The China National Intellectual Property Administration
`
`Examination Decision on Request for Invalidation (No. 56753)
`
`Decision No.
`Date of Decision
`
`Title of the Invention-Creation
`
`International Classification No.
`Petitioner for Invalidation
`Patentee
`Patent No.
`Application Date
`Priority Date
`Date of Announcement of the
`Grant of Patent Right
`Date
`of Request
`Invalidation
`Legal basis
`
`the
`
`for
`
`4W112325
`June 21, 2022
`MANAGING ASSOCIATED SESSIONS IN A
`NETWORK
`H04L29/06
`XIAOMI COMMUNICATIONS CO., LTD.
`KONINKLIJKE KPN N.V.
`201080013541.8
`January 19, 2010
`January 19, 2009
`
`December 9, 2015
`
`April 29, 2021
`
`Article 26.3, 26.4 of the Patent Law, Rule 20.1 of
`the Implementing Regulations of the Patent Law;
`Article 22.3 of the Patent Law
`
`Main points of the Decision:
`
`Interpretation of the technical solutions recited in the description and claims of a
`patent and certain technical terms in the claims should be based on the technical level
`and cognitive ability of persons skilled in the art, and the patent document should be
`viewed as a whole.
`
`Determination of whether a claim clearly expresses the protection scope should be
`done from the perspective of those skilled in the art in combination with common
`technical knowledge of the art.
`
`If the contents of a claim can be obtained or generalized from the contents sufficiently
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`disclosed in the description, the claim is supported by the description.
`
`If the technical solution of a claim differs from the closest prior art, other prior arts do
`not give a technical inspiration of combining with the closest prior art, nor is there
`evidence that the distinguishing feature is common knowledge of the art, and the
`technical solution of the claim can bring about beneficial technical effects, then the
`claim has inventiveness.
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`I. Brief of the Case
`
`The present Examination Decision on Request for Invalidation concerns the patent No.
`201080013541.8, titled "MANAGING ASSOCIATED SESSIONS IN A NETWORK"
`(hereinafter referred to as "the contested patent"). The contested patent had a filing
`date of January 19, 2010, claimed a priority date of January 19, 2009, and had a grant
`date of December 9, 2015. The Patentee was initially KONINKLIJKE KPN N.V.,
`NEDERLANDSE
`ORGANISATIE
`VOOR
`TOEGEPAST-NATUURWETENSCHAPPELIJK ONDERZOEK TNO, and
`then
`changed to KONINKLIJKE KPN N.V.
`
`The granted claims of the contested patent are as follows.
`
`
`"1. Method for managing associated sessions in a network, the network
`comprising a network element configured for managing associated sessions between
`the network and user equipment, the method comprising:
`- providing a composition session identifier for associating sessions in a
`network;
`- exchanging the composition session identifier between a user equipment and
`the network element; and
`- associating two or more sessions with the composition session identifier by
`exchanging the composition session identifier.
`
`2. Method according to claim 1, wherein the method further comprises the step of
`initiating a composition session.
`
`3. Method according to claim 2, wherein the method further comprises the steps
`
`of:
`
`- the user equipment generating a composition session identifier;
`- sending a request for initiating a composition session from the user equipment
`to the network element, the request comprising the composition session identifier.
`
`4. Method according to claim 2, wherein the method further comprises the steps
`
`of:
`
`- sending a request for initiating a composition session from the user equipment
`to the network element;
`- the network element generating a composition session identifier in response to
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`the receipt of the request;
`- sending the composition session identifier to the user equipment.
`
`5. Method according to any of claims 1-4, wherein the method further comprises
`the steps of:
`- the user equipment initiating two or more sessions by sending two or more
`session initiation requests for a session, to the network element, each request
`comprising the composition session identifier.
`
`6. Method according to claim 5, wherein the session initiation requests are sent
`by using a SIP INVITE message.
`
`7. Method according to any of claims 1-4, wherein the method further comprises
`the steps of:
`- the network element initiating two or more or more sessions by sending two or
`more requests for a session to the user equipment, each requests comprising the
`composition session identifier.
`
`8. Method according to claim 7, the requests for a session are sent by using a SIP
`INVITE message.
`
`9. Method according to any of claims 3-4, wherein the request for initiating a
`composition session further comprises one or more session identifiers.
