DETAILED ACTION
Applicant’s amendment and arguments filed August 28, 2025 is acknowledged.
Applicant’s filed terminal disclaimer has overcome the nonstatutory double patenting rejection.
Claims 1, 2, 12, 13, and 15-19 have been amended.
Claims 1-20 are currently pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 28, 2025 has been entered.
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 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 of this title, 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-4, 6-8, 11-13, 15-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Levine et al. (hereinafter Levine) (U.S. Patent Application Publication # 2015/0365954 A1) in view of Song et al. (hereinafter Song) (U.S. Patent Application Publication # 2015/0181455 A1).
Regarding claim 1, Levine teaches and discloses a wireless backhaul resiliency system incorporating a mesh network ([0026]; figure 1), comprising:
a first base station (one of eNodeBs, 106a-f, figure 1); and
a first mesh network node (106/107, figure 1) coupled to the first base station; wherein the first base station configured to: utilize utilizing a the first mesh network node for a first wide area network (WAN)/backhaul connection and having a first wireless mesh functionality (figure 1; [0024]; [0025]; [0026]; [0027]; teaches a first network node having a connection/link to the network); and
wherein the first mesh network node is configured to: detect when the first WAN/backhaul connection fails; and re-route data from the first base station to a core network via the first mesh network node, the wireless mesh connection, the second mesh network node, and the second WAN/backhaul connection in the event of a failure, wherein the wireless mesh connection is used to send X2 messages and backhaul data for the first base station (figure 1; [0024]; [0025]; [0026]; “…X2 interface is also configured to support a mesh network topology for eNodeBs…routing/tunneling enables the eNodeBs to balance traffic load over S1 interfaces and/or provide redundancy in the case of failure of an S1 interface connection/link between an eNodeB macrocell and a corresponding packet switched core backhaul network…”; [0027]; teaches providing backhaul redundancy in case of failure and traffic balancing to another eNodeB, where the backhaul connection is a wired connection).
However, Levine may not explicitly disclose if a wireless mesh connection between the first mesh network node and a second mesh network node is not available, direct the second mesh network node to activate the wireless mesh connection, the second mesh network node having a second wireless mesh functionality, being coupled to a second base station and being utilized by the second base station for a second WAN/backhaul connection.
Nonetheless, in the same field of endeavor, Song teaches and suggests if a wireless mesh connection between the first mesh network node (proxy device) and a second mesh network node (access device) is not available (deactivated therefore not available; [0119]), direct the second mesh network node to activate the wireless mesh connection (backhaul link/X2 link) ([0124]; teaches the proxy device activates the backhaul link between the proxy device and access device), the second mesh network node having a second wireless mesh functionality, being coupled to a second base station and being utilized by the second base station for a second WAN/backhaul connection (figure 3; [0115]; [0185]; teaches a second connection between access device and the core network).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first and second physical backhaul link as taught by Song with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine for the purpose of providing resiliency and reducing load in the network, as suggested by Song.
Regarding claim 2, Levine, as modified by Song, further teaches wherein the first base station further comprises a routing functionality configured to install a route to the core network based on connectivity of the first WAN/backhaul connection (figure 1; [0026]; [0027]; [0028]; teaches the eNodeB comprises routing functionality to route to the core network via the backhaul connections).
Regarding claim 3, Levine, as modified by Song, further teaches wherein the first and the second base stations are Long Term Evolution (LTE) eNodeBs and wherein the wireless mesh connection is a Wi-Fi connection (figure 1; [0023]; [0024]; LTE eNodeBs and wireless network interconnections).
Regarding claim 4, Levine, as modified by Song, further teaches wherein the first mesh network node is colocated with the first base station and wherein the second mesh network node is colocated with the second base station (figure 1; [0024]; [0027]; depicts co-location of the eNodeB and the network node).
Regarding claim 6, Levine, as modified by Song, further teaches wherein the first and the second base stations send and receive X2 protocol messages via the wireless mesh connection between the first wireless mesh functionality at the first base station and the second wireless mesh functionality at the second base station without transiting through the core network (figure 1; [0025]; [0026]; teaches communicating X2 message through the X2 interface).
Regarding claim 7, Levine, as modified by Song, further teaches wherein the first and the second base station each further comprise two or more radios for wireless mesh functionality (figure 1; [0024]; teaches the eNodeBs comprise radios for wireless communication).
Regarding claim 8, Levine, as modified by Song, further teaches wherein the first and the second base station are wirelessly coupled to other mesh nodes in a ring topology (figure 1; [0026]; [0034]; teaches the eNodeBs are configured in a mesh network based on alternative network topologies).
Regarding claim 11, Levine, as modified by Song, further teaches wherein the wireless mesh connection is at least one of an IEEE 802.11a/b/g/n/ac/ad/af/ah Wi-Fi connection, a microwave connection, a Long Term Evolution (LTE) connection, a wireless connection with a frequency between 5.0 and 6.0 GHz, a wireless connection with a frequency between 2.2 and 2.5 GHz, and a wireless connection with a frequency between 20 and 65 GHz (figure 1; [0006]; [0024]; LTE).
