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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/18/2025 has been entered.
Claims 1-3, 5-12, 15-18, and 20-22 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-12, 15-18, and 20-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 lines 8-9 recite “sending out 2G transcoded, packet-switched voice data and signaling data… toward a 2G core over a common IP-based backhaul.” There is no teaching of transmitting packet-switched voice data toward 2G core network, especially since core 2G network is for circuit-switched data.
Claims 2, 3, and 5-9 are rejected for their dependency of claim 1 above.
Claim 10 line 6 recites “2g transcoded packet-switched voice data”. 2G/GSM is a circuit-switched network, thus, there is no teaching of a 2G base station transcode 13 Kbps circuit-switched voice channel into a 2g transcoded packet-switched voice data and transmit them to a 2G core network.
Claims 11-12, 15-18, and 20-22 are rejected for their dependency of claim 10.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-12, 15-18, and 20-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 lines 6-8 recite “sending out 2g transcoded packet-switched voice data and 2G core signaling data over…a common IP based backhaul shared with a 4G base station.” It is unclear which device/node (2G base station or network server or another device) performs this function. The 2G base station does not transcoded packet-switched voice data while the network server does not have a common IP-based backhaul shared with a 4G base station.
Claims 11-12, 15-18, and 20-22 are rejected for their dependency of claim 10.
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 1, 2, 5, 10, 11, and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djordjevic et al. (US Pub. No. 2019/0320376) in view of Bendlin et al. (US Pub. No. 2021/0345135) in view of Agarwal et al. (US Pub. No. 2018/0049275) in view of Samuelsson et al. (US Pub. No. 2006/0116874).
Regarding claims 1 and 10, Djordjevic discloses a system for providing a 2G network, comprising:
a 2G/4G base station with an attached 2G mobile station (MS); (figure 1 and paragraph 39: GSM/2G access network with UEs or 4G/LTE network eNB); and
a gateway (figures 4 and 5: SDN-C), the gateway configured to provide a 2G virtual machine for 2G networks (figure 7: paragraphs 54, 59: SDN controller implemented in a base station providing RAN functions with software similar to Applicant’s specification) over Internet Protocol (IP), and with an IP-based backhaul (figure 2; see corresponding/same layer structure (SCTP, IP, L1/L2) between eNBs and eNB and MME; IP layer in eNB working with IP-based backhaul X2-C with another eNB and IP-based MME via S1-MME link; paragraphs 39 and 40);
wherein the gateway provides a plurality of virtualized network functions (VNFs) (figure 7; topology and UE discovery, X2 handler; paragraphs 54 and 59);
wherein the 2G/4G base station uses the common backhaul connection to the gateway for both 2G and 4G (see figures 4 and 5: 4G/LTE eNB/2G base station (paragraph 39) uses a common backhaul to connect to the gateway SDN).
Djordjevic further teach the radio access network could be 2G, 3G, Wi-Fi, etc. (paragraphs 35 and 39).
Djordjevic does not teach one of the VNFs is a Self-Organizing Network (SON) function, and the virtualized gateway provides gateway functionality to a 2G core and one or more of 3G, 4G, 5G, and Wi-Fi cores.
However, in the same field of endeavor, Bendlin discloses one of the VNFs is a Self-Organizing Network (SON) function (see figure 1 SDN controller/SON 190, paragraphs 46-50: any one or more of the components of EPC network 105 may… configured to operate as various virtual network functions. SON/SDN controller 190 may function as a self-optimizing network (SON) orchestrator that is responsible for activating, allocating, and otherwise managing a variety of network components), and the gateway provides gateway functionality to functionality to a 2G core and one or more of 3G, 4G, 5G, and Wi-Fi cores (paragraphs 46 and 50: SDN controller instantiates VNFs to function as gateways, PGW 110 comprise VNFs instantiated on host device. Paragraphs 30, 33, and 56 discloses radio access network of hybrid 4G/5G or any two or more of 2G-5G).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to substitute a SDN controller in Bendlin for the SDN controller in Djordjevic for predictable result of providing services to networks.
