Claim Rejections - 35 USC § 103
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 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.
Claim 1-2, 9, 11-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Talebi Fard et al. (U.S. PGPub 2019/0215724), hereafter "Talebi", in view of Takano et al. (U.S. PGPub 2023/0224218).
Regarding claims 1 and 11, Talebi teaches A method performed by a session management function (SMF) in a wireless communication system, the method comprising: configuring capacity information of a user plane function (UPF) based on at least one of information regarding a control message processing capability of the UPF or resource status information regarding control message processing, wherein the information regarding the control message processing capability of the UPF comprises (Talebi, see figs. 4 and 10; see paragraph 0170 the SMF 160 may check the UPF 110 Selection Criteria (e.g.,... Capability of the UPF 110 and the functionality required for the particular UE 100 session… an appropriate UPF 110 may be selected by matching the functionality and features required for an UE 100; see also paragraph 0258 capability information of the user plane function...; see also paragraph 0126)
controlling a flow of control messages to be transmitted to the UPF based on the capacity information of the UPF. (Talebi, see figs. 4 and 10; see paragraphs 0170-0174 an appropriate UPF 110 may be selected by matching the functionality and features required for an UE 100... an N4 Session Establishment Request message may be sent to the new UPF 110, providing Packet detection, Data forwarding, enforcement and reporting rules to be installed on the new intermediate UPF...)
However, Talebi does not explicitly teach information about at least one of: a maximum number of rules installable in the UPF, a maximum rule update rate or a preferred rule update rate of the UPF; and
wherein controlling the flow of control messages comprises controlling transmission of the control messages comprising one or more rules so that a rule update rate does not exceed the maximum rule update rate.
Takano teaches information about at least one of: a maximum number of rules installable in the UPF, a maximum rule update rate or a preferred rule update rate of the UPF; and (Takano, see figs. 8-9; see paragraph 0093 , the maximum amount of traffic on a communication channel is measured at the computer 420 located on the LAN for each UPF 120...for the UPF 120 located on the cloud. This measurement is performed multiple times during a time period…; note that the maximum amount of traffic is per the time period (maximum rule update rate)...)
wherein controlling the flow of control messages comprises controlling transmission of the control messages comprising one or more rules so that a rule update rate does not exceed the maximum rule update rate. (Takano, see figs. 8-9, see paragraphs 0114-0115 amount of room for increasing traffic based on the above equation takes into consideration the amount of traffic...Amount of Room for Increasing Traffic of UPF=Maximum Capacity of LAN−UPF Program Processing Capacity×Number of Operating UPFs...; see paragraph 0093 , the maximum amount of traffic on a communication channel is measured at the computer 420 located on the LAN for each UPF 120...for the UPF 120 located on the cloud. This measurement is performed multiple times during a time period…; note that the maximum amount of traffic is per the time period (maximum rule update rate)...; see paragraph 0152)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi and Takano to provide the technique of providing information about at least one of: a maximum number of rules installable in the UPF, a maximum rule update rate or a preferred rule update rate of the UPF and controlling the flow of control messages comprises controlling transmission of the control messages comprising one or more rules so that a rule update rate does not exceed the maximum rule update rate of Takano in the system of Talebi in order to improve throughput performance (Takano, see paragraph 0081).
Regarding claims 2 and 12, Talebi-Takano teaches further comprising: receiving, from a network function (NF), at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing; and (Talebi, see paragraph 0210 receive from the SMF 160, a first message indicating a request of updated network function information. The first message, may be a network function status subscribe message (e.g., Nnrf_NFManagement_NFStatusSubscribe) that may indicate a request from the SMF for notification of a newly registered UPF 110...The network function may be the UPF 110, the first network element, and/or the like. In an example, the second message may further comprise an identifier of the network function, a capability information of the network function, a traffic routing capability of the network function...)
selecting the UPF based on at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing. (Talebi, see figs. 4 and 10; see paragraphs 0170-0174 an appropriate UPF 110 may be selected by matching the functionality and features required for an UE 100... an N4 Session Establishment Request message may be sent to the new UPF 110, providing Packet detection, Data forwarding, enforcement and reporting rules to be installed on the new intermediate UPF...)
Regarding claims 9 and 19, Talebi-Takano teaches wherein the receiving, from the NF, of the at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing comprises (Talebi, see figs. 4 and 10; see paragraph 0170 the SMF 160 may check the UPF 110 Selection Criteria (e.g.,... Capability of the UPF 110 and the functionality required for the particular UE 100 session… an appropriate UPF 110 may be selected by matching the functionality and features required for an UE 100; see also paragraph 0258 capability information of the user plane function...; see also paragraph 0126)
receiving, from a network repository function (NRF), at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing. (Talebi, see figs. 16-17; see abstract session management function sends a first message requesting a discovery of the user plane function to a network repository function based on the determining...; see paragraph 0254 send a first message to a network repository function based on the determining. The first message may request a discovery of the user plane function. The first message may comprise an uplink classifier indication parameter. At 1640, the session management function receive a second message from the network repository function...; see paragraph 0262 the network repository function may select, in response to receiving the second message, the user plane function based on the uplink classifier parameter. At 1740, the network repository function may send a third message to the session management function. The third message may comprise an identifier of the user plane function...)