Regarding claim 12, Levine teaches and discloses a method, comprising: sending, from a first Long Term Evolution (LTE) base station (one of eNodeBs, 106a-f, figure 1), data packets to a core network (108, figure 1) over a wired backhaul connection; identifying a failure of the wired backhaul connection at the first LTE base station (another of eNodeBs, 106a-f, figure 1) (figure 1; [0024]; [0025]; [0026]; [0027]; teaches a first network node having a connection/link to the network);
setting up a wireless mesh network with a second LTE base station (another of eNodeBs, 106a-f, figure 1), the wireless mesh network including a first mesh network node (106/107, figure 1) coupled to the first base station and a second mesh network node (106/107, figure 1) coupled to the second base station [0024]; [0025]; [0026]; [0027]; teaches a first network node having a connection/link to the network); and re-routing data packets at the first LTE base station to the core network via the first mesh network node, the wireless mesh connection, the second mesh network node, and the second LTE base station, wherein the wireless mesh connection is used to send X2 messages and backhaul data for the first base station (figure 1; [0024]; [0025]; [0026]; “…X2 interface is also configured to support a mesh network topology for eNodeBs…routing/tunneling enables the eNodeBs to balance traffic load over S1 interfaces and/or provide redundancy in the case of failure of an S1 interface connection/link between an eNodeB macrocell and a corresponding packet switched core backhaul network…”; [0027]; teaches providing backhaul redundancy in case of failure and traffic balancing to another eNodeB).
However, Levine may not explicitly disclose if a wireless mesh connection between the first mesh network node and the second mesh network node is not available, direct the second mesh network node to activate the wireless mesh connection.
Nonetheless, in the same field of endeavor, Song teaches and suggests if a wireless mesh connection between the first mesh network node (proxy device) and the second mesh network node (access device) is not available (deactivated therefore not available; [0119]), direct the second mesh network node to activate the wireless mesh connection (backhaul link/X2 link) ([0124]; teaches the proxy device activates the backhaul link between the proxy device and access device) (figure 3; [0115]; [0185]; teaches a second connection between access device and the core network).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first and second physical backhaul link as taught by Song with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine for the purpose of providing resiliency and reducing load in the network, as suggested by Song.
Regarding claim 13, Levine, as modified by Song, further teaches detecting a reconnection of the wired backhaul connection at the first LTE base station and re-routing data packets at the first LTE base station to the core network via the wired backhaul connection (figure 1; [0026]; [0027]; [0028]; teaches the eNodeB comprises routing functionality to route to the core network via the backhaul connections).
Regarding claim 15, Levine, as modified by Song, further teaches wherein the first LTE base station and the second LTE base station send and receive X2 protocol messages between each other via the wireless mesh network (figure 1; [0025]; [0026]; teaches communicating X2 message through the X2 interface).
Regarding claim 16, Levine, as modified by Song, further teaches wherein the first LTE base station and the second LTE base station are configured with two or more radios for wireless mesh functionality (figure 1; [0024]; teaches the eNodeBs comprise radios for wireless communication).
Regarding claim 17, Levine, as modified by Song, further teaches the first LTE base station and the second LTE base station wirelessly coupling to other mesh nodes in a ring topology (figure 1; [0026]; [0034]; teaches the eNodeBs are configured in a mesh network based on alternative network topologies).
Regarding claim 20, Levine, as modified by Song, further teaches wherein the wireless mesh network is at least one of an IEEE 802.11a/b/g/n/ac/ad/af/ah Wi-Fi connection, a microwave connection, a Long Term Evolution (LTE) connection, a wireless connection with a frequency between 5.0 and 6.0 GHz, a wireless connection with a frequency between 2.2 and 2.5 GHz, and a wireless connection with a frequency between 20 and 65 GHz (figure 1; [0006]; [0024]; LTE).
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Levine et al. (hereinafter Levine) (U.S. Patent Application Publication # 2015/0365954 A1) in view of Song et al. (hereinafter Song) (U.S. Patent Application Publication # 2015/0181455 A1), and further in view of Blankenship et al. (hereinafter Blankenship) (U.S. Patent Application Publication # 2007/0264971 A1).
Regarding claim 5, Levine, as modified by Song, discloses the claimed invention, but may not expressly disclose wherein the first WAN/backhaul connection and the second WAN/backhaul connection are in communication with different network interconnection points for communication with the core network.
Nonetheless, in the same field of endeavor, Blankenship teaches and suggests wherein the first WAN/backhaul connection (one of the physical backhaul link, 106, depicted figures 1-2) and the second WAN/backhaul connection (another one of the physical backhaul link, 106, depicted figures 1-2) are in communication with different network interconnection points for communication with the core network (figures 1-2; [0020]; [0039]; teaches a first and second backhaul links to the network, where the first and second backhaul links are separate interconnections to the network).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first and second backhaul links to the network, where the first and second backhaul links are separate interconnections to the network as taught by Blankenship with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine, as modified by Song, for the purpose of providing redundancy and resiliency in the network in case of a failure, as suggested by Blankenship.