Djordjevic does not teach receiving 2G radio access signaling over an Abis interface and sending out 2G core signaling and packet-switched voice data over an A-over-IP interface toward a 2G core over an IP-based backhaul.
However, in the same field of gateway, Agarwal discloses receiving 2G radio access signaling over an Abis interface (see figure 1 Abis between BTS and BSC for 2G Access GERAN; paragraph 41) and sending out 2G core signaling and packet-switched voice data over an A-over-IP interface toward a 2G core over an IP-based backhaul (figure 1 2G access GERAN to 2G core in view of paragraph 47: For standard BTS-MSC interface, the A interface, BTS software is configured to use the A interface over IP protocol backhaul link and use a modified version of the A interface over IP links (A-over-IP). Paragraphs 42 and 52 disclose packet-switched voice call to core network).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic receiving 2G radio access signaling over an Abis interface and sending out 2G core signaling and packet-switched voice data over an A-over-IP interface toward a 2G core over an IP-based backhaul.
The motivation would have been to enable compatibility with current IP migration (paragraph 47).
Djordjevic does not teach the base station configured to perform radio channel setup including transcoding a 13 Kbps voice channel to a 64 Kbps data channel for an attached mobile station and sending out transcoded voice data toward core network.
However, in the same field of GSM/2G, Samuelsson discloses the base station configured to perform radio channel setup including transcoding a 13 Kbps voice channel to a 64 Kbps data channel for an attached mobile station and sending out transcoded voice data toward core network. (figure 1 BTS 104 and paragraph 84: In GSM, a speech transcoder which is part of base station 104 provides conversion between 13 kbps digitized GSM speech and 64 kbps PCM speech to PSTN 130).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic the base station configured to perform radio channel setup including transcoding a 13 Kbps voice channel to a 64 Kbps data channel for an attached mobile station and sending out transcoded voice data toward core network.
The motivation would have been for wireless voice device to wireline voice device communication (see figure 1: mobile device to desktop handset).
Regarding claims 2 and 11, all limitations of claims 1 and 10 are disclosed above. Djordjevic further discloses wherein a virtualized network function comprises a Base Station Controller (BSC) (paragraph 8, 54, 59: SDN controller acts as virtual BSC by controlling base station function/forwarding, topology and UE discovery, X2 handler).
Regarding claim 5, all limitations of claim 1 and 10 are disclosed above. Djordjevic further discloses the virtual machine operates with all G networks (paragraph 39: 2G, 3G…).
Regarding claims 20, all limitations of claims 1 and 10 are disclosed above. Djordjevic further the 2G radio access signaling is circuit switched (paragraph 39: GSM network) (Agarwal: see figure 1: Abis is circuit switched).
Regarding claims 21, all limitations of claims 1 and 10 are disclosed above. Djordjevic does not teach but Agarwal further teaches the 2G core signaling over the IP- based backhaul is merged with other radio access technology core signaling over the IP-based backhaul (paragraph 47: modified version of A over IP).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to Djordjevic the 2G core signaling over the IP- based backhaul is merged with other radio access technology core signaling over the IP-based backhaul.
The motivation would have been for IP-centric compatibility.
Regarding claims 22, all limitations of claims 1 and 10 are disclosed above. Djordjevic does not teach but Bendlin discloses one of the plurality of VNFs is either one or both of a 2G PHY function and a 2G L1 function (paragraph 46: physical devices as virtual device/function. Physical devices have PHY function for communication with other devices).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to Djordjevic one of the plurality of VNFs is either one or both of a 2G PHY function and a 2G L1 function.
The motivation would have been for network expansion (paragraph 46).