`
`10. Method according to claim 3-4, the request for initiating a composition
`session further comprises resource reservation information and/or resource allocation
`information associated with the one or more sessions identified by the session
`identifiers.
`
`11. Method according to claim 5, wherein the two or more sessions comprise at
`least one of a broadcast (BC) session associated with a BC identifier (BCServicelD),
`a content-on-demand (CoD) session associated with a CoD identifier (CoDID), a
`Targeted Advertisement Insertion (TAI) session associated with a TAI identifier,
`network personal video content (NPVC) session associated with a NPVR identifier
`(NPVRContentID), a user generated content (UGC) session associated with a UGC
`identifier, a Public Switched Telecommunications Network (PSTN) emulation session
`associated with a PSTN emulation identifier and/or a shared content (SC) session
`associated with a SC identifier.
`
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`12. Method according to any of claims 1-4, wherein the combined streams of the
`associated sessions are presented to a user as a personalized composed multimedia
`stream.
`
`13. Method according to any of claims 1-4, wherein the network further
`comprises storage means, the method further comprising the step of:
`- the network element storing the composition session identifier and two or more
`associated session identifiers in the storage means.
`
`14. Method according to claim 13, wherein the storage means is a database.
`
`15. Method according to any of claims 2-4, the method further comprising the
`step of:
`- modifying the composition session by adding one or more sessions to the
`composition session, by terminating; or modifying one or more sessions in the
`composition session and/or by transferring one or more sessions from the composition
`session to a further composition session or outside the composition session.
`
`16. Method according to any of claims 1-4, wherein the network is an IP
`Multimedia Subsystem (IMS) network comprising an IMS core connected to a Service
`Control Function SCF, the SCF configured for managing associated sessions between
`the network and the User Equipment.
`
`17. A system for managing associated sessions in a network, the system
`comprising:
`- a network element configured for managing associated sessions between the
`network and a user equipment; for exchanging a composition session identifier with a
`user equipment; and, for associating two or more sessions with the composition
`session identifier by exchanging the composition session identifier;
`- a user equipment configured for providing a composition session identifier for
`associating sessions in a network; and, for exchanging the composition session
`identifier with the network element.
`
`18. A user equipment for use in a system according to claim 17, the user
`equipment comprising:
`- an ID generator for generating a composition session identifier;
`- a multimedia client configured for receiving the composition session identifier
`from the ID generator; for exchanging the composition session identifier with a
`
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`network element; for initiating one or more multimedia sessions with the network
`element; and for exchanging the composition session identifier with the network
`element during the set up of the multimedia sessions.
`
`19. A user equipment according to claim 18, further configured for initiating a
`composition session.
`
`20. A network element for use in a system according to claim 17, the network
`element comprising:
`- a session manager configured for exchanging a composition session identifier
`with a user equipment; and for setting up and modifying multimedia sessions;
`- a storage means for storing composition session information, the composition
`session information comprising information regarding composition session and the
`associated sessions.
`
`21. A network element according to claim 20, further configured for initiating,
`and/or terminating and/or modifying a composition session.
`
`22. A network element according to claim 20 or 21, the network element further
`comprising:
`- an ID generator for generating a composition session identifier.
`
`23. Apparatus for managing associated sessions in a network, the network
`comprising a network element configured for managing associated sessions between
`the network and user equipment, the apparatus comprising:
`- unit for providing a composition session identifier for associating sessions in a
`network;
`- unit exchanging the composition session identifier between a user equipment
`and the network element; and
`- unit for associating two or more sessions with the composition session identifier by
`exchanging the composition session identifier."
`
`Regarding the above patent right, the valid claims confirmed in the Invalidation
`Decision No. 34593 issued on January 19, 2018 by the China National Intellectual
`Property Administration (hereafter referred to as "CNIPA") are as follows:
`
`
`"1. Method for managing associated sessions in a network, the network
`
`
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`comprising a network element configured for managing associated sessions between
`the network and user equipment, the method comprising:
`- providing a composition session identifier for associating sessions in a
`network;
`- exchanging the composition session identifier between a user equipment and
`the network element; and
`- associating two or more sessions with the composition session identifier by
`exchanging the composition session identifier,
`wherein the method further comprises the step of initiating a composition
`session,
`wherein the method further comprises the steps of:
`- the user equipment generating a composition session identifier;
`- sending a request for initiating a composition session from the user equipment
`to the network element, the request comprising the composition session identifier,
`wherein the method further comprises the steps of:
`- the user equipment initiating two or more sessions by sending two or more
`session initiation requests for a session, to the network element, each request
`comprising the composition session identifier,
`of:
`the method further comprising the step
`- modifying the composition session by adding one or more sessions to the
`composition session, by terminating; or modifying one or more sessions in the
`composition session and/or by transferring one or more sessions from the composition
`session to a further composition session or outside the composition session.
