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 is in response to the communications filed on 09 January 2026.
2. Claims 1-20 are pending in the application.
3. Claims 1, 10 and 19 have been rejected.
4. Claims 2-9, 11-18 and 20 have been objected to.
Information Disclosure Statement
5. The examiner has considered the information disclosure statement (IDS) filed on 10 March 2025 and 09 January 2026.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
6. Claim(s) 1, 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ward et al US 2021/0314183 A1 (hereinafter Ward) in view of Powell, III et al US 2025/0193044 A1 (hereinafter Powell).
As to claim 1, Ward discloses a network communication method of an internet of things device, comprising:
determining a target user plane function (UPF) to which the internet of things device belongs in response to receiving a plurality of pieces of communication data between the internet of things device and a network device (i.e. the UPF is selected and controlled and serves as a gateway to other packet data networks and communicates with one or more IoT devices) [0032-0033], the target UPF being configured to provide a routing and forwarding function of a user plane data packet (i.e. UPF acts as an anchor point to perform packet inspection, routing and forwarding in the user plane) [0032].
Ward does not teach that each UPF is connected to at least two gateways and realizes load balancing by crossed generic routing encapsulation (GRE) tunnels. Ward does not teach determining a GRE tunnel corresponding to each of at least two gateway devices corresponding to the target UPF, wherein the GRE tunnel is configured to transmit communication data between a UPF and a gateway device. Ward does not teach transmitting the plurality of pieces of communication data through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF. Ward does not teach that the plurality of pieces of communication data comprise first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device.
Powell teaches that each UPF is connected to at least two gateways and realizes load balancing by crossed generic routing encapsulation (GRE) tunnels (i.e. creating a GRE tunnel with first and second routers) [0031]. Powell teaches determining a GRE tunnel corresponding to each of at least two gateway devices corresponding to the target UPF (i.e. first and second routers) [0031], wherein the GRE tunnel is configured to transmit communication data between a UPF and a gateway device (i.e. other routers in the network) [0034]. Powell teaches transmitting the plurality of pieces of communication data through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF (i.e. packets communicated to the first and second routers) [0035]. Powell teaches that the plurality of pieces of communication data comprise first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device [0039].
Therefore, it 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 to have modified Ward so that each UPF would have been connected to at least two gateways and realized load balancing by crossed generic routing encapsulation (GRE) tunnels. A GRE tunnel would have been determined corresponding to each of at least two gateway devices corresponding to the target UPF. The GRE tunnel would have been configured to transmit communication data between a UPF and a gateway device. The plurality of pieces of communication data would have been transmitted through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF. The plurality of pieces of communication data would have comprised first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device.
It 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 to have modified Ward by the teaching of Powell because it helps automatically manage tunnels in a network [0003].
As to claim 10, Ward discloses an electronic device, comprising:
a processor and a memory [abstract];
wherein the memory stores computer-executable instructions [abstract], and
the processor is configured to execute the computer-executable instructions stored in the memory to [abstract]:
determine a target user plane function (UPF) to which the internet of things device belongs in response to receiving a plurality of pieces of communication data between the internet of things device and a network device (i.e. the UPF is selected and controlled and serves as a gateway to other packet data networks and communicates with one or more IoT devices) [0032-0033], the target UPF being configured to provide a routing and forwarding function of a user plane data packet.
Ward does not teach that each UPF is connected to at least two gateways and realizes load balancing by crossed generic routing encapsulation (GRE) tunnels. Ward does not teach determining a GRE tunnel corresponding to each of at least two gateway devices corresponding to the target UPF, wherein the GRE tunnel is configured to transmit communication data between a UPF and a gateway device. Ward does not teach transmitting the plurality of pieces of communication data through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF. Ward does not teach that the plurality of pieces of communication data comprise first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device.
Powell teaches that each UPF is connected to at least two gateways and realizes load balancing by crossed generic routing encapsulation (GRE) tunnels (i.e. creating a GRE tunnel with first and second routers) [0031]. Powell teaches determining a GRE tunnel corresponding to each of at least two gateway devices corresponding to the target UPF (i.e. first and second routers) [0031], wherein the GRE tunnel is configured to transmit communication data between a UPF and a gateway device (i.e. other routers in the network) [0034]. Powell teaches transmitting the plurality of pieces of communication data through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF (i.e. packets communicated to the first and second routers) [0035]. Powell teaches that the plurality of pieces of communication data comprise first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device [0039].
Therefore, it 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 to have modified Ward so that each UPF would have been connected to at least two gateways and realized load balancing by crossed generic routing encapsulation (GRE) tunnels. A GRE tunnel would have been determined corresponding to each of at least two gateway devices corresponding to the target UPF. The GRE tunnel would have been configured to transmit communication data between a UPF and a gateway device. The plurality of pieces of communication data would have been transmitted through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF. The plurality of pieces of communication data would have comprised first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device.
It 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 to have modified Ward by the teaching of Powell because it helps automatically manage tunnels in a network [0003].