Claims 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djordjevic et al. (US Pub. No. 2019/0320376) in view of Bendlin et al. (US Pub. No. 2021/0345135) in view of Agarwal et al. (US Pub. No. 2018/0049275) in view of Samuelsson et al. (US Pub. No. 2006/0116874) in view of Miyagawa et al. (US Pub. No. 2013/0072199).
Regarding claims 3 and 12, all limitations of claim 1 and 10 are disclosed above. Djordjevic does not teach but Miyagawa discloses a virtualized function comprises a Radio Network Controller (RNC) (figure 3 virtual RNC; paragraph 71).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic a virtualized function comprises a Radio Network Controller (RNC).
The motivation would have been for at least handover function (abstract).
Claims 7, 9, 16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djordjevic et al. (US Pub. No. 2019/0320376) in view of Bendlin et al. (US Pub. No. 2021/0345135) in view of Agarwal et al. (US Pub. No. 2018/0049275) in view of Samuelsson et al. (US Pub. No. 2006/0116874) in view of Chen et al. (US Pub. No. 2018/0302807).
Regarding claims 7 and 16, all limitations of claim 1 and 10 are disclosed above. Djordjevic does not teach but Chen discloses the SON gathers analytics of the network (paragraph 298 in view of paragraph 105: WCC/SON collects network statistics).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic the SON gathers analytics of the network.
The motivation would have been to route and link calculation (paragraph 298).
Regarding claims 9 and 18, all limitations of claim 4 and 13 are disclosed above. Djordjevic does not teach but Chen discloses the gateway provides at least one of SON based OAM (paragraph 48: SON 230-1 performs all functions described therein), SON based power management, SON based frequency hopping and SON based channel allocation.
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic the gateway provides at least one of SON based OAM.
The motivation would have been to perform network’s functions.
Claims 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djordjevic et al. (US Pub. No. 2019/0320376) in view of Bendlin et al. (US Pub. No. 2021/0345135) in view of Agarwal et al. (US Pub. No. 2018/0049275) in view of Samuelsson et al. (US Pub. No. 2006/0116874) in view of Ahluwalia et al. (US Pub. No. 2016/0192235).
Regarding claims 6 and 15, all limitations of claim 1 and 10 are disclosed above. Djordjevic does not teach but Ahluwalia discloses the gateway throttles down a satellite backhaul link during non-peak hours (paragraph 30: significant amount of backhaul bandwidth during peak times; thus, less bandwidth during other times (off-peak).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic the gateway throttles down a satellite backhaul link during non-peak hours.
The motivation would have been to save cost (paragraph 30: less costs per bit).
Claims 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djordjevic et al. (US Pub. No. 2019/0320376) in view of Bendlin et al. (US Pub. No. 2021/0345135) in view of Agarwal et al. (US Pub. No. 2018/0049275) in view of Samuelsson et al. (US Pub. No. 2006/0116874) in view of Miyagawa et al. (US Pub. No. 2013/0072199).
Regarding claims 8 and 17, all limitations of claims 4 and 13 are disclosed above. Djordjevic does not teach but Miyagawa discloses the gateway provides at least one of handover (paragraph 71 and abstract), paging optimization, RTP localization, traffic concentration, and providing an OAM interface.
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Djordjevic the gateway provides at least one of handover.
The motivation would have been to have better link/connection.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
In page 5 of Remark, regarding claims 1 and 10, the Applicant argues that the combination of Djordjevic, Bendlin, Agarwal, and Samuelsson do not teach “sending out 2G transcoded, packet-switched voice data… wherein the 2G/4G base station uses the common backhaul connection to the gateway for both 2G and 4G.” Examiner respectfully disagrees.
Djordjevic’s paragraph 39 discloses a base station is a 4G LTE eNB/2G GSM base station, and figures 4 and 5 discloses the eNB/base station uses a common backhaul to the gateway SDN. Thus, Djordjevic is determined to teach the claimed limitation. Agrawal reference discloses sending out packet-switched call data to core network in paragraphs 42 and 52.
Conclusion
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/TITO Q PHAM/Examiner, Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466