`
`2. Method according to claim 1, wherein the session initiation requests are sent
`by using a SIP INVITE message.
`
`3. Method according to claim 1, wherein the method further comprises the steps
`
`of:
`
`- the network element initiating two or more sessions by sending two or more
`requests for a session to the user equipment, each requests comprising the
`composition session identifier.
`
`4. Method according to claim 3, the requests for a session are sent by using a SIP
`INVITE message.
`
`5. Method according to claim 1, wherein the request for initiating a composition
`session further comprises one or more session identifiers.
`
`
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`6. Method according to claim 1, the request for initiating a composition session
`further comprises resource reservation information and/or resource allocation
`information associated with the one or more sessions identified by the session
`identifiers.
`
`7. Method according to claim 1, wherein the two or more sessions comprise at
`least one of a broadcast (BC) session associated with a BC identifier (BCServiceID),
`a content-on-demand (CoD) session associated with a CoD identifier (CoDID), a
`Targeted Advertisement Insertion (TAI) session associated with a TAI identifier,
`network personal video content (NPVC) session associated with a NPVR identifier
`(NPVRContentID), a user generated content (UGC) session associated with a UGC
`identifier, a Public Switched Telecommunications Network (PSTN) emulation session
`associated with a PSTN emulation identifier and/or a shared content (SC) session
`associated with a SC identifier.
`
`8. Method according to claim 1, wherein the combined streams of the associated
`sessions are presented to a use as a personalized composed multimedia stream.
`
`9. Method according to claim 1, wherein the network further comprises storage
`means, the method further comprising the step of:
`- the network element storing the composition session identifier and two or more
`associated session identifiers in the storage means.
`
`10. Method according to claim 9, wherein the storage means is a database.
`
`11. Method according to claim 1, wherein the network is an IP Multimedia
`Subsystem (IMS) network comprising an IMS core connected to a Service Control
`Function SCF, the SCF configured for managing associated sessions between the
`network and the User Equipment.
`
`12. A system for managing associated sessions in a network, the system
`comprising:
`- a network element configured for managing associated sessions between the
`network and a user equipment; for exchanging a composition session identifier with a
`user equipment; and, for associating two or more sessions with the composition
`session identifier by exchanging the composition session identifier;
`- a user equipment configured for providing a composition session identifier for
`
`
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`associating sessions in a network; and, for exchanging the composition session
`identifier with the network element,
`- the user equipment generating a composition session identifier;
`- sending a request for initiating a composition session from the user equipment
`to the network element, the request comprising the composition session identifier,
`- the user equipment initiating two or more sessions by sending two or more
`session initiation requests for a session, to the network element, each request
`comprising the composition session identifier,
`- modifying the composition session by adding one or more sessions to the
`composition session, by terminating; or modifying one or more sessions in the
`composition session and/or by transferring one or more sessions from the composition
`session to a further composition session or outside the composition session.
`
`13. A user equipment for use in a system according to claim 12, the user
`equipment comprising:
`- an ID generator for generating a composition session identifier;
`- a multimedia client configured for receiving the composition session identifier
`from the ID generator; exchanging the composition session identifier with a network
`element; for initiating one or more multimedia sessions with the network element; and
`for exchanging the composition session identifier with the network element during the
`set up of the multimedia sessions.
`
`14 . A user equipment according to claim 13, further configured for initiating a
`composition session.
`
`15 . A network element for use in a system according to claim 12, the network
`element comprising:
`- a session manager configured for exchanging a composition session identifier
`with a user equipment; and for setting up and modifying multimedia sessions;
`- a storage means for storing composition session information, the composition
`session information comprising information regarding composition session and the
`associated sessions.