Regarding claim 14, Levine, as modified by Song, discloses the claimed invention, but may not expressly disclose wherein the wired backhaul connection and the second LTE base station are in communication with different network interconnection points for communication with the core network.
Nonetheless, in the same field of endeavor, Blankenship teaches and suggests wherein the wired backhaul connection (one of the physical backhaul link, 106, depicted figures 1-2) and the second LTE base station are in communication with different network interconnection points for communication with the core network (figures 1-2; [0020]; [0039]; teaches a first and second backhaul links to the network, where the first and second backhaul links are separate interconnections to the network).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first and second backhaul links to the network, where the first and second backhaul links are separate interconnections to the network as taught by Blankenship with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine, as modified by Song, for the purpose of providing redundancy and resiliency in the network in case of a failure, as suggested by Blankenship.
Claims 9, 10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Levine et al. (hereinafter Levine) (U.S. Patent Application Publication # 2015/0365954 A1) in view of Song et al. (hereinafter Song) (U.S. Patent Application Publication # 2015/0181455 A1), and further in view of Dayama (U.S. Patent Application Publication # 2007/0030809 A1).
Regarding claim 9, Levine, as modified by Song, discloses the claimed invention, but may not expressly disclose wherein the first mesh network node is configured to fail over to at least one wireless mesh connection based on an ordered pre-configured list of wireless mesh connections.
Nonetheless, in the same field of endeavor, Dayama teaches and suggests wherein the first mesh network node is configured to fail over to at least one wireless mesh connection based on an ordered pre-configured list of wireless mesh connections ([0024]; [0034]; [0035]; teaches when a failure or disruption occurs with the backhaul path, an alternate backhaul path is determined based on a pre-configured ranking of available, alternate backhaul paths).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an alternate backhaul path is determined based on a pre-configured ranking of available, alternate backhaul paths as taught by Dayama with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine, as modified by Song, for the purpose of providing redundancy and resiliency in the network in case of a failure, as suggested by Dayama.
Regarding claim 10, Levine, as modified by Song, discloses the claimed invention, but may not expressly disclose wherein the first mesh network node is configured to fail over to the wireless mesh connection at the second mesh network node based on a geographic proximity between the first mesh network node and the second mesh network node.
Nonetheless, in the same field of endeavor, Dayama teaches and suggests wherein the first mesh network node is configured to fail over to the wireless mesh connection at the second mesh network node based on a geographic proximity between the first mesh network node and the second mesh network node ([0023]; [0024]; [0034]; teaches when a failure or disruption occurs with the backhaul path, an alternate backhaul path is determined based on a metric, such as location of the network nodes).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an alternate backhaul path is determined based on a metric, such as location of the network nodes as taught by Dayama with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine, as modified by Song, for the purpose of providing redundancy and resiliency in the network in case of a failure, as suggested by Dayama.
Regarding claim 18, Levine, as modified by Song, discloses the claimed invention, but may not expressly disclose the first LTE base station failing over to at least one wireless mesh connection based on an ordered pre-configured list of wireless mesh connections.
Nonetheless, in the same field of endeavor, Dayama teaches and suggests the first LTE base station failing over to at least one wireless mesh connection based on an ordered pre-configured list of wireless mesh connections ([0024]; [0034]; [0035]; teaches when a failure or disruption occurs with the backhaul path, an alternate backhaul path is determined based on a pre-configured ranking of available, alternate backhaul paths).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an alternate backhaul path is determined based on a pre-configured ranking of available, alternate backhaul paths as taught by Dayama with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine, as modified by Song, for the purpose of providing redundancy and resiliency in the network in case of a failure, as suggested by Dayama.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Levine et al. (hereinafter Levine) (U.S. Patent Application Publication # 2015/0365954 A1) in view of Song et al. (hereinafter Song) (U.S. Patent Application Publication # 2015/0181455 A1), and further in view of Lee et al. (hereinafter Lee) (U.S. Patent Application Publication # 2014/0126356 A1).
Regarding claim 19, Levine, as modified by Song, discloses the claimed invention, but may not expressly disclose the first LTE base station failing over to the second LTE base station based on a geographic proximity between the first LTE base station and the second LTE base station.
Nonetheless, in the same field of endeavor, Lee further teaches and suggests the first LTE base station failing over to the second LTE base station based on a geographic proximity between the first LTE base station and the second LTE base station (figures 1B and 3; [0004]; “…when a primary communication path fails, is interrupted, or is otherwise unavailable, one or more of the wireless access points within proximity of another wireless access point can switch (e.g., failover) to the redundant network…”; [0039]; teaches a wireless access point failing over to another access point based on the proximity between the wireless access points).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a wireless access point failing over to another access point based on the proximity between the wireless access points as taught by Lee with the system for providing backhaul redundancy in case of failure and traffic balancing to another eNodeB as disclosed by Levine, as modified by Song, for the purpose of providing redundancy and load balancing in the network in case of a failure, as suggested by Lee.
Response to Arguments
Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Conclusion
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/Suk Jin Kang/
Examiner, Art Unit 2477
October 18, 2025