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 non-statutory 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 non-statutory 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 non-statutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 5 and 6 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 4 and 5 of U.S. Patent No. 12,294,508. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claims.
Claim 5 is anticipated by claim 4 of the ‘508 Patent:
5. A method in a Network Function, NF, producer, comprising: transmitting, to a Service Communication Proxy, SCP, a notification request for delivering a notification based on a default notification subscription (transmitting, to a Service Communication Proxy, SCP, a notification request for delivering a notification to a default notification subscription), wherein the notification request contains a Uniform Resource Identifier, URI, having a predetermined service path indicating that the notification request is associated with a default notification subscription, and the notification request indicates at least one of an N1 message class and an N2 information class for the notification (wherein the notification request contains a Uniform Resource Identifier, URI, having a predetermined service path indicating that the notification request is associated with a default notification subscription, and the notification request indicates at least one of an N1 message class and an N2 information class for the notification.).
Claim 6 is disclosed by claim 5 of the ‘508 Patent.
Claims 10 and 11 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 4 and 5 of U.S. Patent No. 12,294,508 in view of U.S. Patent Application Publication 2023/0035572 to Belling et al.
Patent ‘508, claim 4 discloses the limitations of claim 5.
Patent ‘508, claim 5 discloses the limitations of claim 6.
The claimed invention of Patent ‘508 do not disclose a network node comprising a communication interface, a processor and a memory.
Belling et al. ‘572 teach: a network node comprising a communication interface (0130-0131), a processor (0058) and a memory (0058).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the claimed invention of Patent ‘508 with computer elements to effectively operate a hardware computer.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2023/0035572 to Belling et al. in view of U.S. Patent Application Publication 2020/0007632 to Landais et al.
Belling et al. ‘572 disclose:
As concerns claim 5, a method in a Network Function, NF, producer, comprising:
transmitting, to a Service Communication Proxy, SCP (0075-SCP), a notification request (0075-notification, request) for delivering a notification (0075-route notification message) based on a default notification subscription (0007-specific notification subscription; 0072), wherein the notification request contains a Uniform Resource Identifier, URI (0083-URI), having a predetermined service path indicating that the notification request is associated with a default notification subscription (0007-specific notification subscription; 0072), and the notification request indicates at least one of an N1 message class and an N2 information class for the notification.
As concerns claim 10, a network node comprising a communication interface (0130-0131), a processor (0058) and a memory (0058).
Belling et al. ‘572 do not disclose:
the notification request indicates at least one of an N1 message class and an N2 information class for the notification.
Landais et al. ‘632 teach:
the notification request indicates at least one of an N1 message class and an N2 information class for the notification (0038; Table 3-N1 message class, N2 information class, Attribute name).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Belling et al. ‘572 with class information, as taught by Landais et al. ‘632, in order to provide an adequate notification based on service and subscriptions.
Claims 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2023/0035572 to Belling et al. and of U.S. Patent Application Publication 2020/0007632 to Landais et al., as applied above, in view of U.S. Patent Application Publication 2022/0014888 to S Bykampadi et al.
Belling et al. ‘572 as modified do not disclose:
As concerns claim 6, the method of claim 5, wherein the N1 message class or the N2 information class is carried in a header from which a query parameter for NF discovery is derivable.
S Bykampadi et al. ‘888 teach:
As concerns claim 6, the method of claim 33, wherein the N1 message class or the N2 information class is carried in a header (0053-custom headers) from which a query parameter (0053-query parameters) for NF discovery (0053-3gpp-Sbi-Discovery) is derivable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Belling et al. ‘572 as modified, with a custom header, as taught by S Bykampadi et al. ‘888, in order to communicate particular information to satisfy a particular situation.
As concerns claim 11, Belling et al. ‘572 further disclose:
As concerns claim 11, a network node comprising a communication interface (0130-0131), a processor (0058) and a memory (0058).
Allowable Subject Matter
Claims 1-4, 7-9, 12 and 13 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2021/0168215 to Zong et al. disclose load balancing (0058).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B WALSH whose telephone number is (571)272-7063. The examiner can normally be reached 7:30-3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher L Parry can be reached at 571-272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN B WALSH/Primary Examiner, Art Unit 2451
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