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`16. A network element according to claim 15, further configured for initiating,
`and or terminating and or modifying a composition session.
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`17. A network element according to claim 15 or 16, the network element further
`comprising:
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`- an ID generator for generating a composition session identifier."
`
`
`Regarding the above patent right, Xiaomi Communications Co., Ltd. (hereafter
`referred to "the Petitioner") filed on April 29, 2021 a Request for Invalidation with the
`CNIPA, together with the granted text CN102356623B of the contested patent and the
`following exhibits:
`
`Annex 1-1: the Chinese invention patent with the publication number CN102356623A
`(the published text of the contested patent);
`
`Annex 1-2: the Invalidation Decision No. 34593 (the prior invalidation decision of the
`contested patent).
`
`The Petitioner raised the Request for Invalidation on the following grounds: (1) the
`amendments to claims 3 and 4 exceed the scope of the initial disclosure, contrary to
`Article 33 of the Patent Law; (2) the description is not sufficiently disclosed, contrary
`to Article 26.3 of the Patent Law; (3) claims 1-14 lack the support of the description,
`contrary to Article 26.4 of the Patent Law; (4) the protection scopes of claims 1-17 are
`unclear, contrary to Rule 20.1 of the Implementing Regulations of the Patent Law.
`
`After the examination as to formalities was passed, the CNIPA accepted the aforesaid
`request for invalidation on May 14, 2021, transferred the Request for Invalidation as
`well as the annexes to the Patentee, and called up a collegiate panel (hereinafter
`referred to as "the Panel") to examine the present case.
`
`The Petitioner filed a Response on May 31, 2021, together with the granted text
`CN102356623B of the contested patent and the following exhibits:
`
`Annex 1-1: the Chinese invention patent with the publication number CN102356623A
`(the published text of the contested patent);
`
`Annex 1-2: the Invalidation Decision No. 34593 (the prior invalidation decision of the
`contested patent);
`
`
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`Annex 2 (hereinafter referred to as "D1"): ETSI TISPAN#19-Ter standard revising
`name
`file
`proposal
`(19tTD080)
`with
`the
`"19tTD080_WI2070_Procedure_for_Personal_Stream_Composition" and its Chinese
`translation, published on January 14, 2009;
`
`Annex 3 (hereinafter referred to as "D2"): Master's Theses of Soochow University,
`"The Research and Design of IP Multicast Desktop Video Conference Based on SIP",
`I136-263, Yao Qin-qin, China Master’s Theses Full-text Database, Information
`Technology (Monthly), No. 3, 2008, published on February 16, 2008 to March 15,
`2008, China Academic Journals (CD Edition) Electronic Publishing House (CNKI),
`published on March 15, 2008;
`
`Annex 4 (hereinafter referred to as "D3"): Specification Draft ETSI DTS 182 027
`V3.0.2 (2008-07) and Chinese translation thereof, published on November 14, 2008;
`
`Annex 5 (hereinafter referred to as "D4"): Master's Thesis of Soochow University,
`"Research and Design of a VoIP Teleconferencing System Based on P2P-SIP
`Technique", I136-512, NIE PENG-peng, Chinese Master’s Theses Full-Text Database,
`Information Science and Technology Series (monthly), No. 11, 2008, published from
`October 16, to November 15, 2008, China Academic Journal (CD) Electronic Journals
`Publishing House Co., Ltd. (CNKI China National Knowledge Infrastructure),
`published on November 15, 2008;
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`Annex 6 (hereinafter referred to as "D5"): the published text of the US patent
`US20080089344A1 and Chinese translation thereof, published on April 17, 2008;
`
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`Annex 7 (hereinafter referred to as "D6"): RFC 5239 and Chinese translation thereof,
`published on June 30, 2008;
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`Annex 8 (hereinafter referred to as "D7"): the published text of the Chinese patent
`CN101106536A, published on January 16, 2008;
`
`Annex 9 (hereinafter referred to as "D8"): RFC 4579 and Chinese translation thereof,
`published on August 31, 2006.