As to claim 19, Ward discloses a non-transitory computer-readable storage medium, wherein the computer-readable storage medium stores computer-executable instructions which, when executed by a processor, configure the processor to:
determine a target user plane function (UPF) to which the internet of things device belongs in response to receiving a plurality of pieces of communication data between the internet of things device and a network device (i.e. the UPF is selected and controlled and serves as a gateway to other packet data networks and communicates with one or more IoT devices) [0032-0033], the target UPF being configured to provide a routing and forwarding function of a user plane data packet.
Ward does not teach that each UPF is connected to at least two gateways and realizes load balancing by crossed generic routing encapsulation (GRE) tunnels. Ward does not teach determining a GRE tunnel corresponding to each of at least two gateway devices corresponding to the target UPF, wherein the GRE tunnel is configured to transmit communication data between a UPF and a gateway device. Ward does not teach transmitting the plurality of pieces of communication data through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF. Ward does not teach that the plurality of pieces of communication data comprise first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device.
Powell teaches that each UPF is connected to at least two gateways and realizes load balancing by crossed generic routing encapsulation (GRE) tunnels (i.e. creating a GRE tunnel with first and second routers) [0031]. Powell teaches determining a GRE tunnel corresponding to each of at least two gateway devices corresponding to the target UPF (i.e. first and second routers) [0031], wherein the GRE tunnel is configured to transmit communication data between a UPF and a gateway device (i.e. other routers in the network) [0034]. Powell teaches transmitting the plurality of pieces of communication data through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF (i.e. packets communicated to the first and second routers) [0035]. Powell teaches that the plurality of pieces of communication data comprise first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device [0039].
Therefore, it 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 to have modified Ward so that each UPF would have been connected to at least two gateways and realized load balancing by crossed generic routing encapsulation (GRE) tunnels. A GRE tunnel would have been determined corresponding to each of at least two gateway devices corresponding to the target UPF. The GRE tunnel would have been configured to transmit communication data between a UPF and a gateway device. The plurality of pieces of communication data would have been transmitted through the GRE tunnel corresponding to each of the at least two gateway devices corresponding to the target UPF. The plurality of pieces of communication data would have comprised first communication data sent by the internet of things device to the network device and second communication data sent by the network device to the internet of things device.
It 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 to have modified Ward by the teaching of Powell because it helps automatically manage tunnels in a network [0003].
Allowable Subject Matter
7. Claims 2-9, 11-18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 2, the prior art does not disclose, teach or fairly suggest the limitations of “monitoring an operating state of the at least two gateway devices corresponding to the target UPF, the operating state comprising normal and failure”, “transmitting, in response to the operating state of the at least two gateway devices corresponding to the target UPF being normal, communication data corresponding to each GRE tunnel through the GRE tunnel between the UPF and the at least two gateway devices” and “in response to an operating state of any gateway device corresponding to the target UPF being failure, draining target communication data corresponding to the gateway device whose operating state is failure to another gateway device whose operating state is normal, and transmitting the target communication data through a GRE tunnel between the target UPF and the gateway device whose operating state is normal”.
As to claim 11, the prior art does not disclose, teach or fairly suggest the limitations of “monitor an operating state of the at least two gateway devices corresponding to the target UPF, the operating state comprising normal and failure”, “transmit, in response to the operating state of the at least two gateway devices corresponding to the target UPF being normal, communication data corresponding to each GRE tunnel through the GRE tunnel between the UPF and the at least two gateway devices” and “in response to an operating state of any gateway device corresponding to the target UPF being failure, drain target communication data corresponding to the gateway device whose operating state is failure to another gateway device whose operating state is normal, and transmit the target communication data through a GRE tunnel between the target UPF and the gateway device whose operating state is normal”.
As to claim 20, the prior art does not disclose, teach or fairly suggest the limitations of “monitor an operating state of the at least two gateway devices corresponding to the target UPF, the operating state comprising normal and failure”, “transmit, in response to the operating state of the at least two gateway devices corresponding to the target UPF being normal, communication data corresponding to each GRE tunnel through the GRE tunnel between the UPF and the at least two gateway devices” and “in response to an operating state of any gateway device corresponding to the target UPF being failure, drain target communication data corresponding to the gateway device whose operating state is failure to another gateway device whose operating state is normal, and transmit the target communication data through a GRE tunnel between the target UPF and the gateway device whose operating state is normal”.
Any claims not directly addressed are objected to on the virtue of their dependency.
Relevant Prior Art
8. The following references have been considered relevant by the examiner:
A. Xue et al US 2022/0368563 A1 directed to a method for implementing a generic routing encapsulation (GRE) tunnel, an access point (A) and a network system [abstract].
B. Wu US 2009/0106831 A1 directed to Internet Protocol (IP) networks, and more particularly, to methods and systems for establishing an Internet Protocol Security (IPsec) protected Generic Routing Encapsulation (GRE) tunnel in Simple IP networks [0003].
C. Zacks et al US 2024/0396829 A1 directed to techniques to facilitate multi-level performance tracing for a mobile network environment [abstract].
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARAVIND K MOORTHY whose telephone number is (571)272-3793. The examiner can normally be reached M-F 4:30-3:00.
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/ARAVIND K MOORTHY/ Primary Examiner, Art Unit 2407
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