Claims 3-4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Talebi-Takano in view of Seo et al. (WO 2022/124732, see the English translated copy).
Regarding claims 3 and 13, Talebi-Takano teaches all of the features of claims 1 and 11. However, Talebi-Takano does not explicitly teach wherein the information regarding the control message processing capability of the UPF further comprises information about a memory size for rules.
Seo teaches wherein the information regarding the control message processing capability of the UPF further comprises information about a memory size for rules. (Seo, see page 7, paragraph 2 when the UPF 125 is applied to a wireless communication system and initially driven, the processor 200 may check the size of a cache memory usable in the internal configuration of the UPF 125…; see page 10, paragraphs 3-4 when the network entity (e.g. UPF 125 or processor 200) is initially driven...check information related to the size of the cache memory usable in the processing module...; it is noted that the limitation “for rules” is interpreted as an intended use or intended purpose)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano and Seo to provide the technique of wherein the information regarding the control message processing capability of the UPF further comprises information about a memory size for rules. of Seo in the system of Talebi-Takano in order to increase efficiency (Seo, see page 3, paragraph 3).
Regarding claims 4 and 14, Talebi-Takano teaches all of the features of claims 1 and 11. However, Talebi-Takano does not explicitly teach wherein the resource status information regarding control message processing comprises: information about at least one of a memory size for rules in use for a certain time, a number of rules installed for the certain time; a maximum rule update rate for the certain time; and a number of control messages to be processed for the certain time or an allowable amount of allocation for the certain time.
Seo teaches wherein the resource status information regarding control message processing comprises: information about at least one of a memory size for rules in use for a certain time, a number of rules installed for the certain time; a maximum rule update rate for the certain time; and a number of control messages to be processed for the certain time or an allowable amount of allocation for the certain time. (Seo, see page 7, paragraph 2 when the UPF 125 is applied to a wireless communication system and initially driven, the processor 200 may check the size of a cache memory usable in the internal configuration of the UPF 125…; see page 10, paragraphs 3-4 when the network entity (e.g. UPF 125 or processor 200) is initially driven...check information related to the size of the cache memory usable in the processing module...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano and Seo to provide the technique of the resource status information regarding control message processing comprises: information about at least one of a memory size for rules in use for a certain time, a number of rules installed for the certain time; a maximum rule update rate for the certain time; and a number of control messages to be processed for the certain time or an allowable amount of allocation for the certain time of Seo in the system of Talebi-Takano in order to increase efficiency (Seo, see page 3, paragraph 3).
Claims 5-7 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Talebi-Takano-Seo in view of Kim et al. (U.S. PGPub 2023/0361901).
Regarding claims 5 and 15, Talebi-Takano teaches all of the features of claims 1 and 11. However, Talebi-Takano does not explicitly teach wherein the request information comprises: information regarding at least one of a requested UPF rule memory size, a requested maximum number of rules, a requested maximum rule update rate, and a requested preferred rule update rate or a requested average number of control messages.
Seo teaches wherein the request information comprises: information regarding at least one of a requested UPF rule memory size, a requested maximum number of rules, a requested maximum rule update rate, and a requested preferred rule update rate or a requested average number of control messages. (Seo, see page 7, paragraph 2 when the UPF 125 is applied to a wireless communication system and initially driven, the processor 200 may check the size of a cache memory usable in the internal configuration of the UPF 125…; see page 10, paragraphs 3-4 when the network entity (e.g. UPF 125 or processor 200) is initially driven...check information related to the size of the cache memory usable in the processing module...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano and Seo to provide the technique of the request information comprises: information regarding at least one of a requested UPF rule memory size, a requested maximum number of rules, a requested maximum rule update rate, and a requested preferred rule update rate or a requested average number of control messages of Seo in the system of Talebi-Takano in order to increase efficiency (Seo, see page 3, paragraph 3).
However, Talebi-Takano-Seo does not explicitly teach further comprising: transmitting, to the UPF, request information regarding the control message processing capability of the UPF,
Kim teaches further comprising: transmitting, to the UPF, request information regarding the control message processing capability of the UPF, (Kim, see fig. 6; see paragraph 0108 when the UPF provides an event service through the event exposure service interface (Nupf_EventExposure) in the 5GS, after the SMF confirms capability information of a target UPF ...provide a more efficient event exposure service of the UPF by requesting the UPF event exposure within its capability range...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano-Seo and Kim to provide the technique of transmitting, to the UPF, request information regarding the control message processing capability of the UPF of Kim in the system of Talebi-Takano-Seo in order to provide a more efficient event exposure service of the UPF (Kim, see paragraph 0108).