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`The Petitioner raised the following arguments: (1) the amendments to claims 3 and 4
`exceed the scope of the initial disclosure, contrary to Article 33 of the Patent Law; (2)
`the description is not sufficiently disclosed, contrary to Article 26.3 of the Patent Law;
`(3) claims 1-12 lack the support of the description, contrary to Article 26.4 of the
`Patent Law; (4) the protection scopes of claims 1-17 are unclear, contrary to Rule 20.1
`of the Implementing Regulations of the Patent Law; (5) when D1, D2 or D5 is used as
`the closest prior art respectively in combination with other reference documents or
`common knowledge, claims 1-17 involve no inventive step in the sense of Article 22.3
`of the Patent Law; this Response has covered all exhibits and reasons stated in the
`Request for Invalidation.
`
`In response to the Request for Invalidation submitted by the Petitioner on April 29,
`2021, the Patentee filed a Response and the amended claims on June 25, 2021. The
`specific amendments include removing dependent claims 3, 4 and 17, and amending
`the serial number and dependencies of the claims accordingly. The Patentee argued
`that the amended claims of the contested patent conform to the relevant provisions of
`the Patent Law and the Implementing Regulations of the Patent Law.
`
`The Panel issued a Notice of Forwarding Documents on August 6, 2021, forwarding
`the Response as well as copies of the exhibits that the Petitioner submitted on May 31,
`2021 to the Patentee, and issued a Notice of Forwarding Documents on the same day,
`forwarding the amended claims that the Patentee submitted on June 25, 2021 to the
`Petitioner.
`
`In response to the Notice of Forwarding Documents issued by the Panel to the
`Patentee on August 6, 2021, the Patentee resubmitted a Response and the amended
`claims on September 22, 2021, wherein the amended text is the same as the amended
`text submitted on June 25, 2021, and the specific amendments include removing
`dependent claims 3, 4 and 17, and amending the serial number and dependencies of
`the claims accordingly. The Patentee deemed in the Response that the amended claims
`conform to the relevant provisions of the Patent Law and the Implementing
`Regulations of the Patent Law, and requested to maintain the validity of the patent
`right.
`
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`The Panel issued a Notice of Forwarding Documents on October 14, 2021, forwarding
`the Response and the amended claims that the Patentee submitted on September 22,
`2021 to the Petitioner.
`
`The Panel issued a Notice of Oral Hearing to both parties on March 25, 2022, and
`scheduled an Oral Hearing on May 10, 2022.
`
`In response to another Request for Invalidation (the Request for Invalidation was filed
`on January 7, 2022 with a case No. 4W113708), the Patentee submitted the amended
`claims on April 11, 2022, wherein the claims were amended based on the text of the
`claims that were confirmed by the previously issued Examination Decision on
`Request for Invalidation No. 34593, the amendments including removing dependent
`claims 3, 4 and 17, incorporating dependent claim 14 into claim 13, incorporating
`dependent claim 16 into claim 15, and amending the serial numbers and dependencies
`of the claims adaptively. The amended claims submitted herein are as follows:
`
`
`"1. Method for managing associated sessions in a network, the network
`comprising a network element configured for managing associated sessions between
`the network and user equipment, the method comprising:
`- providing a composition session identifier for associating sessions in a
`network;
`- exchanging the composition session identifier between a user equipment and
`the network element; and
`- associating two or more sessions with the composition session identifier by
`exchanging the composition session identifier,
`wherein the method further comprises the step of initiating a composition
`session,
`wherein the method further comprises the steps of:
`- the user equipment generating a composition session identifier;
`- sending a request for initiating a composition session from the user equipment
`to the network element, the request comprising the composition session identifier,
`wherein the method further comprises the steps of:
`- the user equipment initiating two or more sessions by sending two or more
`session initiation requests for a session, to the network element, each request
`comprising the composition session identifier,
`the method further comprising the step
`
`of:
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`- modifying the composition session by adding one or more sessions to the
`composition session, by terminating; or modifying one or more sessions in the
`composition session and/or by transferring one or more sessions from the composition
`session to a further composition session or outside the composition session.
`
`2. Method according to claim 1, wherein the session initiation requests are sent
`by using a SIP INVITE message.
`
`3. Method according to claim 1, wherein the request for initiating a composition
`session further comprises one or more session identifiers.
`
`4. Method according to claim 1, the request for initiating a composition session
`further comprises resource reservation information and/or resource allocation
`information associated with the one or more sessions identified by the session
`identifiers.
`
`5. Method according to claim 1, wherein the two or more sessions comprise at
`least one of a broadcast (BC) session associated with a BC identifier (BCServiceID),
`a content-on-demand (CoD) session associated with a CoD identifier (CoDID), a
`Targeted Advertisement Insertion (TAI) session associated with a TAI identifier,
`network personal video content (NPVC) session associated with a NPVR identifier
`(NPVRContentID), a user generated content (UGC) session associated with a UGC
`identifier, a Public Switched Telecommunications Network (PSTN) emulation session
`associated with a PSTN emulation identifier and/or a shared content (SC) session
`associated with a SC identifier.
`
`6. Method according to claim 1, wherein the combined streams of the associated
`sessions are presented to a use as a personalized composed multimedia stream.
`
`7. Method according to claim 1, wherein the network further comprises storage
`means, the method further comprising the step of:
`- the network element storing the composition session identifier and two or more
`associated session identifiers in the storage means.
`
`8. Method according to claim 7, wherein the storage means is a database.
`9. Method according to claim 1, wherein the network is an IP Multimedia
`Subsystem (IMS) network comprising an IMS core connected to a Service Control
`Function SCF, the SCF configured for managing associated sessions between the
`
`
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`network and the User Equipment.
`
`10. A system for managing associated sessions in a network, the system
`comprising:
`- a network element configured for managing associated sessions between the
`network and a user equipment; for exchanging a composition session identifier with a
`user equipment; and, for associating two or more sessions with the composition
`session identifier by exchanging the composition session identifier;
`- a user equipment configured for providing a composition session identifier for
`associating sessions in a network; and, for exchanging the composition session
`identifier with the network element,
`- the user equipment generating a composition session identifier;
`- sending a request for initiating a composition session from the user equipment
`to the network element, the request comprising the composition session identifier,
`- the user equipment initiating two or more sessions by sending two or more
`session initiation requests for a session, to the network element, each request
`comprising the composition session identifier,
`- modifying the composition session by adding one or more sessions to the
`composition session, by terminating; or modifying one or more sessions in the
`composition session and/or by transferring one or more sessions from the composition
`session to a further composition session or outside the composition session.
`
`11. A user equipment for use in a system according to claim 10, the user
`equipment comprising:
`- an ID generator for generating a composition session identifier;
`- a multimedia client configured for receiving the composition session identifier
`from the ID generator; exchanging the composition session identifier with a network
`element; for initiating one or more multimedia sessions with the network element; and
`for exchanging the composition session identifier with the network element during the
`set up of the multimedia sessions, and
`further configured for initiating a composition session.
`
`12. A network element for use in a system according to claim 10, the network
`element comprising:
`- a session manager configured for exchanging a composition session identifier
`with a user equipment; and for setting up and modifying multimedia sessions, and
`further configured for initiating, and or terminating and or modifying a composition
`session;
`
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`- a storage means for storing composition session information, the composition
`session information comprising information regarding composition session and the
`associated sessions."
`
`The Panel issued a Notice of Forwarding Documents on April 27, 2022, forwarding
`the Response as well as the amended claims that the Patentee submitted on April 11,
`2022 in response to the Request for Invalidation No. 4W113708 to the Petitioner.
`
`The Petitioner submitted a Response and annexes on May 7, 2022, including common
`knowledge documents, notarial certificates and other references, and mailed the
`original notarized certificates to the Panel. The exhibits submitted herein are as
`follows (serial number continued from previous):
`
`Annex 10: (2021) Notarial Certificate No. 04759 of Beijing Guoxin Notary Public
`Office and translation of some screenshots;
`Annex 11: (2021) Notarial Certificate No. 04760 of Beijing Guoxin Notary Public
`Office and translation of some screenshots;
`Annex 12: (2021) Notarial Certificate No. 04761 of Beijing Guoxin Notary Public
`Office and translation of some screenshots;
`Annex
`13:
`ETSI
`Standard
`19bTD115_WI2070_Multiple_Content_Delivery_Items;
`Annex
`14:
`ETSI
`Standard
`19bTD115r1_WI2070_Multiple_Content_Delivery_Items;
`Annex
`15:
`ETSI
`Standard
`19bTD115r2_WI2070_Multiple_Content_Delivery_Items;
`Annex
`16:
`ETSI
`Standard
`19bTD115r3_WI2