Regarding claims 6 and 16, Talebi-Takano-Seo teaches all of the features of claims 4 and 14. However, Talebi-Takano-Seo does not explicitly teach further comprising: receiving a response message from the UPF,
wherein the response message comprises information indicating whether the request information is granted.
Kim teaches further comprising: receiving a response message from the UPF, (Kim, see fig. 6; see paragraphs 0108-0109 when the UPF provides an event service through the event exposure service interface (Nupf_EventExposure) in the 5GS, after the SMF confirms capability information of a target UPF ...provide a more efficient event exposure service of the UPF by requesting the UPF event exposure within its capability range...the UPF may provide, to the SMF, the information on the capabilities of the event exposure service)
wherein the response message comprises information indicating whether the request information is granted. (Kim, see fig. 6; see paragraphs 0108-0109 when the UPF provides an event service through the event exposure service interface (Nupf_EventExposure) in the 5GS, after the SMF confirms capability information of a target UPF ...provide a more efficient event exposure service of the UPF by requesting the UPF event exposure within its capability range...the UPF may provide, to the SMF, the information on the capabilities of the event exposure service. Note providing the information on the capabilities is an indication that the request is granted.)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano-Seo and Kim to provide the technique of receiving a response message from the UPF, wherein the response message comprises information indicating whether request information is granted of Kim in the system of Talebi-Takano-Seo in order to provide a more efficient event exposure service of the UPF (Kim, see paragraph 0108).
Regarding claims 7 and 17, Talebi-Takano-Seo-Kim teaches wherein, when the request information is not granted, the response message comprises at least one of information about an allowable resource, resource status information regarding control message processing or information regarding a rejection reason. (Talebi, see paragraphs 0168-0169 respond to the AMF 155 with an appropriate reject cause and the User Plane Activation of PDU Session may be stopped...)
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Talebi-Takano in view of Stojanovski (U.S. PGPub 2021/0127351).
Regarding claims 8 and 18, Talebi-Takano teaches all of the features of claims 1 and 11. However, Talebi-Takano does not explicitly teach wherein priorities for rule application are set for the control messages to be transmitted to the UPF according to rule update priorities.
Stojanovski teaches wherein priorities for rule application are set for the control messages to be transmitted to the UPF according to rule update priorities. (Stojanovski, see paragraph 0110 include Paging Priority in the Paging Message is based on the ARP value in the message received from the SMF 224 for an IP packet waiting to be delivered in the UPF…)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano and Stojanovski to provide the technique of priorities for rule application are set for the control messages to be transmitted to the UPF according to rule update priorities of Stojanovski in the system of Talebi-Takano in order to allow a system to defer sending messages while the system is engaged in some high priority task (Stojanovski, see paragraph 0030).
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Talebi-Takano in view of Kim (U.S. PGPub 2022/0078857) hereafter, Kim857.
Regarding claims 10 and 20, Talebi-Takano teaches wherein the receiving, from the NF, of the at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing comprises (Talebi, see paragraph 0210 receive from the SMF 160, a first message indicating a request of updated network function information. The first message, may be a network function status subscribe message (e.g., Nnrf_NFManagement_NFStatusSubscribe) that may indicate a request from the SMF for notification of a newly registered UPF 110...The network function may be the UPF 110, the first network element, and/or the like. In an example, the second message may further comprise an identifier of the network function, a capability information of the network function, a traffic routing capability of the network function...)
However, Talebi-Takano does not explicitly teach receiving, from a network data analytics function (NWDAF), at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing.
Kim857 teaches receiving, from a network data analytics function (NWDAF), at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing. (Kim857, see paragraph 0143-0144 Table 12 where parameter(s) and information may be considered by the SMF for UPF selection ...UPF's dynamic load. Analytics (i.e. statistics or predictions) for UPF load as received from NWDAF (see TS 23.288 [86]), if NWDAF is deployed. UPF's relative static capacity among UPFs supporting the same DNN. UPF location available at the SMF. UE location information. Analytics (i.e. statistics or predictions) for UE's mobility as received from NWDAF (see TS 23.288 [86])...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Talebi-Takano and Kim857 to provide the technique of receiving, from a network data analytics function (NWDAF), at least one of the information regarding the control message processing capability of the UPF or the resource status information regarding control message processing of Kim857 in the system of Talebi-Takano in order to efficiently support reliable and latency communication (Kim857, see paragraph 0027).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MENG VANG whose telephone number is (571)270-7023. The examiner can normally be reached M-F 8AM-2PM, 3PM-5PM.
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/MENG VANG/Primary Examiner, Art Unit 2443
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